Residential Tenancies Regulation 1998 (ACT)

This Regulation implements, clarifies and prescribes detailed operational rules that sit under the Residential Tenancies Act 1997 (the Act) for the Australian Capital Territory. It does not restate the Act, it supplies mandatory technical requirements, timeframes, definitions and documentary obligations that determine behaviour and compliance risk for lessors, tenants, agents, guarantee providers, installers and certain regulated professionals.

Mechanically the Regulation:

Prescribes particular agreements that are not “residential tenancy agreements” under the Act (a Territory sublease-style arrangement with a specified exit payment formula, s 1A).
Specifies mandatory advertising disclosures for units where tenants have no or limited choice of utility provider (embedded networks, s 1AAA).
Prescribes documents lessors must supply where a regulated swimming pool is on the premises (types of certificates and the maximum age for a certificate of occupancy, s 1AAB).
Sets technical and locational requirements for smoke alarms (must comply with AS 3786, be functional and installed on or near the ceiling; placement rules by storey and near bedrooms, s 1B), and requires public access to the referenced Standard (director-general to make AS 3786 available for inspection, s 1C(2)).
Fixes the statutory deadlines for lodging bond money with the Territory depending on whether the tenant paid the lessor or the lessor’s agent (2 weeks or 4 weeks, s 2).
Prescribes appropriate times for police to remove a person under a warrant (ordinary hours and exceptional circumstances, s 4A).
Sets service rules for termination notices (personal delivery, left at or sent by prepaid post to last-known residence/business/address for service; corporations served at head/registered/principal office, s 5).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Residential Tenancies Regulation 1998 SL1998-17 made under the Residential Tenancies Act 1997 Republication No 16 Effective: 23 February 2026 Republication date: 23 February 2026 Last amendment made by A2026-2

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Residential Tenancies Regulation 1998, made under the Residential Tenancies Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 February 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Residential Tenancies Regulation 1998 made under the Residential Tenancies Act 1997 Contents Page Part 1 Preliminary 1 Name of regulation 2 1AA Dictionary 2 1AB Notes 2 Part 2 General matters 1A Prescribed agreement not residential tenancy agreement— Act, s 6D (1) (d) 3 1AAA Advertising—required information—Act, s 11A (4), def required information, par (f) 4 1AAB Lessor’s obligations—information to be disclosed for premises with swimming pool—Act, s 12 (3) (l) 5

Contents Page contents 2 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1B Smoke alarms and installation of smoke alarms—Act, s 11B and s 71CB 7 1C Disapplication of Legislation Act, s 47 (6) 8 2 Prescribed period for depositing bond—Act, s 23 (6) 8 4A Appropriate action under warrant—Act, s 40 9 5 Service of termination notice 9 5A Rental increase threshold—Act, s 64B and s 68 10 5B Minor modification—Act, s 71AA, def minor modification, par (b) 11 6 Refusing registration of standard guarantee contract— Act, s 136 (2) (c) (i) 12 7 Commercial guarantee excluded matters—Act, s 136 (2) (c) (ii) 14 Part 3 Minimum housing standards—ceiling insulation standards 8 Definitions—pt 3 15 9 Minimum housing standard for ceiling insulation—Act, s 19A (1) (b) 16 10 Installing or upgrading ceiling insulation to comply with ceiling insulation standard 17 11 Exemptions from complying with ceiling insulation standard 20 12 Lessor must keep records—Act, s 19C (c) 22 13 Approved installers 23 14 Disapplication of Legislation Act, s 47 (5) and (6) 23 Part 4 Termination of residential tenancy agreements—initiated by tenant for family violence 15 Competent person declaration—required information—Act, s 46I (3) 24 16 Competent person—eligible people—Act, s 46I (4) 24 Dictionary 27 Endnotes 1 About the endnotes 29 2 Abbreviation key 29 3 Legislation history 30

Contents Page R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history 33 5 Earlier republications 36

