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Healthy Homes Standards NZ: Landlord Compliance Requirements

Key Takeaway

The Healthy Homes Standards set minimum requirements for rental properties in New Zealand across five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. Landlords are legally required to ensure their rental properties comply with these standards to enhance the quality and safety of rental housing for tenants. Specific compliance dates apply depending on the tenancy type.

Understanding the Healthy Homes Standards in New Zealand

New Zealand's Healthy Homes Standards are legally binding requirements for rental properties to ensure they are warm, dry, and safe. These standards address five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. The purpose is to improve the quality of rental homes and the health outcomes for tenants [Source: Residential Tenancies Act 1986, s 45(1)(bb)].

Compliance Requirements for Landlords

Landlords are legally required to ensure their rental properties comply with the Healthy Homes Standards. The compliance date depends on the type of tenancy:

  • Existing private tenancies: Landlords must ensure compliance within 90 days of any new, varied, or renewed tenancy agreement [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 4(1)(b)]. All private rental homes must comply by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 4(1)(c)].
  • Boarding house tenancies: Landlords must comply by 1 July 2021 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 4(1)(a)].
  • Housing New Zealand and community housing provider tenancies: Landlords must comply by 1 July 2023 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 4(1)(d)].

Key Healthy Homes Standards

Heating Standard

A rental property must have a fixed heater that can directly heat the main living room to at least 18°C. The required heating capacity depends on the size of the main living room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6; Schedule 1]. Some existing heating devices, such as open fires, unflued gas heaters, and heaters with a heating capacity exceeding 2.4 kW that are inefficient or costly to run, are not permitted to meet the heating standard [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, cl 3].

Insulation Standard

All rental homes must have ceiling and underfloor insulation that meets the 2008 Building Code insulation requirements. The insulation must also meet minimum R-values, which measure a material's resistance to heat flow. The required R-value varies by climate zone [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7; Schedule 2]. There are specific requirements for thickness and coverage, and some limited exemptions apply where it is not reasonably practicable to install insulation [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, cl 1, 4].

Ventilation Standard

Each habitable room in a rental property must have at least one openable window or door that can be fixed in an open position and has a total area of not less than 5% of the floor area of that room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 8; Schedule 3, cl 2]. Additionally, kitchens and bathrooms must have extractor fans that ventilate to the outside. Kitchens require an extractor fan with a minimum diameter of 150 mm or an exhaust capacity of at least 50 litres per second. Bathrooms require an extractor fan with a minimum diameter of 120 mm or an exhaust capacity of at least 25 litres per second [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 3, cl 3].

Moisture Ingress and Drainage Standard

Rental properties must have efficient drainage for the removal of stormwater, surface water, and groundwater. The drainage system must include a stormwater drainage system that diverts water away from the dwelling [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 9(1)]. Properties with an enclosed subfloor space must have a ground moisture barrier installed, unless it is not reasonably practicable to install one [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 9(2)]. This barrier prevents moisture from rising into the home from the ground.

Draught Stopping Standard

Landlords must prevent unreasonable draughts in a rental property. This means blocking or repairing gaps or holes in walls, ceilings, windows, skylights, floors, and doors that cause noticeable draughts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10]. Any non-operational open fireplaces must be closed off or their chimneys blocked to prevent draughts, unless the tenant and landlord agree otherwise [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10(2)].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific obligations or rights regarding the Healthy Homes Standards should consult with a qualified legal professional. Community Law Centres provide free legal advice for those who qualify. For detailed guidance, individuals may contact relevant government agencies or seek assistance from a solicitor.

Key Resources