{"id":"sl-1998-17","name":"Residential Tenancies Regulation 1998","slug":"residential-tenancies-regulation-1998","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173613,"registerId":"act-sl-1998-17-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Residential Tenancies Regulation 1998","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nResidential Tenancies Regulation 1998\nSL1998-17\nmade under the\nResidential Tenancies Act 1997\nRepublication No 16\nEffective: 23 February 2026\nRepublication date: 23 February 2026\nLast amendment made by A2026-2\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Residential Tenancies Regulation 1998, made under the Residential\nTenancies Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes)) as in force on 23 February 2026. It also includes any commencement,\namendment, repeal or expiry affecting this republished law to 23 February 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nResidential Tenancies Regulation 1998\nmade under the\nResidential Tenancies Act 1997\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n1AA Dictionary 2\n1AB Notes 2\nPart 2 General matters\n1A Prescribed agreement not residential tenancy agreement—\nAct, s 6D (1) (d) 3\n1AAA Advertising—required information—Act, s 11A (4), def required\ninformation, par (f) 4\n1AAB Lessor’s obligations—information to be disclosed for premises with\nswimming pool—Act, s 12 (3) (l) 5\n\nContents\nPage\ncontents 2 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1B Smoke alarms and installation of smoke alarms—Act, s 11B and\ns 71CB 7\n1C Disapplication of Legislation Act, s 47 (6) 8\n2 Prescribed period for depositing bond—Act, s 23 (6) 8\n4A Appropriate action under warrant—Act, s 40 9\n5 Service of termination notice 9\n5A Rental increase threshold—Act, s 64B and s 68 10\n5B Minor modification—Act, s 71AA, def minor modification, par (b) 11\n6 Refusing registration of standard guarantee contract—\nAct, s 136 (2) (c) (i) 12\n7 Commercial guarantee excluded matters—Act, s 136 (2) (c) (ii) 14\nPart 3 Minimum housing standards—ceiling\ninsulation standards\n8 Definitions—pt 3 15\n9 Minimum housing standard for ceiling insulation—Act, s 19A (1) (b) 16\n10 Installing or upgrading ceiling insulation to comply with ceiling\ninsulation standard 17\n11 Exemptions from complying with ceiling insulation standard 20\n12 Lessor must keep records—Act, s 19C (c) 22\n13 Approved installers 23\n14 Disapplication of Legislation Act, s 47 (5) and (6) 23\nPart 4 Termination of residential tenancy\nagreements—initiated by tenant for family\nviolence\n15 Competent person declaration—required information—Act, s 46I (3) 24\n16 Competent person—eligible people—Act, s 46I (4) 24\nDictionary 27\nEndnotes\n1 About the endnotes 29\n2 Abbreviation key 29\n3 Legislation history 30\n\nContents\nPage\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 33\n5 Earlier republications 36\n\n\n\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nResidential Tenancies Regulation 1998\nmade under the\nResidential Tenancies Act 1997\n\nPart 1 Preliminary\nSection 1\npage 2 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Residential Tenancies Regulation 1998.\n1AA Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘approved installer, for part 3\n(Minimum insulation standard for ceilings)—see section 8.’ means that\nthe term ‘approved installer’ is defined in that section for part 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n1AB Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nGeneral matters Part 2\nSection 1A\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 General matters\n1A Prescribed agreement not residential tenancy\nagreement—Act, s 6D (1) (d)\n(1) An agreement relating to the occupation of premises is a prescribed\nagreement if—\n(a) the agreement is between the Territory (the lessor) and a person\n(the lessee); and\n(b) the agreement includes a term that makes the lessor liable to pay\nthe lessee, on the date of effect, an exit payment calculated in\naccordance with the following formula:\nsublease consideration + (market value at exit − market value at entry\n2 )\n(2) In this section:\ndate of effect means the date of effect stated in the agreement.\nmarket value, of premises, means a valuation of the premises as if—\n(a) the land relating to the premises were subject to a units plan\nunder the Unit Titles Act 2001; and\n(b) the rights and obligations mentioned in the agreement were\nrights and obligations in relation to a unit within a units plan\nunder the Unit Titles Act 2001.\nmarket value at entry means the market value of the premises to\nwhich the agreement relates on the day the lessee pays the sublease\nconsideration.\nmarket value at exit means the market value of the premises to which\nthe agreement relates on the date of effect.\nsublease consideration means the sublease consideration stated in the\nagreement.\n\nPart 2 General matters\nSection 1AAA\npage 4 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1AAA Advertising—required information—Act, s 11A (4),\ndef required information, par (f)\n(1) This section applies to premises if—\n(a) the premises are a unit; and\n(b) either or both of the following apply:\n(i) for an electricity service supplied to the premises—\nthe electricity service is part of an embedded network;\n(ii) for any utility service supplied to the premises—a tenant\nhas no or limited choice of service provider for the utility\nservice; and\nExample\nA units plan has a centralised hot water system and each unit in the\nunits plan has a hot water meter. A tenant in a unit in the units plan\ncannot choose a service provider for the supply of electricity used to\nheat the water before it is provided to the unit.\n(c) the tenant is responsible for paying any cost incurred for their\nuse of the utility service.\n(2) The following information is prescribed:\n(a) if an electricity service supplied to the premises is part of an\nembedded network—that fact;\n(b) if a tenant has no or limited choice of service provider for a\nutility service supplied to the premises—the kind of utility\nservice.\n(3) In this section:\nembedded network means an embedded network under the national\nelectricity rules, chapter 10 (Glossary).\n\nGeneral matters Part 2\nSection 1AAB\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nnational electricity rules means the National Electricity Rules under\nthe National Electricity (ACT) Law.\nNote 1 The national electricity rules are accessible at www.aemc.gov.au.\nNote 2 The Electricity (National Scheme) Act 1997, s 5 applies the National\nElectricity Law set out in the National Electricity (South Australia)\nAct 1996 (SA), schedule as if it were an ACT law called the National\nElectricity (ACT) Law.\nutility services—see the Unit Titles Act 2001, dictionary.\nNote Utility services includes electricity services (see Unit Titles Act 2001,\ndict, def utility services, par (e)).\n1AAB Lessor’s obligations—information to be disclosed for\npremises with swimming pool—Act, s 12 (3) (l)\n(1) This section applies to premises on which a regulated swimming pool\nis located.\n(2) However, this section does not apply to a unit in a units plan if the\nregulated swimming pool is located on the common property for the\nunits plan.