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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 17A

Prescribed minimum housing standards

17A Prescribed minimum housing standards

(1) A
"prescribed minimum housing standard" means a standard prescribed by a regulation.
(2) A regulation may prescribe minimum housing standards for—
(a) a residential premises let, or to be let, under a residential tenancy agreement; or
(b) a rental premises; or
(c) inclusions for premises; or
(d) facilities in a moveable dwelling park (
"park facilities" ).
(3) A prescribed minimum housing standard may be for any matter relating to the premises, inclusions or park facilities, including, for example, the following—
(a) sanitation, drainage, cleanliness and repair of the premises, inclusions or park facilities;
(b) ventilation and insulation;
(c) protection from damp and its effects;
(d) construction, condition, structures, safety and situation of the premises, inclusions or park facilities;
(e) the dimensions of rooms in the premises;
(f) privacy and security;
(g) provision of water supply, storage and sanitary facilities;
(h) laundry and cooking facilities;
(i) lighting;
(j) freedom from vermin infestation;
(k) energy efficiency.
(4) If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation—
(a) if not inconsistent with the Act , must be observed in addition to that Act; and
(b) if inconsistent with the Act , is, to the extent of the inconsistency, of no force or effect and that Act prevails.
Example: A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188 (2).
(5) A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.
(6) In this section—

"premises" means premises mentioned in subsection (2) (a) or (b).



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