{"id":"housing-improvement-regulations-2017","name":"Housing Improvement Regulations 2017","slug":"housing-improvement-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235653,"registerId":"sa-housing-improvement-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Housing Improvement Regulations 2017","content":"South Australia\nHousing Improvement Regulations 2017\nunder the Housing Improvement Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—General provisions supporting Act\n4\tMeaning of owner (section 4 of Act)\n5\tRecovery of costs and expenses incurred by Minister (section 18 of Act)\n6\tTermination or variation of prescribed residential tenancy agreement by landlord (section 30 of Act)\n7\tOrders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement (section 32 of Act)\nPart 3—Prescribed minimum housing standards\n8\tPurpose of Part\n9\tGeneral standards\n10\tToilet, bathroom, kitchen and laundry areas\n11\tWater supply and sewerage\n12\tElectricity and gas\n13\tFire safety\n14\tHazardous materials\n15\tMiscellaneous\n16\tAdditional provisions relating to rooming houses\nSchedule 1—Forms\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2\tInformation under repealed Act\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Housing Improvement Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Housing Improvement Act 2016;\napproval includes consent, permission or authorisation;\nbedroom means a room used, intended to be used, or reasonably capable of being used, as a bedroom;\nconstruction includes alteration;\nhabitable room means a room used, intended to be used, or reasonably capable of being used, as a bedroom, kitchen or dining or living area.\nPart 2—General provisions supporting Act\n4—Meaning of owner (section 4 of Act)\nFor the purposes of the definition of owner of land in section 4(1)(d) of the Act, land held under a lease granted to the Minister under any of the following Acts is held in prescribed circumstances:\n\t(a)\tthe Aboriginal Lands Trust Act 2013;\n\t(b)\tthe Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981;\n\t(c)\tthe Maralinga Tjarutja Land Rights Act 1984.\n5—Recovery of costs and expenses incurred by Minister (section 18 of Act)\n\t(1)\tFor the purposes of section 18(3)(a) of the Act, the prescribed rate of interest per annum on an amount recoverable by the Minister but not paid within the period fixed by the Minister is 24% calculated in respect of each month (or part of a month) for which the amount remains unpaid.\n\t(2)\tFor the purposes of section 18(3)(c) of the Act, the prescribed form of notice is as set out in Schedule 1 Form 1.\n6—Termination or variation of prescribed residential tenancy agreement by landlord (section 30 of Act)\nFor the purposes of section 30(1) of the Act—\n\t(a)\tthe prescribed form for a notice of termination is as set out in Schedule 1 Form 2;\n\t(b)\tthe prescribed form for a notice of variation of a prescribed kind (within the meaning of section 30(5) of the Act) is as set out in Schedule 1 Form 3.\n7—Orders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement (section 32 of Act)\nFor the purposes of section 32(4) of the Act, a lessee's intention not to be bound by the lease must be given to the lessor by notice in writing.\nPart 3—Prescribed minimum housing standards\n8—Purpose of Part\nThis Part establishes the prescribed minimum housing standards for the purposes of section 5 of the Act (being standards that must be met for residential premises to be considered safe and suitable for human habitation).\n9—General standards\nThe following general standards apply to residential premises:\n\t(a)\tthe residential premises and any fixtures, fittings or other facilities provided with the residential premises must not present a health or safety hazard;\n\t(b)\tthe fixtures, fittings and facilities prescribed as minimum housing standards under this Part must be—\n\t(i)\tproperly installed; and\n\t(ii)\tfit for the purpose for which those fixtures, fittings or facilities are intended or ordinarily used; and\n\t(iii)\tin good working order.