\n(3) If the regulated swimming pool was built before 1 May 2023—\nthe following documents are prescribed:\n(a) a copy of the guidance material notified under the Building\nAct 2004, section 83H (Guidance about obligations on owners);\n(b) if the pool has been granted a Ministerial exemption from the\nsafety standards—\n(i) the exemption certificate in force for the pool; and\n(ii) if the pool is exempt from only part of the safety\nstandards—a compliance status certificate for the pool to\nthe extent that it is not exempt from the standards;\n\nPart 2 General matters\nSection 1AAB\npage 6 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if the pool is not a pool to which paragraph (b) applies—any of\nthe following:\n(i) a swimming pool disclosure statement for the premises that\nare the subject of the proposed residential tenancy\nagreement;\n(ii) a compliance status certificate for the pool;\n(iii) a certificate of occupancy for the pool and safety barrier.\n(4) If the regulated swimming pool was built or substantially altered on\nor after 1 May 2023—any 1 of the following documents is prescribed:\n(a) a swimming pool disclosure statement for the premises that are\nthe subject of the proposed residential tenancy agreement;\n(b) a compliance status certificate for the pool;\n(c) a certificate of occupancy for the pool and safety barrier.\n(5) A certificate of occupancy mentioned in subsections (3) (c) (iii) and\n(4) (c) must not be older than 5 years.\nNote For premises that are a unit in a units plan with a regulated swimming\npool located on the common property for the units plan, the documents\nprescribed by s (3) and s (4) must be included in a unit title rental\ncertificate given to a tenant by the lessor (see Act, s 12 (3) (k)).\n(6) In this section:\ncertificate of occupancy—see the Building Act 2004, dictionary.\ncommon property—see the Unit Titles Act 2001, section 13.\ncompliance status certificate, for a regulated swimming pool—see\nthe Building Act 2004, section 83K (1).\nexemption certificate, for a regulated swimming pool—\nsee the Building Act 2004, section 83D (6).\nMinisterial exemption—see the Building Act 2004, section 83 (1).\n\nGeneral matters Part 2\nSection 1B\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nregulated swimming pool—see the Building Act 2004,\nsection 83B (1).\nsafety barrier, for a regulated swimming pool—see the Building\nAct 2004, section 83 (1).\nsubstantially altered—see the Building Act 2004, section 83L (2).\nswimming pool disclosure statement—see the Civil Law (Sale of\nResidential Property) Regulation 2004, section 10B (3).\nunits plan—see the Unit Titles Act 2001, dictionary.\n1B Smoke alarms and installation of smoke alarms—\nAct, s 11B and s 71CB\n(1) A smoke alarm installed in, or for, premises subject to a residential\ntenancy or an occupancy agreement—\n(a) must—\n(i) comply with AS 3786; and\n(ii) be functional; and\n(iii) be installed on or near the ceiling; and\n(b) may be—\n(i) battery-operated; or\n(ii) hard-wired.\nNote AS 3786 requires a hard-wired smoke alarm to also have a secondary\npower source.\n(2) A smoke alarm must be installed in, or for, premises subject to a\nresidential tenancy agreement or an occupancy agreement—\n(a) in each storey of the premises containing a bedroom—\n(i) in every corridor or hallway associated with a bedroom;\nand\n\nPart 2 General matters\nSection 1C\npage 8 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) if there is no corridor or hallway—between each part of the\npremises containing a bedroom and the remainder of the\npremises; and\n(b) in each storey of the premises not containing a bedroom.\nNote Other requirements may apply in relation to the installation of smoke\nalarms, for example, requirements under the Building Act 2004.\n(3) If premises under an occupancy agreement is a bedroom or part of a\nbedroom, for subsection (2) (a) and (b), a reference to premises means\nthe building in which the premises are located.\n(4) In this section:\nAS 3786 means Australian Standard AS 3786 (Smoke alarms using\nscattered light, transmitted light or ionization) as in force from time\nto time.\n1C Disapplication of Legislation Act, s 47 (6)\n(1) The Legislation Act, section 47 (6) does not apply to AS 3786 under\nsection 1B.\nNote AS 3786 does not need to be notified under the Legislation Act because\ns 47 (6) does not apply (see Legislation Act, s 47 (7)). The standard may\nbe purchased at www.standards.org.au.\n(2) However, the director-general must make a copy of AS 3786\navailable for inspection by members of the public during ordinary\nbusiness hours at a place decided by the director-general.\n2 Prescribed period for depositing bond—Act, s 23 (6)\nThe period within which the amount of the bond must be deposited\nwith the Territory is—\n(a) if the tenant pays the bond to the lessor, the period that ends\n2 weeks after the later of the following:\n(i) the day the bond is paid;\n\nGeneral matters Part 2\nSection 4A\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the day the tenancy commences; or\n(b) if the tenant pays the bond to the lessor’s agent, the period that\nends 4 weeks after the later of the days mentioned in\nparagraph (a).\n4A Appropriate action under warrant—Act, s 40\nIt is appropriate for a police officer to physically remove a person\nfrom premises—\n(a) between 8 am and 6 pm from Monday to Thursday, other than\non a public holiday; or\n(b) if authorised by the warrant in exceptional circumstances—at\nany time.\n5 Service of termination notice\nFor the Act, section 58 (1) (b) and section 59 (1) (b) a termination\nnotice must be served—\n(a) on an individual—\n(i) by delivering it to the person personally; or\n(ii) by leaving it at, or sending it by prepaid post to, the address\nof the place of residence or business of the person last\nknown to the person serving the document; or\n(iii) by leaving it at, or sending it by prepaid post to, the address\nfor service provided by the person under the Residential\nTenancies Act 1997, schedule 1 (Standard residential\ntenancy terms), clause 98; or\n(b) on a corporation—by leaving it at, or sending it by prepaid post\nto, the head office, a registered office or a principal office of the\ncorporation.\n\nPart 2 General matters\nSection 5A\npage 10 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5A Rental increase threshold—Act, s 64B and s 68\n(1) The prescribed amount is worked out as follows:\n1.1 × current rental rate × current index number – initial index number\ninitial index number\n(2) In this section:\ncurrent index number means the most recently published index\nnumber when the lessor gives the tenant notice of the proposed rental\nrate increase.\ncurrent rental rate, for premises under a residential tenancy\nagreement, means—\n(a) for a proposed consecutive tenancy agreement—the most recent\nrental rate for the premises under a terminating or terminated\nresidential tenancy agreement; or\n(b) in any other case—the most recent rental rate for the premises\nunder the residential tenancy agreement.\nindex number means the rents subgroup of the housing group of the\nConsumer Price Index for Canberra published from time to time by\nthe Australian statistician.\ninitial index number means the most recently published index\nnumber on—\n(a) for a proposed consecutive tenancy agreement—\n(i) if the rental rate has not been increased under a terminating\nor terminated residential tenancy agreement—the day the\noriginal tenancy agreement started; or\n(ii) if the rental rate has been increased under a terminating or\nterminated residential tenancy agreement—the day the\nlessor gave the tenant notice of the most recent increase; or\n\nGeneral matters Part 2\nSection 5B\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for an existing consecutive tenancy agreement—\n(i) if the rental rate has not been increased under the existing\nagreement or a terminated residential tenancy agreement—\nthe day the original tenancy agreement started; or\n(ii) if the rental rate has been increased under the existing\nagreement or a terminated residential tenancy agreement—\nthe day the lessor gave the tenant notice of the most recent\nincrease; or\n(c) in any other case—\n(i) if the rental rate has not been increased under the\nresidential tenancy agreement—the day the agreement\nstarted; or\n(ii) if the rental rate has been increased under the residential\ntenancy agreement—the day the lessor gave the tenant\nnotice of the most recent increase.