R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Residential Tenancies Regulation 1998 made under the Residential Tenancies Act 1997

Part 1 Preliminary Section 1 page 2 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Residential Tenancies Regulation 1998. 1AA Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘approved installer, for part 3 (Minimum insulation standard for ceilings)—see section 8.’ means that the term ‘approved installer’ is defined in that section for part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 1AB Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

General matters Part 2 Section 1A R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 General matters 1A Prescribed agreement not residential tenancy agreement—Act, s 6D (1) (d) (1) An agreement relating to the occupation of premises is a prescribed agreement if— (a) the agreement is between the Territory (the lessor) and a person (the lessee); and (b) the agreement includes a term that makes the lessor liable to pay the lessee, on the date of effect, an exit payment calculated in accordance with the following formula: sublease consideration + (market value at exit − market value at entry 2 ) (2) In this section: date of effect means the date of effect stated in the agreement. market value, of premises, means a valuation of the premises as if— (a) the land relating to the premises were subject to a units plan under the Unit Titles Act 2001; and (b) the rights and obligations mentioned in the agreement were rights and obligations in relation to a unit within a units plan under the Unit Titles Act 2001. market value at entry means the market value of the premises to which the agreement relates on the day the lessee pays the sublease consideration. market value at exit means the market value of the premises to which the agreement relates on the date of effect. sublease consideration means the sublease consideration stated in the agreement.

Part 2 General matters Section 1AAA page 4 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1AAA Advertising—required information—Act, s 11A (4), def required information, par (f) (1) This section applies to premises if— (a) the premises are a unit; and (b) either or both of the following apply: (i) for an electricity service supplied to the premises— the electricity service is part of an embedded network; (ii) for any utility service supplied to the premises—a tenant has no or limited choice of service provider for the utility service; and Example A units plan has a centralised hot water system and each unit in the units plan has a hot water meter. A tenant in a unit in the units plan cannot choose a service provider for the supply of electricity used to heat the water before it is provided to the unit. (c) the tenant is responsible for paying any cost incurred for their use of the utility service. (2) The following information is prescribed: (a) if an electricity service supplied to the premises is part of an embedded network—that fact; (b) if a tenant has no or limited choice of service provider for a utility service supplied to the premises—the kind of utility service. (3) In this section: embedded network means an embedded network under the national electricity rules, chapter 10 (Glossary).

General matters Part 2 Section 1AAB R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au national electricity rules means the National Electricity Rules under the National Electricity (ACT) Law. Note 1 The national electricity rules are accessible at www.aemc.gov.au. Note 2 The Electricity (National Scheme) Act 1997, s 5 applies the National Electricity Law set out in the National Electricity (South Australia) Act 1996 (SA), schedule as if it were an ACT law called the National Electricity (ACT) Law. utility services—see the Unit Titles Act 2001, dictionary. Note Utility services includes electricity services (see Unit Titles Act 2001, dict, def utility services, par (e)). 1AAB Lessor’s obligations—information to be disclosed for premises with swimming pool—Act, s 12 (3) (l) (1) This section applies to premises on which a regulated swimming pool is located. (2) However, this section does not apply to a unit in a units plan if the regulated swimming pool is located on the common property for the units plan. (3) If the regulated swimming pool was built before 1 May 2023— the following documents are prescribed: (a) a copy of the guidance material notified under the Building Act 2004, section 83H (Guidance about obligations on owners); (b) if the pool has been granted a Ministerial exemption from the safety standards— (i) the exemption certificate in force for the pool; and (ii) if the pool is exempt from only part of the safety standards—a compliance status certificate for the pool to the extent that it is not exempt from the standards;

