Understanding the Healthy Homes Compliance Certificate (Statement)
In New Zealand, a Healthy Homes compliance certificate, officially known as a Healthy Homes compliance statement, is a crucial document that details how a rental property meets the legislated Healthy Homes Standards. This statement is designed to provide transparency for tenants (persons who hold premises under a tenancy agreement [Source: Residential Tenancies Act 1986, s 2(1)]) and confirm compliance for landlords (persons who let premises to another person for rent [Source: Residential Tenancies Act 1986, s 2(1)]).
The Legal Basis for Healthy Homes Standards
The requirement for healthy homes stems from the Healthy Homes Guarantee Act 2017, which amended the Residential Tenancies Act 1986 (RTA). The specific standards are detailed in the Residential Tenancies (Healthy Homes Standards) Regulations 2019. These regulations establish minimum requirements for rental properties in five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping.
Landlord Obligations Regarding Healthy Homes Compliance
Landlords have specific obligations related to the Healthy Homes Standards:
- Compliance Deadlines: Landlords must ensure their rental properties comply with all Healthy Homes Standards within certain timeframes. For all private rentals, compliance was required by 1 July 2024. For any new or renewed tenancy agreement (an agreement under which a person grants to another person for value a right to occupy premises as a residence [Source: Residential Tenancies Act 1986, s 2(1)]) that began on or after 1 July 2021, the property must comply within 90 days of the start of the tenancy, unless specific exemptions apply [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019].
- Providing a Compliance Statement: Landlords must include a Healthy Homes Compliance Statement (a document provided by a landlord to a tenant that outlines the current level of compliance of the rental property with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 13A(2)]) with any new or renewed tenancy agreement [Source: Residential Tenancies Act 1986, s 13A(1)(aa)]. This statement must include the current level of compliance with each of the five Healthy Homes Standards for the premises at the start of the tenancy [Source: Residential Tenancies Act 1986, s 13A(2)].
- Maintaining Compliance: Once a property complies with the standards, the landlord must take all reasonable steps to ensure it continues to do so [Source: Residential Tenancies Act 1986, s 45(1)(bb)].
How to Read a Healthy Homes Compliance Certificate (Statement)
The Healthy Homes compliance statement is a document that typically outlines the property's address, the date of assessment, and crucially, the compliance status for each of the five Healthy Homes Standards. When reading the statement, look for clear indications of 'compliant' or 'non-compliant' for each standard, along with details of how compliance is met.
Heating Standard
This standard requires a fixed heater (or heaters) capable of heating the main living room to at least 18°C. The statement should indicate:
- Compliance Status: Whether the property meets the heating standard.
- Heating Device: The type of heater(s) installed (e.g., heat pump, fixed electric heater).
- Heating Capacity: The heating capacity (in kilowatts) of the main heating device, which is typically calculated based on the size of the main living area [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 2].
Insulation Standard
Rental properties must have ceiling and underfloor insulation that meets minimum R-values (a measure of thermal resistance, indicating how well a material insulates [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 3(1)(a)]). The statement should detail:
- Compliance Status: Whether the insulation standard is met.
- Insulation Location: Where insulation is present (ceiling, underfloor, walls if applicable).
- R-values: The measured or assessed R-value for each insulated area.
- Exemptions: Any areas that are legitimately exempt (e.g., inaccessible spaces or unconsented additions) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 3].
Ventilation Standard
This standard requires adequate ventilation in habitable rooms, kitchens, and bathrooms. The statement should specify:
- Compliance Status: Whether the ventilation standard is met.
- Kitchen/Bathroom Ventilation: Whether extractor fans are installed in kitchens and bathrooms, their type, and their extraction capacity (litres per second) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 4(2)].
- Habitable Room Ventilation: Confirmation that all habitable rooms have openable windows or doors [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 4(1)].
Moisture Ingress and Drainage Standard
This standard ensures properties are free from unreasonable dampness and have adequate drainage. The statement should confirm:
- Compliance Status: Whether the property meets the moisture ingress and drainage standard.
- Measures in Place: Any specific features preventing moisture from entering the home (e.g., effective guttering, ground moisture barriers) and ensuring adequate drainage for surface water [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 5].
Draught Stopping Standard
This standard requires landlords to block unwanted draughts. The statement should indicate:
- Compliance Status: Whether the property meets the draught stopping standard.
- Draught Prevention: Confirmation that gaps and holes in walls, ceilings, floors, windows, and doors that cause unreasonable draughts have been stopped [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Clause 6].
Tenant Rights and Actions
Tenants have the right to receive the Healthy Homes Compliance Statement from their landlord [Source: Residential Tenancies Act 1986, s 13A(1)(aa)]. If a tenant believes their rental property does not meet the Healthy Homes Standards, or if the landlord has not provided a compliance statement, they may apply to the Tenancy Tribunal (a specialist court that resolves disputes between landlords and tenants in New Zealand [Source: Residential Tenancies Act 1986, s 77]). The Tenancy Tribunal can make orders requiring landlords to comply with the standards or pay compensation [Source: Residential Tenancies Act 1986, s 77].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific rights and obligations regarding Healthy Homes Standards should consult the Tenancy Services website or contact a Community Law Centre for free legal information. These bodies provide valuable guidance on New Zealand tenancy law.