\noriginal tenancy agreement, for premises under an existing\nconsecutive tenancy agreement or for which there is a proposed\nconsecutive tenancy agreement, means the residential tenancy\nagreement that started immediately after the lessor last had possession\nof the premises.\n5B Minor modification—Act, s 71AA, def minor modification,\npar (b)\n(1) The following are minor modifications to premises under a residential\ntenancy agreement:\n(a) planting vegetables, fruit, flowers, herbs or shrubs if—\n(i) existing vegetation or plants do not need to be removed;\nand\n(ii) for shrubs—the shrubs will not grow to more than 2m in\nheight;\n\nPart 2 General matters\nSection 6\npage 12 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) installing or placing a composting tumbler or composting bin if\nexisting vegetation or plants do not need to be removed.\n(2) However, subsection (1) does not apply—\n(a) to any common property of a class A unit or class B unit; or\n(b) to a balcony of a class A unit; or\n(c) if the minor modification contravenes a rule of the owners\ncorporation and the owners corporation has not given\npermission for the modification.\n(3) In this section:\nclass A unit—see the Unit Titles Act 2001, section 10.\nclass B unit—see the Unit Titles Act 2001, section 11.\ncommon property—see the Unit Titles Act 2001, section 13.\nowners corporation—see the Unit Titles (Management) Act 2011,\ndictionary.\nrule, for an owners corporation—see the Unit Titles (Management)\nAct 2011, dictionary.\n6 Refusing registration of standard guarantee contract—\nAct, s 136 (2) (c) (i)\n(1) The commissioner must refuse to register a standard guarantee\ncontract if the contract—\n(a) allows a tenant or lessor to subrogate the party’s rights or\nremedies to another party; or\n(b) allows the provider to be party to a tenancy dispute; or\n(c) allows the provider to recover an amount from the tenant that\ncould not be deducted from a bond under the Act, section 31; or\n\nGeneral matters Part 2\nSection 6\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) allows the provider to recover an amount from the tenant\nwithout—\n(i) the tenant’s consent; or\n(ii) an ACAT order, following an application by the lessor, to\nthe effect that the tenant is liable for the amount; or\n(e) allows a provider to approve or otherwise influence a decision\nof the lessor in relation to a residential tenancy agreement,\nincluding a tenancy dispute; or\n(f) prohibits a tenant from terminating the contract without the\nconsent of the other parties if the relevant residential tenancy\nagreement ends; or\n(g) otherwise gives the provider or lessor under a commercial\nguarantee any right or remedy against the tenant that the lessor\nwould not have if the lessor had not accepted a guarantee in\naddition to or in place of a bond.\nNote Standard guarantee contract—see the Act, s 102.\n(2) In making a decision under subsection (1), the commissioner may\nconsult with any entity that has expertise in residential tenancy\nmatters.\nExample\nan entity representing residential tenants or lessors\n(3) In this section:\nprovider means a party to a commercial guarantee that is not a lessor\nor tenant.\n\nPart 2 General matters\nSection 7\npage 14 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Commercial guarantee excluded matters—Act,\ns 136 (2) (c) (ii)\nA commercial guarantee must not include a term that has the effect\nof doing any of the things mentioned in section 6 (1).\nNote 1 A commercial guarantee is void to the extent it includes a matter that must\nbe excluded (see Act, s 16 (5)).\nNote 2 Commercial guarantee—see the Act, s 102.\n\nMinimum housing standards—ceiling insulation standards Part 3\nSection 8\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Minimum housing standards—\nceiling insulation standards\n8 Definitions—pt 3\n(1) In this part:\napproved installer means a person who satisfies the requirements\ndetermined under section 13.\nceiling insulation means insulation intended to be used in ceiling\nspaces in residential premises.\nceiling insulation standard—see section 9.\ncommencement day means 1 April 2023.\ncontinuously tenanted, for a period, means premises are occupied for\nthe period by—\n(a) a tenant under a residential tenancy agreement; and\n(b) a tenant, including a different tenant to the tenant mentioned in\nparagraph (a), under any subsequent residential tenancy\nagreement.\nExample—continuously tenanted\nA lessor enters into a residential tenancy agreement on 1 January 2024 for a fixed\nterm of 6 months. The lessor enters into a subsequent agreement for the premises\nwith a different tenant for a fixed term of 6 months. The premises are taken to be\ncontinuously tenanted for the period from 1 January 2024 until the subsequent\nagreement ends.\nlicensed electrician means a person who holds a licence as an\nelectrician under the Construction Occupations (Licensing) Act 2004\nor the law of another jurisdiction.\nrequired area, for premises, means any habitable part of the premises.\n\nPart 3 Minimum housing standards—ceiling insulation standards\nSection 9\npage 16 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrequired ceiling insulation, for the required area of premises,\nmeans—\n(a) any ceiling insulation in a required area that, on the\ncommencement day, has an R-value of 2 or more; or\n(b) for any required area that does not comply with paragraph (a)—\n(i) if the required area does not have existing ceiling\ninsulation—ceiling insulation that has an R-value of 5 or\nmore; or\n(ii) if the required area has existing ceiling insulation batts—\nadditional ceiling insulation batts so that the combined\nR-value of the insulation is 5 or more; or\n(iii) if the required area has existing ceiling insulation that is\nnon-cellulose loose-fill product—additional non-cellulose\nloose-fill product so that the combined R-value of the\ninsulation is 5 or more.\nNote Existing insulation that is cellulose-based loose-fill product\nthat has an R-value of less than 2 must be removed,\nsee s 10 (2) (c).\nR-value means the thermal resistance of the ceiling insulation as\nworked out in accordance with AS 4859.1 (Materials for the thermal\ninsulation of buildings) as in force from time to time.\n(2) In this section:\nlaw of another jurisdiction means a law of the Commonwealth, a\nState or the Northern Territory.\n9 Minimum housing standard for ceiling insulation—Act,\ns 19A (1) (b)\nThe minimum housing standard for ceiling insulation (the ceiling\ninsulation standard) in premises is that the premises have required\nceiling insulation installed in all required areas of the premises.\n\nMinimum housing standards—ceiling insulation standards Part 3\nSection 10\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Installing or upgrading ceiling insulation to comply with\nceiling insulation standard\n(1) This section applies if a lessor is required to install or upgrade ceiling\ninsulation for premises to comply with the ceiling insulation standard.