Part 2 General matters Section 1AAB page 6 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if the pool is not a pool to which paragraph (b) applies—any of the following: (i) a swimming pool disclosure statement for the premises that are the subject of the proposed residential tenancy agreement; (ii) a compliance status certificate for the pool; (iii) a certificate of occupancy for the pool and safety barrier. (4) If the regulated swimming pool was built or substantially altered on or after 1 May 2023—any 1 of the following documents is prescribed: (a) a swimming pool disclosure statement for the premises that are the subject of the proposed residential tenancy agreement; (b) a compliance status certificate for the pool; (c) a certificate of occupancy for the pool and safety barrier. (5) A certificate of occupancy mentioned in subsections (3) (c) (iii) and (4) (c) must not be older than 5 years. Note For premises that are a unit in a units plan with a regulated swimming pool located on the common property for the units plan, the documents prescribed by s (3) and s (4) must be included in a unit title rental certificate given to a tenant by the lessor (see Act, s 12 (3) (k)). (6) In this section: certificate of occupancy—see the Building Act 2004, dictionary. common property—see the Unit Titles Act 2001, section 13. compliance status certificate, for a regulated swimming pool—see the Building Act 2004, section 83K (1). exemption certificate, for a regulated swimming pool— see the Building Act 2004, section 83D (6). Ministerial exemption—see the Building Act 2004, section 83 (1).

General matters Part 2 Section 1B R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au regulated swimming pool—see the Building Act 2004, section 83B (1). safety barrier, for a regulated swimming pool—see the Building Act 2004, section 83 (1). substantially altered—see the Building Act 2004, section 83L (2). swimming pool disclosure statement—see the Civil Law (Sale of Residential Property) Regulation 2004, section 10B (3). units plan—see the Unit Titles Act 2001, dictionary. 1B Smoke alarms and installation of smoke alarms— Act, s 11B and s 71CB (1) A smoke alarm installed in, or for, premises subject to a residential tenancy or an occupancy agreement— (a) must— (i) comply with AS 3786; and (ii) be functional; and (iii) be installed on or near the ceiling; and (b) may be— (i) battery-operated; or (ii) hard-wired. Note AS 3786 requires a hard-wired smoke alarm to also have a secondary power source. (2) A smoke alarm must be installed in, or for, premises subject to a residential tenancy agreement or an occupancy agreement— (a) in each storey of the premises containing a bedroom— (i) in every corridor or hallway associated with a bedroom; and

Part 2 General matters Section 1C page 8 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if there is no corridor or hallway—between each part of the premises containing a bedroom and the remainder of the premises; and (b) in each storey of the premises not containing a bedroom. Note Other requirements may apply in relation to the installation of smoke alarms, for example, requirements under the Building Act 2004. (3) If premises under an occupancy agreement is a bedroom or part of a bedroom, for subsection (2) (a) and (b), a reference to premises means the building in which the premises are located. (4) In this section: AS 3786 means Australian Standard AS 3786 (Smoke alarms using scattered light, transmitted light or ionization) as in force from time to time. 1C Disapplication of Legislation Act, s 47 (6) (1) The Legislation Act, section 47 (6) does not apply to AS 3786 under section 1B. Note AS 3786 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standard may be purchased at www.standards.org.au. (2) However, the director-general must make a copy of AS 3786 available for inspection by members of the public during ordinary business hours at a place decided by the director-general. 2 Prescribed period for depositing bond—Act, s 23 (6) The period within which the amount of the bond must be deposited with the Territory is— (a) if the tenant pays the bond to the lessor, the period that ends 2 weeks after the later of the following: (i) the day the bond is paid;

General matters Part 2 Section 4A R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the day the tenancy commences; or (b) if the tenant pays the bond to the lessor’s agent, the period that ends 4 weeks after the later of the days mentioned in paragraph (a). 4A Appropriate action under warrant—Act, s 40 It is appropriate for a police officer to physically remove a person from premises— (a) between 8 am and 6 pm from Monday to Thursday, other than on a public holiday; or (b) if authorised by the warrant in exceptional circumstances—at any time. 5 Service of termination notice For the Act, section 58 (1) (b) and section 59 (1) (b) a termination notice must be served— (a) on an individual— (i) by delivering it to the person personally; or (ii) by leaving it at, or sending it by prepaid post to, the address of the place of residence or business of the person last known to the person serving the document; or (iii) by leaving it at, or sending it by prepaid post to, the address for service provided by the person under the Residential Tenancies Act 1997, schedule 1 (Standard residential tenancy terms), clause 98; or (b) on a corporation—by leaving it at, or sending it by prepaid post to, the head office, a registered office or a principal office of the corporation.

