Understanding Healthy Homes Standards Exemptions in New Zealand
In New Zealand, residential rental properties are generally required to comply with the Healthy Homes Standards, a set of minimum requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 5]. However, the law provides specific exemptions where full compliance is not required or feasible. These exemptions acknowledge various practical limitations and building circumstances.
General Exemptions from All Healthy Homes Standards
Several situations may exempt a rental property from all Healthy Homes Standards:
- New Builds: A property is exempt from all Healthy Homes Standards for 12 months after a code compliance certificate (a formal document from the council certifying building work complies with the Building Code) for its construction is issued [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(1)(a)].
- Significant Redevelopment: If a property undergoes significant redevelopment that affects its Healthy Homes components, it is exempt from all standards for 12 months after a code compliance certificate for that redevelopment is issued [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(1)(b)].
- Self-Contained Dwellings in Complex Buildings: For self-contained rental properties that are part of a building containing two or more dwellings, an exemption may apply if compliance with certain standards is impossible or impracticable without affecting other dwellings or common areas [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(1)(c)].
Exemptions Based on Unlawfulness or Impracticability
Specific exemptions can also apply to individual Healthy Homes Standards where compliance would be unlawful or not reasonably practicable:
- Unlawful Act Exemption: A landlord is exempt from complying with a particular standard if doing so would require an unlawful act. This includes situations where compliance would breach the Building Code, a district plan rule, or necessitate resource consent (permission from a local council to undertake an activity that may affect the environment) that cannot be obtained [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 14(1)].
- Impracticability Exemption: An exemption may apply if it is not reasonably practicable to comply with a standard due to the physical characteristics or construction of the property. This covers scenarios where the unique design or existing structure makes compliance extremely difficult or impossible [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 15(1)].
Specific Standard Exemptions
Beyond the general exemptions, the regulations provide targeted exemptions for particular Healthy Homes Standards:
- Heating Standard Exemptions:
- Insufficient Space/Structural Integrity: If it is not reasonably practicable to install heating that meets the minimum heating capacity due to insufficient space for an appropriately sized heat pump or approved heater, or if installing it would compromise the structural integrity of the building [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 16(1)].
- Existing Sufficient Heating: If an existing heating device already provides more than 80% of the required heating capacity for the main living room, the landlord is not required to install an additional heating source [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 16(2)].
- Insulation Standard Exemptions:
- Underfloor/Ceiling Space Constraints: Exemptions exist if it's not reasonably practicable to install underfloor or ceiling insulation due to insufficient subfloor or roof cavity space or if it would compromise structural integrity [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 17(1) & (2)].
- Occupied Roof Space: If the roof space is an occupied area and it is impracticable to insulate to the required levels [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 17(3)].
- Ventilation Standard Exemptions:
- No External Wall for Fan: If a room requiring an extractor fan (such as a bathroom or kitchen) has no external wall suitable for its installation, the landlord is exempt from that specific extractor fan requirement for that room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 18(1)].
- Moisture Ingress and Drainage Standard Exemptions:
- Grounds Moisture Barrier Impracticability: If it is not reasonably practicable to install a grounds moisture barrier due to the construction of the building (e.g., concrete slab directly on the ground or no accessible subfloor space) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 19(1)].
- Draught Stopping Standard Exemptions:
- Exemptions may apply if it is not reasonably practicable to address draughts due to the physical characteristics of the dwelling [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 20(1)].
Landlord Obligations with Exemptions
Even when an exemption applies, landlords still have fundamental obligations under the Residential Tenancies Act 1986 (RTA). These include maintaining the premises in a reasonable state of repair and complying with all building, health, and safety laws [Source: Residential Tenancies Act 1986, s 45(1)(b)].
Landlords who rely on an exemption must keep records detailing which exemptions apply to their rental property and the reasons for their application [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 10]. These records are important for demonstrating compliance if a dispute arises.
Dispute Resolution
Disputes between landlords and tenants regarding compliance with Healthy Homes Standards, including the application or validity of exemptions, can be referred to the Tenancy Tribunal. The Tenancy Tribunal is an independent judicial body that resolves tenancy disputes [Source: Residential Tenancies Act 1986, s 77].
When to Seek Independent Legal Advice
If there are questions about specific Healthy Homes Standards exemptions, their application to a particular property, or how to resolve a dispute, property owners and tenants are encouraged to seek independent legal advice. Information and assistance can be obtained from official bodies like Tenancy Services or free services such as Community Law Centres.