\n(2) The lessor must, on or before the required date—\n(a) ensure that, before any work is undertaken under paragraph (c)\nor (d), a licensed electrician does the following:\n(i) completes an inspection of the premises to identify any\nrequired electrical work;\n(ii) gives the lessor a report (a required electrical work\nreport)—\n(A) stating whether any required electrical work was\nidentified during the inspection; and\n(B) if required electrical work was identified during the\ninspection—that includes details of the required\nelectrical work;\n(iii) completes any required electrical work;\n(iv) if required electrical work is completed—gives the lessor a\nreport (a completed electrical work report) that includes\ndetails of the completed work; and\n(b) before any work is undertaken under paragraph (c) or (d), give\na copy of the required electrical work report and the completed\nelectrical work report to any approved installer who is to\nundertake the work mentioned in paragraph (c) or (d); and\n(c) if any required area has existing lower value insulation—ensure\nthat the lower value insulation is removed by an approved\ninstaller; and\n(d) ensure that required ceiling insulation is installed in the required\narea by an approved installer.\n\nPart 3 Minimum housing standards—ceiling insulation standards\nSection 10\npage 18 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, if the cost of a lessor complying with subsection (2) is\nlikely to be more than $10 000, the lessor is taken to comply with\nsubsection (2) if, on or before the required date, the things mentioned\nin that subsection are done in as many designated rooms as possible\nfor $10 000.\nNote If s (3) applies, the lessor is required to keep records showing the likely\ncost of the work (see s 12 (1) (a)).\n(4) For subsection (3), the cost of complying with subsection (2)—\n(a) includes the cost of—\n(i) any required electrical work; and\n(ii) any other work necessary to ensure the safe and effective\ninstallation of ceiling insulation; but\n(b) does not include the cost of any maintenance work required or\nrecommended to be undertaken even if ceiling insulation was\nnot being installed in the premises.\nExample—par (a)\nchanging a circuit protection rating to allow for the effects of thermal insulation on\nthe wiring system\nExample—par (b)\nreplacing unsafe wiring, repairing rotted or rotting joists\n(5) In this section:\ndesignated rooms means entire rooms likely to be occupied for longer\nperiods.\nExamples—rooms occupied for longer periods\nbedrooms, lounge rooms, living rooms\nelectrical installation—see the Electricity Safety Act 1971,\ndictionary.\nIC-4 rated LED downlighting means light-emitting diode\ndownlighting with an insulation contact rating of 4 in accordance with\nAS 60598.2.2:2001 (Luminaries) as in force from time to time.\n\nMinimum housing standards—ceiling insulation standards Part 3\nSection 10\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nlower value insulation means insulation that—\n(a) has an R-value of less than 2; and\n(b) is—\n(i) foil laminated type product; or\n(ii) cellulose-based loose-fill product.\nrequired date means—\n(a) 30 November 2026 if—\n(i) a residential tenancy agreement (the first agreement) is\nentered into before 1 April 2023; and\n(ii) the premises are continuously tenanted in the period\nbeginning on 1 April 2023 and ending on\n30 November 2026; or\n(b) 9 months after the day the first agreement is entered into if—\n(i) the first agreement is entered into in the period beginning\non 1 April 2023 and ending on 30 June 2026; and\n(ii) the premises are continuously tenanted in the period\nbeginning on the day the first agreement is entered into and\nending 9 months after the first agreement is entered into;\nor\n(c) 3 months after the day the first agreement is entered into if—\n(i) the first agreement is entered into on or after\n1 December 2026; and\n(ii) the premises are continuously tenanted in the period\nbeginning on the day the first agreement is entered into and\nending 3 months after the first agreement is entered into;\nor\n\nPart 3 Minimum housing standards—ceiling insulation standards\nSection 11\npage 20 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if an exemption under section 11 applies to the premises and—\n(i) the exemption stops applying in the period starting on\n1 April 2023 and ending on 30 June 2026—9 months after\nthe day the exemption stops applying; or\n(ii) the exemption stops applying on or after 1 July 2026—\nwithin 3 months after the day the exemption stops\napplying.\nrequired electrical work means—\n(a) if a required area has halogen or other incandescent recessed\ndownlighting—\n(i) removing the downlighting; and\n(ii) installing IC-4 rated LED downlighting in the required\narea; and\n(b) installing a residual current device on any electrical circuit\naffected, or likely to be affected, by the installation of required\nceiling insulation; and\n(c) any other electrical work that is necessary to ensure the electrical\nsafety of an electrical installation affected, or likely to be\naffected, by the installation of required ceiling insulation.\n11 Exemptions from complying with ceiling insulation\nstandard\n(1) Premises are exempt from complying with the ceiling insulation\nstandard in relation to a required area, or part of a required area, if\n1 or more of the following applies:\n(a) ceiling insulation is not able to be installed in a required area for\nstructural reasons;\nExample\nthe roof cavity of a required area is too small to allow required ceiling\ninsulation to be safely installed\n\nMinimum housing standards—ceiling insulation standards Part 3\nSection 11\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the premises are not continuously tenanted in the relevant\nperiod;\n(c) the tenant tells the lessor in writing that the tenant does not want\nceiling insulation installed in the premises;\n(d) for premises that are a unit under the Unit Titles Act 2001—both\nof the following apply:\n(i) the premises are in a building with 2 or more storeys; and\n(ii) the required area is located immediately below another unit\nin the building;\n(e) for premises that are a unit under the Unit Titles Act 2001—both\nof the following apply:\n(i) the premises are on the top storey of a building;\n(ii) the lessor has written confirmation from the owners\ncorporation for the building that the corporation—\n(A) intends to arrange for required ceiling insulation to be\ninstalled in parts of the building, including the\nrequired area of the premises; or\n(B) refuses permission for the lessor to install required\nceiling insulation.\n(f) for premises, or part of premises, registered under the Heritage\nAct 2004—installation of required ceiling insulation in the\nrequired area would, or would be likely to, have a significant\nadverse impact on the heritage significance of the premises;\n(g) before entering into a residential tenancy agreement, the lessor\ntells the tenant in writing that the lessor intends to demolish all\nof the premises, or a substantial part of the premises, within\n2 years after the day the lessor enters into the agreement;\n(h) a residential tenancy agreement is for a fixed term of 12 months\nor less and the tenant is the former owner of the premises.\n\nPart 3 Minimum housing standards—ceiling insulation standards\nSection 12\npage 22 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Minister may determine other reasons for exempting premises\nfrom complying with the ceiling insulation standard.\n(3) A determination is a notifiable instrument.\n(4) In this section:\nrelevant period means the following:\n(a) if a residential tenancy agreement (the first agreement) is\nentered into before 1 April 2023—the period beginning on\n1 April 2023 and ending on 30 November 2026;\n(b) if the first agreement is entered into in the period starting on\n1 April 2023 and ending on 30 November 2026—the period\nbeginning on the day the first agreement is entered into and\nending 9 months after the first agreement is entered into;\n(c) if the first agreement is entered into on or after\n1 December 2026—the period beginning on the day the first\nagreement is entered into and ending 3 months after the first\nagreement is entered into.