Part 2 General matters Section 5A page 10 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5A Rental increase threshold—Act, s 64B and s 68 (1) The prescribed amount is worked out as follows: 1.1 × current rental rate × current index number – initial index number initial index number (2) In this section: current index number means the most recently published index number when the lessor gives the tenant notice of the proposed rental rate increase. current rental rate, for premises under a residential tenancy agreement, means— (a) for a proposed consecutive tenancy agreement—the most recent rental rate for the premises under a terminating or terminated residential tenancy agreement; or (b) in any other case—the most recent rental rate for the premises under the residential tenancy agreement. index number means the rents subgroup of the housing group of the Consumer Price Index for Canberra published from time to time by the Australian statistician. initial index number means the most recently published index number on— (a) for a proposed consecutive tenancy agreement— (i) if the rental rate has not been increased under a terminating or terminated residential tenancy agreement—the day the original tenancy agreement started; or (ii) if the rental rate has been increased under a terminating or terminated residential tenancy agreement—the day the lessor gave the tenant notice of the most recent increase; or

General matters Part 2 Section 5B R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for an existing consecutive tenancy agreement— (i) if the rental rate has not been increased under the existing agreement or a terminated residential tenancy agreement— the day the original tenancy agreement started; or (ii) if the rental rate has been increased under the existing agreement or a terminated residential tenancy agreement— the day the lessor gave the tenant notice of the most recent increase; or (c) in any other case— (i) if the rental rate has not been increased under the residential tenancy agreement—the day the agreement started; or (ii) if the rental rate has been increased under the residential tenancy agreement—the day the lessor gave the tenant notice of the most recent increase. original tenancy agreement, for premises under an existing consecutive tenancy agreement or for which there is a proposed consecutive tenancy agreement, means the residential tenancy agreement that started immediately after the lessor last had possession of the premises. 5B Minor modification—Act, s 71AA, def minor modification, par (b) (1) The following are minor modifications to premises under a residential tenancy agreement: (a) planting vegetables, fruit, flowers, herbs or shrubs if— (i) existing vegetation or plants do not need to be removed; and (ii) for shrubs—the shrubs will not grow to more than 2m in height;

Part 2 General matters Section 6 page 12 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) installing or placing a composting tumbler or composting bin if existing vegetation or plants do not need to be removed. (2) However, subsection (1) does not apply— (a) to any common property of a class A unit or class B unit; or (b) to a balcony of a class A unit; or (c) if the minor modification contravenes a rule of the owners corporation and the owners corporation has not given permission for the modification. (3) In this section: class A unit—see the Unit Titles Act 2001, section 10. class B unit—see the Unit Titles Act 2001, section 11. common property—see the Unit Titles Act 2001, section 13. owners corporation—see the Unit Titles (Management) Act 2011, dictionary. rule, for an owners corporation—see the Unit Titles (Management) Act 2011, dictionary. 6 Refusing registration of standard guarantee contract— Act, s 136 (2) (c) (i) (1) The commissioner must refuse to register a standard guarantee contract if the contract— (a) allows a tenant or lessor to subrogate the party’s rights or remedies to another party; or (b) allows the provider to be party to a tenancy dispute; or (c) allows the provider to recover an amount from the tenant that could not be deducted from a bond under the Act, section 31; or

