Rental-minimum-standards-checklist.pdf

Schedule 4—Rental minimum standards Regulation 29 1 Locks (1) All external entry doors to the rented premises which are not able to be secured with a functioning deadlock, other than any screen door attached to an external door, must at least be fitted with a locking device that— (a) is operated by...

Schedule 4—Rental minimum standards Regulation 29 1 Locks (1) All external entry doors to the rented premises which are not able to be secured with a functioning deadlock, other than any screen door attached to an external door, must at least be fitted with a locking device that— (a) is operated by a key from the outside; and (b) may be unlocked from the inside with or without a key. (2) Subclause (1) does not apply— (a) to a public lobby door that opens to common property; or (b) if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017. 2 Vermin proof bins A rubbish bin and a recycling bin are to be supplied for use by the renter of the rented premises which are— (a) provided by the local council; or (b) vermin proof and compatible with local council collection. 3 Toilets The rented premises are to contain a toilet that is— (a) in good working order, connected to— (i) a reticulated sewerage system; or (ii) a wastewater treatment system permitted under the Code of practice – onsite wastewater management, published under the Environment Protection Act 1970; or (iii) any other system approved by the local council; and (b) either in— (i) a room that is intended to be used as a toilet area, whether as a separate toilet or bathroom or combined bathroom and laundry; or (ii) a separate enclosed structure that is intended to be used as a toilet area. 4 Bathroom facilities In relation to bathroom facilities, the following amenities are to be provided in the rented premises— (a) a bathroom connected to a reasonable supply of hot and cold water that contains a washbasin and a shower or bath; (b) if a shower is present— (i) a shower head with a 3 star rating in the rating system referred to in regulation 23(1)(a); or (ii) a shower head with a one or 2 star rating if a shower head with a 3 star rating— (A) cannot be installed; or (B) if installed, will not operate effectively due to the age, nature or structure of the plumbing of the premises. 5 Kitchen facilities (1) In relation to kitchen facilities, the following amenities are to be provided in the rented premises— (a) a dedicated area which is intended to be used for cooking and food preparation; (b) a sink in good working order that is connected to a reasonable supply of hot and cold water; (c) a cooktop in good working order that has 2 or more burners. (2) Subclause (1) does not apply if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017. (3) Any oven at the rented premises must be in good working order. 6 Laundry facilities Any laundry facilities present in the rented premises must be connected to a reasonable supply of hot and cold water. 7 Structural soundness The rented premises are to be structurally sound and weatherproof. 8 Mould and dampness Each room in the rented premises must be free from mould and damp caused by or related to the building structure. 9 Electrical safety On and from 29 March 2023, in relation to electrical safety, all power outlets and lighting circuits in the rented premises are to be connected to— (a) a switchboard-type Circuit Breaker that complies with AS/NZS 3000, "Electrical Installations", as published from time to time; and (b) a switchboard-type Residual Current Device that complies with— (i) AS/NZS 3190, "Approval and test specification—Residual current devices (current operated earth-leakage devices)", as published from time to time; or (ii) AS/NZS 61008.1, "Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCBOs): Part 1: General rules", as published from time to time; or (iii) AS/NZS 61009.1, "Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCCBs) Part 1: General rules", as published from time to time. 10 Window coverings On and from 29 March 2022, each window in a room at the rented premises that is likely to be used as a bedroom or as a living area is to be fitted with a curtain or blind that can be opened or closed by the renter to— (a) reasonably block light; and (b) provide reasonable privacy to the renter. 11 Windows (1) All external windows in the rented premises that are capable of opening must be able to be set in a closed or open position. (2) All external windows in the rented premises which are capable of opening must have a functioning latch to secure the windows against external entry. Note A window lock or bolt will meet the minimum standard referred to in subclause (2). 12 Lighting (1) The interior rooms, corridors and hallways of the rented premises are to have access to light, whether natural or artificial, which provides a level of illuminance appropriate to the function or use of those rooms. (2) Each habitable room of the rented premises is to have access to— (a) natural light, including borrowed light from an adjoining room, during daylight hours, which provides a level of illuminance appropriate to the function or use of the room; and (b) artificial light during non-daylight hours which provides a level of illuminance appropriate to the function or use of the room. (3) Subclauses (1) and (2) do not apply if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with the standard has been refused in accordance with Part 5 of the Heritage Act 2017. 