\n12 Lessor must keep records—Act, s 19C (c)\n(1) A lessor must keep the following records in relation to premises made\navailable for occupation under a residential tenancy agreement:\n(a) if the cost of a lessor complying with section 10 (2) is likely to\nbe more than $10 000—a quote from an approved installer and\na licensed electrician;\n(b) if the lessor is required to obtain a required electrical work report\nunder section 10 (2) (a) (ii)—the report;\n(c) if a licensed electrician completes required electrical work under\nsection 10 (2) (a) (iii)—a certificate of electrical safety;\nNote The Electricity Safety Act 1971 requires a licensed electrician to\nissue a certificate of electrical safety if a new electrical installation\nis installed, or work is done on an existing electrical installation.\n\nMinimum housing standards—ceiling insulation standards Part 3\nSection 13\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) if an exemption under section 11 applies to the premises—the\nfollowing:\n(i) evidence supporting the exemption;\n(ii) for an exemption under section 11 (1) (g)—a statutory\ndeclaration signed by the lessor declaring that the lessor\nintends to demolish all of the premises, or a substantial part\nof the premises, within 2 years after the day the lessor\nenters into the residential tenancy agreement.\nNote It is an offence to make a false or misleading statement, give\nfalse or misleading information or produce a false or\nmisleading document (see Criminal Code, pt 3.4).\n(2) In this section:\nrequired electrical work—see section 10 (5).\nrequired electrical work report—see section 10 (2) (a) (ii).\n13 Approved installers\n(1) The Minister may determine requirements a person must satisfy to\ninstall ceiling insulation for this part.\n(2) A determination may apply, adopt or incorporate a law or instrument,\nor a provision of a law or instrument, as in force from time to time.\n(3) A determination is a notifiable instrument.\n14 Disapplication of Legislation Act, s 47 (5) and (6)\nThe Legislation Act, section 47 (5) and (6) do not apply to an\nAustralian Standard applied, adopted or incorporated under this part.\nNote An Australian Standard applied, adopted or incorporated under this part\ndoes not need to be notified under the Legislation Act because s 47 (5)\nand (6) do not apply (see Legislation Act s 47 (7)). Australian Standards\nmay be purchased at www.standards.org.au. Australian Standards are\nalso available for inspection by members of the public at the National\nLibrary of Australia.\n\nPart 4 Termination of residential tenancy agreements—initiated by tenant for family\nviolence\nSection 15\npage 24 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Termination of residential\ntenancy agreements—initiated by\ntenant for family violence\n15 Competent person declaration—required information—\nAct, s 46I (3)\nThe following information is prescribed:\n(a) the capacity mentioned in section 16 (1) in which the person is\nauthorised to make a competent person declaration;\n(b) either—\n(i) if the person is employed or otherwise engaged by an entity\nmentioned in section 16 (1) (a)—the name of the entity; or\n(ii) in any other case—the person’s name;\n(c) a statement that—\n(i) the person has, in the capacity mentioned in paragraph (a),\nconsulted the tenant, or a dependent child of the tenant; and\n(ii) the tenant, or a dependent child of the tenant, has\nexperienced family violence;\n(d) the date the declaration is made.\n16 Competent person—eligible people—Act, s 46I (4)\n(1) The following people are prescribed:\n(a) anyone employed or otherwise engaged by a not-for-profit entity\nthat receives funding from the Territory to provide a service in\nrelation to any of the following:\n(i) family violence;\n(ii) sexual assault;\n\nTermination of residential tenancy agreements—initiated by tenant for family\nviolence\nPart 4\nSection 16\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) a refuge or other emergency accommodation for people in\ncrisis;\n(iv) children or young people, including their families;\n(b) a health practitioner who practises in any of the following health\nprofessions:\n(i) Aboriginal and Torres Strait Islander health practice;\n(ii) medical;\n(iii) midwifery;\n(iv) nursing;\n(v) psychology;\n(c) an employee of the Territory providing a service in relation to\nchild welfare;\n(d) a person with a social work qualification that provides eligibility\nfor membership of the Australian Association of Social\nWorkers;\n(e) a member of the human rights commission;\n(f) the Aboriginal and Torres Strait Islander children and young\npeople commissioner;\n(g) for a declaration made in relation to a tenant with a dependent\nchild or in relation to the dependent child—a person who is a\nmandated reporter.\n(2) In this section:\nAboriginal and Torres Strait Islander children and young people\ncommissioner means the person appointed as the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nunder the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022, section 10 (1).\n\nPart 4 Termination of residential tenancy agreements—initiated by tenant for family\nviolence\nSection 16\npage 26 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nhealth profession—see the Health Practitioner Regulation National\nLaw (ACT), section 5.\nmandated reporter—see the Children and Young People Act 2008,\nsection 356 (3).\n\nDictionary\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 1AA)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• document\n• entity\n• health practitioner\n• human rights commission\n• in relation to\n• may (see s 146)\n• Minister (see s 162)\n• month\n• must (see s 146)\n• notifiable instrument (see s 10)\n• sign\n• statutory declaration\n• the Territory\n• under.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Residential Tenancies Act 1997. For example, the following terms are\ndefined in the Residential Tenancies Act 1997, dict:\n• consecutive tenancy agreement\n• family violence\n• lessor (see s 5)\n• residential tenancy agreement (see s 6A)\n• tenant (see s 6).\napproved installer, for part 3 (Minimum housing standards—ceiling\ninsulation standards)—see section 8.\nceiling insulation, for part 3 (Minimum housing standards—ceiling\ninsulation standards)—see section 8.\nceiling insulation standard, for part 3 (Minimum housing\nstandards—ceiling insulation standards)—see section 9.\n\nDictionary\npage 28 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncommencement day, for part 3 (Minimum housing standards—\nceiling insulation standards)—see section 8.\ncontinuously tenanted, for a period, , for part 3 (Minimum housing\nstandards—ceiling insulation standards)—see section 8.\nlicensed electrician, for part 3 (Minimum housing standards—ceiling\ninsulation standards)—see section 8.\nrequired area, for premises, for part 3 (Minimum housing\nstandards—ceiling insulation standards)—see section 8.\nrequired ceiling insulation, for part 3 (Minimum housing\nstandards—ceiling insulation standards)—see section 8.\nR-value, for part 3 (Minimum housing standards—ceiling insulation\nstandards)—see section 8.\nunit—see the Unit Titles Act 2001, section 9.\n\nEndnotes\nAbout the endnotes 1\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 30 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Residential Tenancies Regulations. It was\nrenamed under the Legislation Act 2001.