General matters Part 2 Section 6 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) allows the provider to recover an amount from the tenant without— (i) the tenant’s consent; or (ii) an ACAT order, following an application by the lessor, to the effect that the tenant is liable for the amount; or (e) allows a provider to approve or otherwise influence a decision of the lessor in relation to a residential tenancy agreement, including a tenancy dispute; or (f) prohibits a tenant from terminating the contract without the consent of the other parties if the relevant residential tenancy agreement ends; or (g) otherwise gives the provider or lessor under a commercial guarantee any right or remedy against the tenant that the lessor would not have if the lessor had not accepted a guarantee in addition to or in place of a bond. Note Standard guarantee contract—see the Act, s 102. (2) In making a decision under subsection (1), the commissioner may consult with any entity that has expertise in residential tenancy matters. Example an entity representing residential tenants or lessors (3) In this section: provider means a party to a commercial guarantee that is not a lessor or tenant.

Part 2 General matters Section 7 page 14 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Commercial guarantee excluded matters—Act, s 136 (2) (c) (ii) A commercial guarantee must not include a term that has the effect of doing any of the things mentioned in section 6 (1). Note 1 A commercial guarantee is void to the extent it includes a matter that must be excluded (see Act, s 16 (5)). Note 2 Commercial guarantee—see the Act, s 102.

Minimum housing standards—ceiling insulation standards Part 3 Section 8 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Minimum housing standards— ceiling insulation standards 8 Definitions—pt 3 (1) In this part: approved installer means a person who satisfies the requirements determined under section 13. ceiling insulation means insulation intended to be used in ceiling spaces in residential premises. ceiling insulation standard—see section 9. commencement day means 1 April 2023. continuously tenanted, for a period, means premises are occupied for the period by— (a) a tenant under a residential tenancy agreement; and (b) a tenant, including a different tenant to the tenant mentioned in paragraph (a), under any subsequent residential tenancy agreement. Example—continuously tenanted A lessor enters into a residential tenancy agreement on 1 January 2024 for a fixed term of 6 months. The lessor enters into a subsequent agreement for the premises with a different tenant for a fixed term of 6 months. The premises are taken to be continuously tenanted for the period from 1 January 2024 until the subsequent agreement ends. licensed electrician means a person who holds a licence as an electrician under the Construction Occupations (Licensing) Act 2004 or the law of another jurisdiction. required area, for premises, means any habitable part of the premises.

Part 3 Minimum housing standards—ceiling insulation standards Section 9 page 16 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au required ceiling insulation, for the required area of premises, means— (a) any ceiling insulation in a required area that, on the commencement day, has an R-value of 2 or more; or (b) for any required area that does not comply with paragraph (a)— (i) if the required area does not have existing ceiling insulation—ceiling insulation that has an R-value of 5 or more; or (ii) if the required area has existing ceiling insulation batts— additional ceiling insulation batts so that the combined R-value of the insulation is 5 or more; or (iii) if the required area has existing ceiling insulation that is non-cellulose loose-fill product—additional non-cellulose loose-fill product so that the combined R-value of the insulation is 5 or more. Note Existing insulation that is cellulose-based loose-fill product that has an R-value of less than 2 must be removed, see s 10 (2) (c). R-value means the thermal resistance of the ceiling insulation as worked out in accordance with AS 4859.1 (Materials for the thermal insulation of buildings) as in force from time to time. (2) In this section: law of another jurisdiction means a law of the Commonwealth, a State or the Northern Territory. 9 Minimum housing standard for ceiling insulation—Act, s 19A (1) (b) The minimum housing standard for ceiling insulation (the ceiling insulation standard) in premises is that the premises have required ceiling insulation installed in all required areas of the premises.