\n10—Toilet, bathroom, kitchen and laundry areas\nThe following standards relating to toilet, bathroom, kitchen and laundry areas apply to residential premises:\n\t(a)\tthe residential premises must be provided with the following items as reasonably required for domestic purposes:\n\t(i)\ta toilet, bath or shower, hand basin, kitchen sink and laundry wash trough or basin;\n\t(ii)\tspace, and designated water supply outlets within immediate proximity of that space, for a washing machine;\n\t(iii)\ta wastewater discharge pipe for a washing machine;\n\t(iv)\tan oven and cooktop;\n\t(v)\tadequate kitchen bench space for food preparation;\n\t(vi)\ta food storage cupboard or pantry in or within reasonable proximity of the kitchen;\n\t(b)\teach room in the residential premises containing toilet, bathroom, kitchen or laundry facilities must be of such a size, and its facilities so configured, as to allow for ease of movement around, and reasonable access to, the facilities;\n\t(c)\teach room containing toilet or bathroom facilities must afford adequate privacy to the user;\n\t(d)\teach room containing a toilet must not open directly into a room used or intended to be used for the storage, preparation, cooking or consumption of food unless ventilated by means of an exhaust fan or similar device;\n\t(e)\tthe construction of each room in the residential premises containing toilet, bathroom, kitchen or laundry facilities must comply with the following requirements in respect of waterproofing of walls and floors in such a room:\n\t(i)\tif, in the opinion of the Minister, the construction of the room occurred before the repeal of the Building Act 1971, the construction must comply with the waterproofing requirements that, in the opinion of the Minister, applied in respect of such construction under that Act immediately before its repeal;\n\t(ii)\tif, in the opinion of the Minister, the construction occurred after the repeal of the Building Act 1971—\n\t(A)\tif the construction was the subject of a readily ascertainable approval under the Development Act 1993—the construction must comply with the waterproofing requirements under that approval; or\n\t(B)\tin any other case—the construction must comply with the waterproofing requirements that, in the opinion of the Minister, applied in respect of such construction under the Development Act 1993 at the time of construction.\n11—Water supply and sewerage\nThe following standards relating to water supply and sewerage apply to residential premises:\n\t(a)\tthe residential premises must have a sufficient and continuously available supply of—\n\t(i)\thot and cold water plumbed to each bath, shower, hand basin, kitchen sink and laundry wash trough or basin; and\n\t(ii)\tcold water plumbed to each toilet and washing machine water supply outlet;\n\t(b)\tthe water must be of a suitable quality for its intended purpose and, in the case of water plumbed to a kitchen sink, must be suitable for drinking;\n\t(c)\teach toilet, bath, shower, hand basin, kitchen sink, laundry wash trough or basin and washing machine waste water discharge pipe in the residential premises must be plumbed to a drainage system that is capable of disposing of all sewage and waste water from those facilities into—\n\t(i)\ta wastewater system within the meaning of the South Australian Public Health (Wastewater) Regulations 2013; or\n\t(ii)\tany other sewerage infrastructure within the meaning of the Water Industry Act 2012.\n12—Electricity and gas\nThe following standards relating to electricity and gas apply to residential premises:\n\t(a)\tthe residential premises must have a sufficient and continuously available supply of electricity;\n\t(b)\teach habitable room in the residential premises and each room containing toilet, bathroom or laundry facilities must have at least 1 electric light fixture and a sufficient number of electrical power points as reasonably required for domestic purposes;\n\t(c)\teach electrical installation in the residential premises must comply with the law in force at the time of such installation (whether the Electricity Act 1996 or a corresponding previous enactment);\n\t(d)\teach alteration to, or relocation, repair or maintenance of, an electrical installation must comply with the law in force at the time of such alteration, relocation, repair or maintenance (whether the Electricity Act 1996 or a corresponding previous enactment);\n\t(e)\teach gas installation in the residential premises must comply with the law in force at the time of such installation (whether the Gas Act 1997 or a corresponding previous enactment);\n\t(f)\teach alteration to, or relocation, repair or maintenance of, a gas installation must comply with the law in force at the time of such alteration, relocation, repair or maintenance (whether the Gas Act 1997 or a corresponding previous enactment).