\nResidential Tenancies Regulation 1998 SL1998-17\nnotified 28 May 1998 (Gaz 1998 No S146)\ncommenced 25 May 1998 (s 2)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 333\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 333 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nResidential Tenancies Amendment Act 2005 A2005-39 s 28\nnotified LR 31 August 2005\ns 1, s 2 commenced 31 August 2005 (LA s 75 (1))\ns 28 commenced 28 February 2006 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.24\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.24 commenced 22 December 2005 (s 2 (4))\nResidential Tenancies Amendment Regulation 2006 (No 1) SL2006-42\nnotified LR 3 August 2006\ns 1, s 2 commenced 3 August 2006 (LA s 75 (1))\nremainder commenced 4 August 2006 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.45\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.45 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nEndnotes\nLegislation history 3\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nResidential Tenancies Amendment Regulation 2012 (No 1) SL2012-11\nnotified LR 26 March 2012\ns 1, s 2 commenced 26 March 2012 (LA s 75 (1))\nremainder commenced 27 March 2012 (s 2)\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 1 pt 1.4\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 1 pt 1.4 commenced 11 October 2017 (s 2)\nResidential Tenancies Amendment Regulation 2018 (No 1) SL2018-5\nnotified LR 4 May 2018\ns 1, s 2 commenced 4 May 2018 (LA s 75 (1))\nremainder commenced 7 May 2018 (s 2, see Residential Tenancies\nAmendment Act 2017 A2017-32, s 2 (2) and LA s 79)\nResidential Tenancies Amendment Act 2019 A2019-5 pt 3\nnotified LR 4 March 2019\ns 1, s 2 commenced 4 March 2019 (LA s 75 (1))\npt 3 commenced 1 November (s 2 (1) and CN2019-18)\nResidential Tenancies Amendment Act 2020 (No 2) A2020-48 pt 3\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\npt 3 commenced 3 March 2021 (s 2 (1) and LA s 79)\nResidential Tenancies Amendment Regulation 2022 (No 1) SL2022-16\n(rep by SL2023-4 s 4)\nnotified 11 November 2022\ns 1, s 2 commenced 11 November 2022 (LA s 75 (1))\nremainder never commenced\nResidential Tenancies Legislation Amendment Act 2023 (No 1)\nA2023-5 pt 3\nnotified LR 27 March 2023\ns 1, s 2 commenced 27 March 2023 (LA s 75 (1))\npt 3 commenced 1 April 2023 (s 2 (3) and CN2023-1)\n\nEndnotes\n3 Legislation history\npage 32 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nResidential Tenancies Amendment Regulation 2023 (No 1) SL2023-4\nnotified 29 March 2023\ns 1, s 2 commenced 29 March 2023 (LA s 75 (1))\nremainder commenced 1 April 2023 (s 2)\nNote This regulation also repealed the Residential Tenancies\nAmendment Regulation 2022 (No 1) SL2022-16.\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 15\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 15 commenced 12 December 2023 (s 2 (1))\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 pt 9\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\npt 9 commenced 10 December 2024 (s 2 (4) and CN2024-7)\nResidential Tenancies Amendment Regulation 2024 (No 1) SL2024-35\nnotified 9 December 2024\ns 1, s 2 commenced 9 December 2024 (LA s 75 (1))\nss 5-7 commenced 10 December 2024 (s 2 (3) and see Housing and\nConsumer Affairs Legislation Amendment Act 2024 A2024-29, s 2 (4)\nand CN2024-7)\nremainder commenced 9 January 2025 (s 2 (2) (a) and see Housing\nand Consumer Affairs Legislation Amendment Act 2024 A2024-29,\ns 2 (4) and CN2024-7)\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\nsch 1 pt 1.2\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\nsch 1 pt 1.2 commenced 23 February 2026 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nPreliminary\npt 1 hdg ins SL2023-4 s 5\nName of regulation\ns 1 am R1 LA; R2 LA\nDictionary\ns 1AA ins SL2018-5 s 4\nsub SL2023-4 s 6\nNotes\ns 1AB ins SL2023-4 s 6\nGeneral matters\npt 2 hdg ins SL2023-4 s 7\nPrescribed agreement not residential tenancy agreement—Act, s 6D (1) (d)\ns 1A ins SL2012-11 s 4\nAdvertising—required information—Act, s 11A (4), def required information,\npar (f)\ns 1AAA ins SL2024-35 s 4\nLessor’s obligations—information to be disclosed for premises with\nswimming pool—Act, s 12 (3) (l)\ns 1AAB ins SL2024-35 s 4\nam A2026-2 amdt 1.5, amdt 1.6\nSmoke alarms and installation of smoke alarms—Act, s 11B and s 71CB\ns 1B ins A2017-28 amdt 1.8\nsub A2020-48 s 50\nDisapplication of Legislation Act, s 47 (6)\ns 1C ins A2017-28 amdt 1.8\nPrescribed period for depositing bond—Act, s 23 (6)\ns 2 om A2001-44 amdt 1.3667\nins SL2006-42 s 4\nInterpretation\ns 3 om A2001-44 amdt 1.3667\nInterest\ns 4 om A2005-60 amdt 1.131\nAppropriate action under warrant—Act, s 40\ns 4A ins A2005-39 s 28\n\nEndnotes\n4 Amendment history\npage 34 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRental increase threshold—Act, s 64B and s 68\ns 5A ins A2019-5 s 24\nsub A2023-57 s 45\nam A2024-29 ss 109-112\nMinor modification—Act, s 71AA, def minor modification, par (b)\ns 5B ins A2023-5 s 61\nRefusing registration of standard guarantee contract—Act, s 136 (2) (c) (i)\ns 6 om A2008-36 amdt 1.596\nins SL2018-5 s 5\nCommercial guarantee excluded matters—Act, s 136 (2) (c) (ii)\ns 7 om A2008-36 amdt 1.596\nins SL2018-5 s 5\nMinimum housing standards—ceiling insulation standards\npt 3 hdg ins SL2023-4 s 8\nDefinitions—pt 3\ns 8 om A2001-44 amdt 1.3667\nins SL2023-4 s 8\ndef approved installer ins SL2023-4 s 8\ndef ceiling insulation ins SL2023-4 s 8\ndef ceiling insulation standard ins SL2023-4 s 8\ndef commencement day ins SL2023-4 s 8\ndef continuously tenanted ins SL2023-4 s 8\ndef licensed electrician ins SL2023-4 s 8\ndef required area ins SL2023-4 s 8\ndef required ceiling insulation ins SL2023-4 s 8\ndef R-value ins SL2023-4 s 8\nMinimum housing standard for ceiling insulation—Act, s 19A (1) (b)\ns 9 ins SL2023-4 s 8\nInstalling or upgrading ceiling insulation to comply with ceiling insulation\nstandard\ns 10 ins SL2023-4 s 8\nExemptions from complying with ceiling insulation standard\ns 11 ins SL2023-4 s 8\nLessor must keep records—Act, s 19C (c)\ns 12 ins SL2023-4 s 8\nApproved installers\ns 13 ins SL2023-4 s 8\nDisapplication of Legislation Act, s 47 (5) and (6)\ns 14 ins SL2023-4 s 8\n\nEndnotes\nAmendment history 4\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTermination of residential tenancy agreements—initiated by tenant for family\nviolence\npt 4 hdg ins SL2024-35 s 5\nCompetent person declaration—required information—Act, s 46I (3)\ns 15 ins SL2024-35 s 5\nCompetent person—eligible people—Act, s 46I (4)\ns 16 ins SL2024-35 s 5\nTermination notice\nsch om A2001-44 amdt 1.3668\nDictionary\ndict ins SL2023-4 s 9\nam A2024-29 s 113; SL2024-35 s 6, s 7\ndef approved installer ins SL2023-4 s 9\ndef ceiling insulation ins SL2023-4 s 9\ndef ceiling insulation standard ins SL2023-4 s 9\ndef commencement day ins SL2023-4 s 9\ndef continuously tenanted ins SL2023-4 s 9\ndef licensed electrician ins SL2023-4 s 9\ndef required area ins SL2023-4 s 9\ndef required ceiling insulation ins SL2023-4 s 9\ndef R-value ins SL2023-4 s 9\ndef unit ins SL2024-35 s 8\n\nEndnotes\n5 Earlier republications\npage 36 Residential Tenancies Regulation 1998\nEffective: 23/02/26\nR16\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n27 Jun 2002\n27 Jun 2002-\n2 Nov 2004\nA2001-44 amendments by\nA2001-44\nR2\n3 Nov 2004\n3 Nov 2004-\n21 Dec 2005\nA2001-44 editorial\namendments under\nLegislation Act\nR3\n22 Dec 2005\n22 Dec 2005-\n27 Feb 2006\nA2005-60 amendments by\nA2005-60\nR4\n28 Feb 2006\n28 Feb 2006-\n3 Aug 2006\nA2005-60 amendments by\nA2005-39\nR5\n4 Aug 2008\n4 Aug 2008-\n1 Feb 2009\nSL2006-42 amendments by\nSL2006-42\nR6\n2 Feb 2009\n2 Feb 2009–\n26 Mar 2012\nA2008-36 amendments by\nA2008-36\nR7\n27 