13 Ventilation (1) If the rented premises is a Class 1 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirement P2.4.5 of the BCA Volume Two, or the Acceptable Construction Practice in Part 3.8.5 of the BCA Volume Two. (2) If the rented premises is within a Class 2 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirements FP4.3, FP4.4 and FP4.5 of the BCA Volume One, or the Deemed-to-Satisfy Provisions requirements in F4.5, F4.6 and F4.7 of the BCA Volume One. 14 Heating (1) On and from 29 March 2021 until 28 March 2023, in relation to heating in a Class 1 building— (a) a fixed heater in good working order is to be in the main living area of the rented premises; or (b) if a fixed heater has not been installed in the main living area of the rented premises on or by 29 March 2021, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises. (2) On and from 29 March 2021 until 28 March 2023, in relation to heating in a Class 2 building— (a) a fixed heater in good working order is to be in the main living area of the rented premises; or (b) if a fixed heater has not been installed in the main living area of the rented premises on or by 29 March 2021, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it would be unreasonable to install an energy efficient fixed heater. (3) On and from 29 March 2023, in relation to heating in a Class 1 building, an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises. (4) On and from 29 March 2023, in relation to heating in a Class 2 building— (a) an energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it is unreasonable to install an energy efficient fixed heater; or (b) if it is unreasonable to install an energy efficient fixed heater in the main living area of the rented premises, a fixed heater in good working order is to be installed in the main living area of the rented premises. (5) For the purposes of subregulations (2)(b) and (4) it would be unreasonable to install an energy efficient fixed heater if— (a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or (b) owners corporation rules prohibit installation of the appliance; or (c) compliance with any other Act or local law makes the cost of installation prohibitive. (6) In this clause— energy efficient fixed heater means— (a) a non-ducted air conditioner or heat pump with a 2 star or above heating rating in the prescribed energy rating system for non-ducted air conditioners or heat pumps; or (b) a gas space heater with a 2 star or above heating rating in the prescribed energy rating system for gas space heaters; or (c) a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or (d) a domestic solid fuel burning appliance; fixed heater means a heater that is not designed or manufactured to be portable. Rental Minimum Standards Checklist The Rental Minimum Standards can be found in Schedule 4 of the Residential Tenancies Regulations 2021. Please note, some of the rental minimum standards will require the assessment and opinion of a suitably qualified person. The Property: _____________________________________________________________ _________________________________________________________________________ Date of completion of this checklist: __________________________________________ 1. Deadlocks The Residential Tenancies Act 1997 requires that all external doors able to be secured with a functioning deadlock are so secured. On doors where an external door cannot be secured with a functioning deadlock (other than for a reason exempted by the Act) the Rental Minimum Standards apply. (1) *Deadlocks are fitted to all external doors (all external doors other than any screen door attached to an external door) □ Yes (Jump to 1 (2)) □ No If NO, the reason is: (a) The external door(s) is/are not able to be secured with a functioning deadlock □ Yes □ No (b) Another Act or law provides for a different type of lock or device. □ Yes □ No (c) The external door cannot be accessed because of another security barrier □ Yes □ No *The door is fitted with a locking device that is operated by a key from the outside and may be unlocked from the inside with or without a key. (If the answers to 1(1)(a), (b) and (c) are all “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 If answer to 1 (a) is Yes… (2) Locks on external entry doors not able to be secured with a functioning deadlock (other than any screen door attached to an external door) □ Yes □ No If NO, the reason is: (a) The external door(s) is a public lobby door that opens to common property. □ Yes □ No (b) the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017. □ Yes □ No (If the answers to 1 (2)(a) and (b) are all “No”, the premises does not comply with rental minimum standards) 2. Vermin proof bins (1) Is there a rubbish bin for use by the renter, either provided by the local council, or vermin proof and compatible with local council collection? □ Yes □ No (2) Is there a recycling bin for use by the renter, either provided by the local council, or vermin proof and compatible with local council collection? □ Yes □ No (If the answer to 2 (1) or (2) is “No”, the premises does not comply with rental minimum standards) 3. Toilets (1) Is there a toilet in good working order in the rented premises connected to: (a) a reticulated sewerage system? □ Yes □ No Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 (b) a wastewater treatment system permitted under the Code of practice - onsite wastewater management, published under the Environment Protection Act 1970? □ Yes □ No (c) a system approved by the