\n13—Fire safety\n\t(1)\tThe following fire safety standards apply to residential premises:\n\t(a)\tthe residential premises must be maintained so as not to present a fire hazard;\n\t(b)\tin the case of residential premises comprising a Class 1 or Class 2 building—the premises must be fitted with smoke alarms in accordance with regulation 76B of the Development Regulations 2008;\n\t(c)\tin the case of residential premises other than a Class 1 or Class 2 building—1 or more smoke alarms must be installed in accordance with the requirements of regulation 76B of the Development Regulations 2008 (including the requirements applying on transfer of title of land) as if the residential premises were a Class 1 or Class 2 building.\n\t(2)\tIn this regulation—\nClass 1 building has the same meaning as in regulation 76B of the Development Regulations 2008;\nClass 2 building has the same meaning as in regulation 76B of the Development Regulations 2008.\n14—Hazardous materials\n\t(1)\tResidential premises must be free from materials or substances that pose a material or serious risk of harm to the health of occupants.\nExamples—\n1\tDisturbed or damaged asbestos.\n2\tFlaking lead paint.\n3\tLead dust.\n4\tChemical residues or vapours.\n\t(2)\tIn this regulation—\nmaterial or serious risk of harm means a risk of harm that is not trivial or negligible.\n15—Miscellaneous\nThe following miscellaneous standards apply to residential premises:\n\t(a)\teach internal wall and ceiling in the residential premises must be constructed of rigid material and form a regular and durable surface;\n\t(b)\tthe floor to ceiling height in each room in the residential premises must be not less than the minimum floor to ceiling height that, in the opinion of the Minister, applied in respect of such a room under the Building Act 1971 immediately before its repeal;\n\t(c)\tany stairs (including the risers and goings and any landings, balustrades and handrails) in the residential premises must—\n\t(i)\tif the construction of the stairs was the subject of a readily ascertainable approval under the Building Act 1971, the Development Act 1993 or a corresponding previous enactment—comply with the building requirements under that approval; or\n\t(ii)\tin any other case—comply with the building requirements that, in the opinion of the Minister, applied in respect of such construction under the law in force at the time of the construction (whether the Building Act 1971, the Development Act 1993 or a corresponding previous enactment);\n\t(d)\teach habitable room in the residential premises and each room containing toilet, bathroom or laundry facilities—\n\t(i)\tmust be adequately ventilated; and\n\t(ii)\tmust be able to be adequately lit;\n\t(e)\teach external door in the residential premises must be fitted with a lock that is able to be operated from the outside with a key and unlocked from the inside without a key;\n\t(f)\teach external window in the residential premises that is able to be opened must be fitted with a latch;\n\t(g)\tin order for occupants of the residential premises to safely screen visitors, the residential premises must be provided with the following items at the main point of entry to the residential premises:\n\t(i)\ta suitably placed window, lockable screen door, peep‑hole, security chain or intercom system;\n\t(ii)\tan external light fitting;\n\t(h)\tthe footings must provide effective structural support to the residential premises;\n\t(i)\tthe residential premises must be reasonably draught proof and weatherproof;\n\t(j)\tthe residential premises must be reasonably free from mould or other irritants, structural disrepair or other adverse effects caused, or contributed to, by moisture or damp;\n\t(k)\tthe grounds of the residential premises must be effectively drained;\n\t(l)\tthe residential premises must provide reasonably free and unimpeded access to and from the premises so that, in the event of an emergency—\n\t(i)\toccupants are able to escape from the premises; and\n\t(ii)\tpersons are able to enter the premises to provide medical or other emergency services;\n\t(m)\tthe residential premises and its grounds must be maintained to prevent—\n\t(i)\tthe accumulation of rubbish; and\n\t(ii)\tinfestation by vermin;\n\t(n)\tany swimming pool on the grounds of the residential premises must comply with the requirements relating to swimming pool safety features under section 71AA of the Development Act 1993.