Mar 2012\n27 Mar 2012–\n10 Sept 2017\nSL2012-11 amendments by\nSL2012-11\nR8\n11 Oct 2017\n11 Oct 2017–\n6 May 2018\nA2017-28 amendments by\nA2017-28\nR9\n7 May 2018\n7 May 2018–\n31 Oct 2019\nSL2018-5 amendments by\nSL2018-5\nR10\n1 Nov 2019\n1 Nov 2019–\n2 Mar 2021\nA2019-5 amendments by\nA2019-5\nR11\n3 Mar 2021\n3 Mar 2021–\n31 Mar 2023\nA2020-48 amendments by\nA2020-48\n\nEndnotes\nEarlier republications 5\nR16\n23/02/26\nResidential Tenancies Regulation 1998\nEffective: 23/02/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n1 Apr 2023\n1 Apr 2023–\n11 Dec 2023\nSL2023-4 amendments by\nA2023-5 and\nSL2023-4\nR13\n12 Dec 2023\n12 Dec 2023–\n9 Dec 2024\nA2023-57 amendments by\nA2023-57\nR14\n10 Dec 2024\n10 Dec 2024–\n8 Jan 2025\nSL2024-35 amendments by\nA2024-29 and\nSL2024-35\nR15\n9 Jan 2025\n9 Jan 2025–\n22 Feb 2026\nSL2024-35 amendments by\nSL2024-35\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"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":6,"scope_assessment":{"changed":true,"description":"The regulation has grown significantly beyond its original 1998 scope. Originally focused on basic procedural matters like bond deposits and termination notices, it now includes substantial technical safety standards (ceiling insulation, smoke alarms, swimming pool compliance), consumer protection measures (rent increase caps, advertising disclosure requirements), family violence protections (Part 4 added in 2024), and complex energy efficiency mandates. The 2023-2024 amendments added entirely new Parts 3 and 4, transforming it from a simple procedural regulation into a comprehensive housing standards and tenant protection instrument."},"complexity_factors":["Multiple cross-references to other ACT laws including the Residential Tenancies Act 1997, Building Act 2004, Unit Titles Act 2001, and Electricity Safety Act 1971","Complex conditional logic for ceiling insulation compliance dates with four different timelines depending on when tenancy agreements start (ss 10(5), 11(4))","Mathematical formula for rental increase thresholds requiring CPI index calculations (s 5A)","Nested definitions and signpost definitions in the dictionary that point to section-specific meanings","Multiple exemptions and exceptions, particularly for ceiling insulation (s 11) with 8 specific exemption categories plus Ministerial discretion","Technical standards incorporated by reference (AS 3786 for smoke alarms, AS 4859.1 for insulation, AS 60598.2.2 for lighting) that are not reproduced in the regulation","Cost cap provisions ($10,000 limit) with partial compliance mechanisms for ceiling insulation (s 10(3))","Specific document requirements for swimming pool safety with different rules depending on construction date (before or after 1 May 2023) and exemption status (s 1AAB)"],"plain_english_summary":"This regulation sets clear, enforceable rules for residential rentals in the ACT—improving safety, transparency and fairness. It requires key pre‑lease disclosures, minimum safety and insulation standards, timely bond lodgement, CPI‑linked rent increases, and special protections for family‑violence survivors (including early lease termination with a competent person’s declaration). It also permits minor tenant modifications, limits commercial bond alternatives, and narrows police trespass powers. Affects renters, landlords, agents and support workers."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The regulation has grown beyond basic tenancy procedural rules into technical building and safety requirements and wider consumer protections. Originally focused on tenancy administration, it now prescribes minimum housing standards that require physical upgrades to properties (a detailed ceiling‑insulation standard with installation, electrical safety and installer‑qualification rules in Part 3: ss 8–14), mandates smoke alarm standards and placement (s 1B), requires specific pool safety documentation for lettings (s 1AAB), specifies advertising disclosures for embedded utility networks (s 1AAA), tightens rules on commercial guarantees (ss 6–7), and adds procedures for family‑violence terminations (ss 15–16). These additions shift the regulation toward enforcing building‑related safety and energy/comfort standards and add substantive compliance costs and technical dependencies (electricians, installers, certificates) that were not part of the regulation’s original, administrative scope."},"complexity_factors":["Multiple new substantive Parts added to the original regulation (notably Part 3 ceiling insulation standards and Part 4 family‑violence termination) with specialised technical and procedural rules.","About 9 new, detailed defined terms introduced for Part 3 (approved installer, ceiling insulation, commencement day, continuously tenanted, licensed electrician, required area, required ceiling insulation, R‑value, required electrical work) plus several other signpost definitions (s 8, dictionary).","Extensive cross‑references to external Acts and Australian Standards (Unit Titles Act 2001, Building Act 2004, Electricity Safety Act 1971, AS 3786, AS 4859.1) increasing dependency on external technical regimes (s 1AAA, s 1AAB, s 1B, s 9, s 14).","Nested conditional timelines and exceptions for compliance (multiple required‑date rules in s 10 with four different timing regimes, exemptions in s 11 with ministerial determination power in s 11(2)).","Technical safety and installation requirements combined with administrative proof requirements (inspection reports, certificates, record keeping in s 10 and s 12).","Monetary threshold and partial compliance rule (fixed $10,000 cap in s 10(3)) that creates calculation and evidentiary obligations (s 12 requires quotes/evidence).","Regulatory discretion and delegated rule‑making powers (Minister determinations and notifiable instruments in ss 11(2), 13(1)–(3)).","Several procedural and consumer‑protection rules affecting different actors (service of notices s 5; bond deposit timeframes s 2; guarantee contract registration ss 6–7; embedded network disclosure s 1AAA).","Nested exclusions and interlocking rules for unit titles and owners corporation permissions (s 11(1)(d)–(e) and s 1AAB notes)."],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Sets detailed rules that sit under the Residential Tenancies Act 1997 about: safety and disclosure for rental properties, minimum ceiling‑insulation requirements, timeframes and processes for certain tenancy actions, and rules about guarantee products used instead of bonds. (See, for example, s 1B, pt 3 (ss 8–14), s 1AAB, ss 6–7.)\n\n- Requires smoke alarms in specified places, to a specified Australian Standard, and describes how they must be installed (s 1B).\n\n- Requires lessors to disclose specific documents when premises have a regulated swimming pool (s 1AAB).\n\n- Prescribes advertising information landlords must give when tenants have limited or no choice of utility provider, including when premises are supplied through an embedded electricity network (s 1AAA).\n\n- Sets time limits for lodging tenant bonds with the Territory (2 or 4 weeks depending on who receives the bond) (s 2).\n\n- Prescribes how termination notices may be served (s 5) and sets the hours during which police may remove a person under a warrant as ‘appropriate’ (s 4A).\n\n- Gives the formula for the rental‑increase threshold tied to the Canberra rents CPI subgroup (s 5A).\n\n- Specifies what counts as a minor tenant modification (planting, compost bin) and where those rules do not apply (s 5B).\n\n- Refuses registration of certain standard guarantee contracts and prevents commercial guarantees containing prescribed matters (ss 6–7).