Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 17A

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) premises in which rooming accommodation is, or is to be, provided; or

(c) inclusions for premises mentioned in paragraph (a) or (b) ; or

(d) facilities in a moveable dwelling park.

(3) A prescribed minimum housing standard may be about any matter relating to the premises, inclusions or facilities mentioned in subsection (2) , including, for example, the following—

(a) sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities;

(b) ventilation and insulation;

(c) protection from damp and its effects;

(d) construction, condition, structures, safety and situation of the premises, inclusions or 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 of inconsistency between a prescribed minimum housing standard and an Act—

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.