\n16—Additional provisions relating to rooming houses\n\t(1)\tThe following standards apply to residential premises occupied under a rooming house agreement within the meaning of the Residential Tenancies Act 1995:\n\t(a)\teach bedroom in the premises must—\n\t(i)\thave a minimum floor space of 7.5m²; and\n\t(ii)\tbe fitted with a locking device that is able to be operated from the outside with a key and unlocked from the inside without a key; and\n\t(iii)\thave at least 2 electrical power points;\n\t(b)\teach bedroom window in the premises must have a curtain or blind that can be opened and closed by the resident for privacy;\n\t(c)\tthe door to each shared toilet or bathroom facility in the premises must be fitted with a locking device enabling the door to be locked and unlocked from the inside only without a key;\n\t(d)\teach of the following must be provided for use in the premises per maximum of 10 residents:\n\t(i)\ta toilet;\n\t(ii)\ta hand basin;\n\t(iii)\ta bath or shower;\n\t(iv)\tkitchen facilities (in accordance with the requirements of regulation 10);\n\t(v)\tlaundry facilities (in accordance with the requirements of regulation 10).\n\t(2)\tThis regulation applies in addition to any other provision of this Part, however, in the case of any inconsistency between this regulation and any other provision of this Part, this regulation prevails to the extent of the inconsistency.\nSchedule 1—Forms\nForm 1—Housing Improvement Act 2016\nRecovery of costs and expenses incurred by Minister—Notice seeking rental payments from tenant\nTo: [insert name of tenant]\nAddress of premises: [insert address of rented premises]\nI give you notice that costs and expenses have been incurred by me in taking action under section 17 of the Housing Improvement Act 2016 in relation to a housing assessment order, housing improvement order or housing demolition order that was issued to the owner of the premises that you currently occupy.\nThe amount of the costs and expenses have been followed up with the owner of the premises but remain unpaid.\nI now seek to recover some or all of the costs and expenses referred to above in the form of rental payments that you would normally pay to your landlord until [insert date] or until such time as the full amount is paid. I am authorised to take this action under section 18 of the Housing Improvement Act 2016.\nThe costs and expenses are as follows:\n[include enough details so that the tenant receiving this notice will know exactly how much the Minister is seeking to recover]\nThe following steps need to be taken by you: [include enough details so that the tenant receiving this notice will know exactly what has to be done to pay the rent to the Minister]\nSignature of Minister or delegate:\nDate:\nFull name of landlord/agent:\nAddress for service of landlord/agent:\nFull name of tenant:\nAddress for service of tenant:\nService of notice on tenant\nThis notice was served on the tenant on [insert date] by:\n[Tick 1 box]\n\t☐\tpersonally handing it to the tenant\n\t☐\tleaving it for the tenant at their premises with someone apparently over 18 years of age\n\t☐\tposting it to the tenant\n\t☐\tfaxing or emailing it to the tenant\n\t☐\tfixing it on a conspicuous part of the tenant's premises\n\t☐\tother [please specify below]\nService of notice on landlord/agent (optional)\nThis notice was served on the landlord/agent on [insert date] by:\n[Tick 1 box]\n\t☐\tpersonally handing it to the landlord/agent\n\t☐\tleaving it for the landlord/agent at their premises with someone apparently over 18 years of age\n\t☐\tposting it to the landlord/agent\n\t☐\tfaxing or emailing it to the landlord/agent\n\t☐\tother [please specify below]\nInformation for the tenant\n\t1.\tThis notice has also been served on your landlord/agent for their information.\n\t2.\tThis notice may be served in the manner specified in section 51 of the Housing Improvement Act 2016, including the methods specified above.\n\t3.\tYou should retain a copy of this notice.\nInformation for the landlord\n\t1.