\n\n- Introduces a technical ceiling‑insulation standard that lessors must meet for habitable parts of premises (the “required ceiling insulation”), explains how to upgrade or install it, what electrical checks and work must be done first, sets time limits for compliance and a cost cap trigger for partial compliance, and lists exemptions (Part 3: ss 8–14, esp. s 9–11).\n\n- Prescribes who may make and what must be included in a “competent person” declaration when a tenant ends a tenancy because of family violence (Part 4: ss 15–16).\n\n\nWho is affected\n\n- Lessors (landlords): new and expanded duties — safety installations (smoke alarms), disclosure obligations for pools, ceiling insulation upgrade obligations (including arranging electrical inspections and paying for installation), record keeping (s 12), and limits on the use of commercial guarantees (ss 6–7).\n\n- Tenants: improved disclosure (pool, embedded networks), protections to terminate on family‑violence grounds with prescribed evidence, and specified placement of smoke alarms. Tenants may also be asked to consent to minor works or decline insulation (s 11(1)(c)).\n\n- Approved installers and licensed electricians: technical roles are created or formalised (ss 10, 12, 13).\n\n- Providers of commercial guarantee products: rules and registration refusals limit contract terms they can include (ss 6–7).\n\n- Owners corporations and occupants of units: special rules apply for units (embedded networks, owners corporation permissions, common property exemptions) (s 1AAA, s 11(1)(d)–(e)).\n\n\nWhy it matters (stated purposes and practical effects)\n\n- Stated regulatory aims include tenant safety (smoke alarms, pool safety documentation), clearer consumer information (embedded networks, pool certificates), minimum housing standards (ceiling insulation standard), and protections for tenants experiencing family violence (ss 15–16). These aims are implemented by placing duties on lessors and by prescribing documentary and technical standards.\n\n- Practical effects and incentive structure:\n  - Costs fall mainly on lessors when physical work is required (ceiling insulation, any required electrical work, replacing downlights). The regulation recognises high‑cost cases and allows partial compliance if full compliance would exceed $10,000 (s 10(3)). Lessors must keep evidence and certificates of work (s 12), which increases administrative burden.\n  - Approved installers and licensed electricians gain a stream of work because installations must be done by specified qualified persons and accompanied by reports/certificates (ss 10–13, s 12).\n  - Tenants may receive greater information to make tenancy decisions (pool safety, utilities) but can also be asked to opt out of insulation (s 11(1)(c)).\n  - The ceiling‑insulation rules tie into building and electrical safety regimes and Australian Standards (cross‑references to AS 3786 and AS 4859.1; s 1B, s 9), which imports technical norms and may require inspectors/certifiers.\n\n\nCompliance burden, trade‑offs and implementation risks\n\n- Compliance burden: lessors must arrange electrical inspections, complete required electrical work, engage approved installers, obtain and retain reports and certificates, and meet timelines (s 10, s 12). Agents or lessors who fail to keep records or install required items risk regulatory enforcement. Bond lodging and service rules also impose exact procedural duties (s 2, s 5).\n\n- Cost and distribution: costs are concentrated on property owners/lessors. Tenants face diffuse benefits (information, safety) and potential indirect costs if lessors increase rent to recover capital works. The regulation eases very large costs by allowing a 'do as much as possible for $10,000' partial compliance rule (s 10(3)).\n\n- Trade‑offs: improving insulation and safety requires upfront capital and may trigger other upgrade costs (electrical work, replacement of certain light fittings). The law excludes certain replacement/maintenance costs from the $10,000 calculation (s 10(4)(b)), so lessors still bear some ancillary costs.\n\n- Implementation risk: the rules rely on cross‑agency standards and certificates (building and electrical law, owners corporation permissions). Where owners corporations or heritage constraints block work, the regulation provides exemptions (s 11(1)(d)–(f)), but that shifts complexity to proving exemptions and keeping records (s 12).\n\n\nDecision‑makers and who enforces or decides discretion\n\n- The Minister may make determinations (eg. additional exemption reasons or installer requirements) that are notifiable instruments (s 11(2), s 13(1)–(3)).\n\n- The commissioner refuses registration of standard guarantee contracts where contracts contain prohibited terms (s 6); the commissioner may consult relevant expert entities in making that decision (s 6(2)).\n\n- Licensed electricians and approved installers carry out inspections and work; electricians must provide safety certificates (s 10(2)(a)(iii)–(iv), s 12(1)(c)).\n\n\nConcentrated benefits, diffuse costs, and potential for capture or substitution effects\n\n- Concentrated benefits: tradespeople and installers (licensed electricians, approved installers) will benefit from mandated work; providers of certified inspection services may see increased demand (s 10, s 12, s 13).\n\n- Diffuse costs: tenants generally benefit from safety/disclosure but the cost of compliance is concentrated on lessors and may be recouped via higher rents.\n\n- Substitution/unintended effects: exemptions, owners‑corporation refusals, or tenants declining insulation may lead to uneven uptake. There is a risk of cost being shifted to tenants indirectly. The partial compliance rule (s 10(3)) limits immediate exposure for lessors but may delay full coverage.\n\n\nKey provisions to look at (by section)\n\n- Smoke alarms and installation details: s 1B (and disapplication of Legislation Act notice rules for the standard s 1C).\n- Pool disclosure documents a lessor must provide: s 1AAB.\n- Embedded networks / advertising disclosures: s 1AAA.\n- Bond deposit timeframes: s 2.\n- Rental increase threshold formula: s 5A.\n- Ceiling insulation standard, installation process, required electrical checks, exemptions and record keeping: ss 8–13 (esp. s 9, s 10, s 11, s 12).\n- Competent person declaration and eligible people for family‑violence termination: ss 15–16.\n\n\nOfficial rationale vs costs and trade‑offs\n\n- The regulation’s mechanisms implement stated goals of safety, disclosure and minimum housing standards (see s 1B, s 1AAB, pt 3, pt 4). Those mechanisms create legally enforceable duties that transfer direct costs to lessors while creating administrative burdens (reports, certificates, records). The regulation also builds in targeted relief (exemptions, a $10,000 practical cap for partial compliance) to limit disproportionate burden where costs would be very high (s 10(3), s 11).\n\n- Where the regulation borrows technical standards (AS 3786, AS 4859.1) and cross‑refers to building and electrical laws, it relies on external technical regimes for implementation; this reduces prescription in the regulation but increases dependence on those other regulatory and market systems for compliance and enforcement (s 1B, s 9, s 14)."}},"importantCases":[],"_links":{"self":"/api/acts/residential-tenancies-regulation-1998","history":"/api/acts/residential-tenancies-regulation-1998/history","analysis":"/api/acts/residential-tenancies-regulation-1998/analysis","conflicts":"/api/acts/residential-tenancies-regulation-1998/conflicts","importantCases":"/api/acts/residential-tenancies-regulation-1998/important-cases","documents":"/api/acts/residential-tenancies-regulation-1998/documents"}}