local council? □ Yes □ No (If the answers to (3)(1)(a), (b) and (c) are all “No”, the premises does not comply with rental minimum standards) (2) Is the toilet that is in good working order: (a) in a room that is intended to be used as a toilet area, whether as a separate toilet or combined bathroom and laundry? □ Yes □ No (b) in a separate enclosed structure that is intended to be used as a toilet area? □ Yes □ No (If the answers to (3)(2)(a) and (b) are both “No”, the premises does not comply with rental minimum standards) 4. Bathroom facilities (1) Is there a bathroom in the rented premises connected to a reasonable supply of hot and cold water and containing a washbasin and a shower or bath? □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 (2) If a shower is present does it have a shower head: (a) with a 3-star rating under the WELS scheme in the Water Efficiency Labelling and Standards Act 2005? □ Yes □ No □ There is no shower (b) with a one- or 2-star rating because one with a 3 star rating cannot be installed, or if installed will not operate effectively due to the age, nature or structure of the plumbing. □ Yes □ No □ There is no shower (If the answers to (4)(2)(a) and (b) are both “No”, the premises does not comply with rental minimum standards) 5. Kitchen facilities (1) Does the rented premises have: (a) a dedicated area intended to be used for cooking and food preparation? □ Yes □ No (b) a sink in good working order that is connected to a reasonable supply of hot and cold water? □ Yes □ No (c) a cooktop in good working order that has 2 or more burners. □ Yes □ No (d) If the rented premises does not have the above kitchen facilities is it because the premises is a registered place and a permit to include the facilities was refused under the Heritage Act 2017. □ Yes □ No (If the answer to (5)(1)(a), (b) or (c) is “No” and the answer to 5(1)(d) is also “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 (2) If there is an oven at the rented premises, is it in good working order? (Note – the standards do not require that there be an oven, but require that if there is one it must be in good working order) □ Yes □ No □ There is no oven (If the answer is “No”, the premises does not comply with the rental minimum standards.) 6. Laundry facilities If there are laundry facilities in the rented premises, are they connected to a reasonable supply of hot and cold water? (Note – the standards do not require that there be laundry facilities, but require that if there are such facilities they must be connected to a reasonable supply of hot and cold water) □ Yes □ No □ There are no laundry facilities (If the answer is “No”, the premises does not comply with the rental minimum standards.) 7. Structural soundness (1) Is the rented premises structurally sound? □ Yes □ No (If the answer is “No”, the premises does not comply with the rental minimum standards.) (2) Is the rented premises weatherproof? □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 8. Mould and dampness Are all rooms in the rented premises free from mould or dampness caused by or related to the building structure? □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) 9. Electrical safety (Note – compliance with this standard is only required on and from 29th March 2023.) (1) Are all power outlets and lighting circuits in the rented premises connected to: (a) a switchboard-type Circuit Breaker that complies with AS/NZS 3000, “Electrical Installations”, as published from time to time. □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) (b) a switchboard-type Residual Current Device that complies with – (i) (ii) (iii) □ Yes AS/NZS 3190, “Approval and test specification – Residual current devices (current operated earth-leakage devices)”, as published from time to time; or AS/NZS 61008.1, “Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCBs): Part 1 General rules”, as published from time to time; or AS/NZS 61009.1, “Residual current operated circuit breakers with integral overcurrent protection for household and similar uses (RCBOs) Part 1: General rules”, as published from time to time. □ No (If the answer is “No”, the premises does not comply with the rental minimum standards from 29th March 2023) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 10. Window coverings (Note – compliance with this standard is only required on and from 29th March 2022.) Is each window in a room that is likely to be used as a bedroom or living area fitted with a curtain or blind that can be opened or closed by the renter to reasonably block light and provide reasonable privacy to the renter. □ Yes □ No (If the answer is “No”, the premises does not comply with the rental minimum standards from 29 March 2022) 11. Windows (1) Are all external windows in the rented premises that are capable of opening able to be set in a closed or open position? □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) (2) Do all external windows in the rented premises that a capable of opening have a functioning latch, window lock or bolt to secure them against external entry? □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) 12. Lighting (1) Do the interior rooms, corridors and hallways of the rented premises have access to light, whether natural or artificial, which is appropriate for the function or use of those rooms? □ Yes □ No (If the answer is “No” and the reason at 12(3) does not apply, the premises does not comply with the rental minimum standards.) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 (2) Does each habitable room in the rented premises have access to – (a) natural light, including borrowed light from an adjoining room, during daylight hours, which is appropriate for the function of the room; and (b) artificial light during non-daylight hours which is sufficient for the function or use of the room? □ Yes □ No (If the answer is “No” and the reason at 12(3) does not apply, the premises does not comply with the rental minimum standards.) (3) If the answer to either question 12(1) or 12(2) above was “No”, was it because the premises is a registered place and an application to upgrade the lighting to the rental minimum standard has been refused under the Heritage Act 2017? □ Yes □ No □ The answers to both 12(1) and 12(2) were “Yes” (If the answer to either 12(1) or 12(2) was “No” and the answer to 12(3) was also “No”, the premises does not comply with the rental minimum standards) 13. Ventilation (1) The building is a Class 1 building and each habitable room, bathroom, shower room, toilet, and laundry have ventilation that satisfies the specified Performance Requirements or Acceptable Construction Practice requirements. (Refer to Rental Minimum Standards) □ Not a Class 1 building □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) (2) The building is a Class 2 building and each habitable room, bathroom, shower room, toilet, and laundry have ventilation that satisfies the specified Performance Requirements or the Deemed-to-Satisfy Provision requirements. (Refer to Rental Minimum Standards) □ Not within Class 2 building □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 14. Heating (1) This question is only applicable for the period 29 March 2021 until 28 March 2023 inclusive. (a) If the rented premises is a Class 1 building, does it have a fixed heater in good working order in the main living area? □ Not a Class 1 building □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) (b) If the premises is a Class 1 building, is any fixed heater first installed in the main living area during this period an energy efficient fixed heater. □ Not a Class 1 building □ No fixed heater □ Yes ■ No □ (If there is no fixed heater or if a fixed heater installed during this period is not an energy efficient fixed heater the premises does not comply with the rental minimum standards.) (2) This question is only applicable for the period 29 March 2021 until 28 March 2023 inclusive. (a) If the rented premises is within a Class 2 building does it have a fixed heater in good working order in the main living area? □ Not within Class 2 building □ Yes □ No (If the answer is “No” and the answer 14(2)(c) below is also “No”, the premises does not comply with the rental minimum standards.) (b) If the rented premises is within a Class 2 building, is any fixed heater first installed in the main living area during this period an energy efficient fixed heater? □ Not within Class 2 building □ No fixed heater □ Yes □ No (If the answer is “No” or there is no fixed heater, and the answer to 14(2)(c) below is also “No”, the premises does not comply with the rental minimum standards.) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 (c) If the rented premises is within a Class 2 building and there is no energy efficient fixed heater in the living area would it be unreasonable to install an energy efficient heater? □ Not within Class 2 building □ No □ Yes, as the cost would be significantly higher than the average price of installation in a Class 2 building OR owners corporation rules prohibit installation of the appliance OR compliance with any other Act or local law makes the installation prohibitive. (If the answer is “No”, the premises does not comply with rental minimum standards) (3) This question is only applicable on and from 29 March 2023. (a) If the rented premises is a Class 1 building does it have an energy efficient fixed heater in good working order in the main living area? □ Not a Class 1 building □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) (b) If the rented premises is within a Class 2 building does it have an energy efficient fixed heater in good working order in the main living area? □ Not within Class 2 building □ Yes □ No (If the answer is “No” and the answer to 14(3)(c) below is also “No” the premises does not meet the rental minimum standards.) (c) If the rented premises is within a Class 2 building and there is no energy efficient fixed heater in the main living area would it be unreasonable to install an energy efficient fixed heater? □ Not within Class 2 building □ No □ Yes, as the cost would be significantly higher than the average price of installation in a Class 2 building OR owners corporation rules prohibit installation of the appliance OR compliance with any other Act or local law makes the installation prohibitive. (If the answer is “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1 (d) If the rented premises is within a Class 2 building and it would be unreasonable to install an energy efficient fixed heater in the main living area does the premises have a fixed heater in good working order in the main living area? □ Not within Class 2 building or not unreasonable to install □ Yes □ No (If the answer is “No”, the premises does not comply with rental minimum standards) Rental minimum standards checklist Developed by Real Estate Institute of Victoria. Please note, there are certain aspects where you may require the opinion of a specialist. 25.03.2021 V1