\tPlease note that this notice has been served on the tenant of the above residential premises, under section 18 of the Housing Improvement Act 2016, for the purposes of recovering costs and expenses that remain unpaid by the owner of the premises referred to above (within the period of [insert period fixed] specified in a notice served on the owner on [insert date of previous notice to owner]) for action taken under a housing assessment order, housing improvement order or housing demolition order under section 17 of the Housing Improvement Act 2016.\n\t2.\tIf the owner wishes to pay the debt owed to me, they should contact an officer of my Department to arrange the necessary details as follows: [insert contact details].\n\t3.\tThis notice may be served in the manner specified in section 51 of the Housing Improvement Act 2016, including the methods specified above.\n\t4.\tYou should retain a copy of this notice.\nForm 2—Housing Improvement Act 2016\nNotice of termination or variation of prescribed residential tenancy agreement by landlord (regulation 6(a))\nNote—\nThis form will only apply where the tenancy agreement is a prescribed residential tenancy agreement, defined, in section 4(1) of the Housing Improvement Act 2016, as a residential tenancy agreement other than—\n\t(a)\ta residential park agreement within the meaning of the Residential Parks Act 2007; or\n\t(b)\ta residential tenancy agreement within the meaning of the Residential Tenancies Act 1995 to which that Act applies; or\n\t(c)\ta rooming house agreement within the meaning of the Residential Tenancies Act 1995.\nTo: [insert name of tenant]\nI give you notice to deliver up vacant possession of the premises at:\nAddress of premises: [insert address of rented premises]\non [insert date on which tenant is required to vacate premises], being a date that is not less than [insert number] days, if this notice is being given on 1 or more of the following grounds, (being prescribed grounds for the purposes of section 30(1) of the Housing Improvement Act 2016):\nTICK ONE OR MORE OF THE FOLLOWING BOXES TO INDICATE THE GROUNDS\n\t☐\tthe landlord requires possession of the premises for demolition\n\t☐\tthe landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises\n\t☐\tthe landlord requires possession of the premises for the landlord's own occupation, or occupation by the landlord's spouse, child or parent, or occupation by the spouse of the landlord's child or parent\n\t☐\tthe landlord requires possession for the landlord to give vacant possession to a purchaser of the premises as they have entered into a contract of sale dated: [insert date of contract of sale]\nSignature of landlord/agent:\nDate:\nFull name of landlord/agent:\nAddress for service of landlord/agent:\nService of notice\nThis notice was served on the tenant on [insert date] by:\n[Tick 1 box]\n\t☐\tpersonally handing it to the tenant\n\t☐\tleaving it for the tenant at their premises with someone apparently over 18 years of age\n\t☐\tposting it to the tenant\n\t☐\tfaxing or emailing it to the tenant\n\t☐\tfixing it on a conspicuous part of the tenant's premises\n\t☐\tother [please specify below]\nInformation for the landlord of prescribed residential tenancy agreement\n\t1.\tIt is a criminal offence under the Housing Improvement Act 2016 to state a false ground of termination in this notice.\n\t2.\tA landlord who recovers possession of premises pursuant to this notice must not, without the consent of the Tribunal, grant a fresh tenancy over the premises within 6 months after recovering possession.\n\t3.\tThis notice may be served in the manner specified in section 51 of the Housing Improvement Act 2016, including the methods specified above.\n\t4.\tYou should retain a copy of this notice.\nInformation for the tenant of prescribed residential tenancy agreement\n\t1.\tIf the rented premises are subject to a housing assessment order, a housing improvement order, a housing demolition order or a rent control notice under the Housing Improvement Act 2016 and you wish to leave the rented premises before the date on which the landlord has indicated vacant possession of the premises is required, you may do so by giving the landlord notice of the termination at least 7 days before leaving, and you need not specify a ground of termination.\n\t2.\tWhen you vacate the premises, you should leave them in a reasonable condition and in a reasonably clean state. If you do not, the landlord may recover the costs of cleaning the premises, removing any rubbish, and so on.\n\t3.\tYou should contact the landlord or agent and arrange to meet him or her at the premises at an agreed time to inspect the premises before you leave. \n\t4.\tWhen you leave the premises, ensure that you leave all the keys, remote controls and security devices with the landlord or agent, and notify the electricity entity, gas company, Australia Post, Telstra etc, so that any subsequent use of gas, electricity and the telephone at the premises is not charged to you, and so that mail can be forwarded to you.\nForm 3—Housing Improvement Act 2016\nNotice of variation of prescribed residential tenancy agreement by landlord (regulation 6(b))\nNote—\nThis form will only apply where the tenancy agreement is a prescribed residential tenancy agreement, defined, in section 4(1) of the Housing Improvement Act 2016, as a residential tenancy agreement other than—\n\t(a)\ta residential park agreement within the meaning of the Residential Parks Act 2007; or\n\t(b)\ta residential tenancy agreement within the meaning of the Residential Tenancies Act 1995 to which that Act applies; or\n\t(c)\ta rooming house agreement within the meaning of the Residential Tenancies Act 1995.\nTo: [insert name of tenant]\nI give you notice of my intention to make a variation of the prescribed residential tenancy agreement of the premises at:\nAddress of premises: [insert address of rented premises]\non [insert date on which the variation will commence], being a date that is not less than 30 days:\nTICK ONE OR MORE OF THE FOLLOWING BOXES TO INDICATE THE NATURE OF THE VARIATION AND STATE REASONS\n\t☐\tproperty or rights ordinarily enjoyed by the tenant in connection with the premises will be removed\nThe reasons for this are: [state reasons]\n\t☐\tproperty or rights ordinarily enjoyed by the tenant in connection with the premises will be subject to a new or additional charge\nThe reasons for this are: [state reasons]\nSignature of landlord/agent:\nDate:\nFull name of landlord/agent:\nAddress for service of landlord/agent:\nService of notice\nThis notice was served on the tenant on [insert date] by:\n[Tick 1 box]\n\t☐\tpersonally handing it to the tenant\n\t☐\tleaving it for the tenant at their premises with someone apparently over 18 years of age\n\t☐\tposting it to the tenant\n\t☐\tfaxing or emailing it to the tenant\n\t☐\tfixing it on a conspicuous part of the tenant's premises\n\t☐\tother [please specify below]\nInformation for the landlord of prescribed residential tenancy agreement\n\t1.\tIt is a criminal offence under the Housing Improvement Act 2016 to make a false statement in this notice.\n\t2.\tThis notice may be served in the manner specified in section 51 of the Housing Improvement Act 2016, including the methods specified above.\n\t3.\tYou should retain a copy of this notice.\nInformation for the tenant of prescribed residential tenancy agreement\n\t1.\tIf the rented premises are subject to a housing assessment order, a housing improvement order, a housing demolition order or a rent control notice under the Housing Improvement Act 2016 and you wish to leave the rented premises before the date on which the landlord has indicated the commencement of the variation, you may do so by giving the landlord notice of the termination at least 7 days before leaving, and you need not specify a ground of termination.\n\t2.\tWhen you vacate the premises, you should leave them in a reasonable condition and in a reasonably clean state. If you do not, the landlord may recover the costs of cleaning the premises, removing any rubbish, and so on.\n\t3.\tYou should contact the landlord or agent and arrange to meet him or her at the premises at an agreed time to inspect the premises before you leave. \n\t4.\tWhen you leave the premises, ensure that you leave all the keys, remote controls and security devices with the landlord or agent, and notify the electricity entity, gas company, Australia Post, Telstra etc, so that any subsequent use of gas, electricity and the telephone at the premises is not charged to you, and so that mail can be forwarded to you.\nSchedule 2—Transitional provisions\nPart 2—Transitional provisions\n2—Information under repealed Act\n\t(1)\tThe Minister may, on application, provide details of any notice under section 52(1) or (3) or section 54 of the repealed Act that was in force in relation to residential premises during the period of 5 years immediately preceding the commencement of this clause.\n\t(2)\tAn application under subclause (1)—\n\t(a)\tmust be in the form determined by the Minister; and\n\t(b)\tmust be accompanied by the fee prescribed for the purposes of the Act.\n\t(3)\tThe Minister may, in the Minister's absolute discretion, decline to provide particular details in particular circumstances.\n\t(4)\tThis clause expires on the expiration of 5 years from the commencement of this clause.\n\t(5)\tIn this clause—\nrepealed Act means the Housing Improvement Act 1940.\nEditorial note—\nSchedule 2 clause 2 has expired.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Housing Improvement Regulations 2017 revoked the following:\nHousing Improvement (Section 60 Statements) Regulations 2016\nHousing Improvement (Standards) Regulations 2007\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n17\nGazette 7.3.2017 p831 \n3.4.2017: r 2\n2018\n108\nGazette 21.6.2018 p2267\n1.7.2018: r 2\n2018\n256\nGazette 20.12.2018 p4368\n20.12.2018: r 2\n2020\n157\nGazette 4.6.2020 p3007\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 3\n\n\nbedroom\ninserted by 256/2018 r 4(1)\n20.12.2018\nhabitable room\nvaried by 256/2018 r 4(2)\n20.12.2018\nr 9\nsubstituted by 256/2018 r 5\n20.12.2018\nr 10\nvaried by 256/2018 r 6\n20.12.2018\nr 11\nvaried by 256/2018 r 7(1)—(3)\n20.12.2018\nr 13\nsubstituted by 256/2018 r 8\n20.12.2018\nrr 14—16\ninserted by 256/2018 r 8\n20.12.2018\nSch 2\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nPt 2\n\n\ncl 2\nexpired: cl 2(4)\n(3.4.2022)\ncl 2(2)\nvaried by 108/2018 r 4\n1.7.2018\n\nvaried by 157/2020 r 4\n1.7.2020\nHistorical versions\n1.7.2018\n\n20.12.2018\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned a 'Page Not Found' error, making it impossible to determine whether the regulations' scope changed from any original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Only website navigation elements and an error message were provided","No substantive legal content exists in the supplied material to analyse","Complexity cannot be meaningfully assessed without the actual regulatory text"],"plain_english_summary":"The link to the Housing Improvement Regulations 2017 (SA) returned a 404 error, so the regulations’ text could not be retrieved and no authoritative summary can be provided. \n\nGenerally, these regulations sit under South Australia’s housing improvement framework and typically cover rental housing standards, powers to declare properties substandard, and landlord repair obligations — but that description is unconfirmed without the actual document."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2017 regulations consolidated earlier instruments and were varied in 2018 and later to substitute r9, vary rr10–11, and insert rr14–16 (see legislative history). Those variations added explicit hazardous‑materials and rooming‑house provisions and updated definitions (bedroom, habitable room), indicating a broadened and more detailed regulatory scope compared with the earlier rules (legislative history; variations list)."},"complexity_factors":["Numerous cross‑references to other Acts and instruments (Building Act 1971, Development Act 1993, Electricity Act 1996, Gas Act 1997, Development Regulations 2008) create layered compliance obligations (rr10(e),11(c),12(c)–(f),13).","Ministerial discretion to determine which historical building requirements apply and to form opinions about construction standards (rr10(e)(i)(ii),15(b)(c), Sch 2 cl 2(3)).","Prescribed administrative forms and procedural steps for notices and recoveries increase compliance detail (r6; Schedule 1 Forms 1–3).","High prescribed interest rate on recoverable amounts (24% p.a. calculated monthly) creates strong financial incentives and risk for owners/tenants (r5(1)).","Specific, technical minimums for rooming houses and fixtures impose measurable standards (r16, r10).","Transitional and expired provisions plus multiple amendments in legislative history produce interpretive complexity for legacy cases (Schedule 2; legislative history entries).","Criminal offences for false statements in prescribed notices add legal risk for landlords/agents (Schedule 1 Forms 2–3 information notes)."],"plain_english_summary":"These regulations set South Australian minimum housing standards and procedural rules: required fixtures, water/electricity, fire safety, hazardous materials, rooming‑house minima, prescribed notice forms, and recovery of the Minister’s costs (including 24% p.a. interest on unpaid sums) (regs 8–16; r5).  They apply to owners, landlords and tenants: landlords must maintain premises and use prescribed notices; tenants receive notices and may have rent diverted to recover owner debts; the Minister has specified powers and some discretion about construction standards (rr6,10(e),15(b))."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose under the Housing Improvement Act 2016. The 2018 amendments expanded minimum standards (adding hazardous materials, fire safety specifics, and rooming house provisions) but this represents a deepening of the original housing quality remit rather than scope creep into unrelated areas. The core focus remains property standards and enforcement mechanisms."},"complexity_factors":["Multiple cross-references to other South Australian Acts (Development Act 1993, Residential Tenancies Act 1995, Electricity Act 1996, Gas Act 1997, etc.) requiring external knowledge","Retrospective compliance tests based on 'the opinion of the Minister' regarding when construction occurred and which building laws applied at that time (regulations 10(e), 15(b), 15(c))","Nested conditional logic in rooming house standards (regulation 16) which apply 'in addition to' other standards but 'prevail' in case of inconsistency","Defined terms rely on definitions in other regulations (Class 1 and Class 2 buildings defined by reference to Development Regulations 2008)","Three different categories of tenancy agreements with different rules (prescribed residential tenancy agreements vs residential tenancies vs rooming houses vs residential park agreements)","Expired transitional provision (Schedule 2 clause 2) still present in text with editorial note, creating potential confusion"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for making sure rental homes in South Australia are safe and livable. They work together with the *Housing Improvement Act 2016* to give the government power to inspect properties, order repairs, and step in when landlords don't maintain basic standards.\n\n**Who it affects:**\n\n- **Tenants** – anyone renting a house, unit, or rooming house (boarding house)\n- **Landlords and property owners** – including those leasing Aboriginal land\n- **The Minister for Housing** – who can issue orders and recover costs\n\n**Key things the regulations cover:**\n\n**Minimum housing standards** – Every rental must have:\n- Working toilet, bath/shower, kitchen sink, and laundry facilities\n- Hot and cold water that's safe to drink\n- Reliable electricity and enough power points\n- Smoke alarms (by law)\n- No asbestos, lead paint, or other dangerous materials\n- Secure locks on doors and windows\n- Protection from weather and damp\n- Safe stairs and proper ventilation\n\n**Special rules for rooming houses** (shared accommodation):\n- Bedrooms must be at least 7.5 square metres\n- Each bedroom needs a lock and at least 2 power points\n- Shared facilities calculated per 10 residents (toilets, showers, kitchen, laundry)\n\n**Enforcement powers:**\n- The Minister can recover costs from landlords at **24% interest per year** if they don't pay for ordered work\n- The Minister can collect unpaid costs directly from tenants' rent money\n- Specific forms must be used for notices to tenants\n\n**Aboriginal land:** Special rules apply for land held under Aboriginal land rights legislation, recognising the Minister as the \"owner\" for enforcement purposes.\n\n**Why it matters:**\n\nThese regulations give tenants enforceable rights to basic living conditions. Before this system, substandard housing was harder to challenge. Now there's a clear checklist of what \"fit for human habitation\" actually means – from waterproof bathrooms to working locks – and government backing to make landlords comply."}},"importantCases":[],"_links":{"self":"/api/acts/housing-improvement-regulations-2017","history":"/api/acts/housing-improvement-regulations-2017/history","analysis":"/api/acts/housing-improvement-regulations-2017/analysis","conflicts":"/api/acts/housing-improvement-regulations-2017/conflicts","importantCases":"/api/acts/housing-improvement-regulations-2017/important-cases","documents":"/api/acts/housing-improvement-regulations-2017/documents"}}