Minimum housing standards—ceiling insulation standards Part 3 Section 10 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Installing or upgrading ceiling insulation to comply with ceiling insulation standard (1) This section applies if a lessor is required to install or upgrade ceiling insulation for premises to comply with the ceiling insulation standard. (2) The lessor must, on or before the required date— (a) ensure that, before any work is undertaken under paragraph (c) or (d), a licensed electrician does the following: (i) completes an inspection of the premises to identify any required electrical work; (ii) gives the lessor a report (a required electrical work report)— (A) stating whether any required electrical work was identified during the inspection; and (B) if required electrical work was identified during the inspection—that includes details of the required electrical work; (iii) completes any required electrical work; (iv) if required electrical work is completed—gives the lessor a report (a completed electrical work report) that includes details of the completed work; and (b) before any work is undertaken under paragraph (c) or (d), give a copy of the required electrical work report and the completed electrical work report to any approved installer who is to undertake the work mentioned in paragraph (c) or (d); and (c) if any required area has existing lower value insulation—ensure that the lower value insulation is removed by an approved installer; and (d) ensure that required ceiling insulation is installed in the required area by an approved installer.

Part 3 Minimum housing standards—ceiling insulation standards Section 10 page 18 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) However, if the cost of a lessor complying with subsection (2) is likely to be more than $10 000, the lessor is taken to comply with subsection (2) if, on or before the required date, the things mentioned in that subsection are done in as many designated rooms as possible for $10 000. Note If s (3) applies, the lessor is required to keep records showing the likely cost of the work (see s 12 (1) (a)). (4) For subsection (3), the cost of complying with subsection (2)— (a) includes the cost of— (i) any required electrical work; and (ii) any other work necessary to ensure the safe and effective installation of ceiling insulation; but (b) does not include the cost of any maintenance work required or recommended to be undertaken even if ceiling insulation was not being installed in the premises. Example—par (a) changing a circuit protection rating to allow for the effects of thermal insulation on the wiring system Example—par (b) replacing unsafe wiring, repairing rotted or rotting joists (5) In this section: designated rooms means entire rooms likely to be occupied for longer periods. Examples—rooms occupied for longer periods bedrooms, lounge rooms, living rooms electrical installation—see the Electricity Safety Act 1971, dictionary. IC-4 rated LED downlighting means light-emitting diode downlighting with an insulation contact rating of 4 in accordance with AS 60598.2.2:2001 (Luminaries) as in force from time to time.

Minimum housing standards—ceiling insulation standards Part 3 Section 10 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au lower value insulation means insulation that— (a) has an R-value of less than 2; and (b) is— (i) foil laminated type product; or (ii) cellulose-based loose-fill product. required date means— (a) 30 November 2026 if— (i) a residential tenancy agreement (the first agreement) is entered into before 1 April 2023; and (ii) the premises are continuously tenanted in the period beginning on 1 April 2023 and ending on 30 November 2026; or (b) 9 months after the day the first agreement is entered into if— (i) the first agreement is entered into in the period beginning on 1 April 2023 and ending on 30 June 2026; and (ii) the premises are continuously tenanted in the period beginning on the day the first agreement is entered into and ending 9 months after the first agreement is entered into; or (c) 3 months after the day the first agreement is entered into if— (i) the first agreement is entered into on or after 1 December 2026; and (ii) the premises are continuously tenanted in the period beginning on the day the first agreement is entered into and ending 3 months after the first agreement is entered into; or

Part 3 Minimum housing standards—ceiling insulation standards Section 11 page 20 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if an exemption under section 11 applies to the premises and— (i) the exemption stops applying in the period starting on 1 April 2023 and ending on 30 June 2026—9 months after the day the exemption stops applying; or (ii) the exemption stops applying on or after 1 July 2026— within 3 months after the day the exemption stops applying. required electrical work means— (a) if a required area has halogen or other incandescent recessed downlighting— (i) removing the downlighting; and (ii) installing IC-4 rated LED downlighting in the required area; and (b) installing a residual current device on any electrical circuit affected, or likely to be affected, by the installation of required ceiling insulation; and (c) any other electrical work that is necessary to ensure the electrical safety of an electrical installation affected, or likely to be affected, by the installation of required ceiling insulation. 11 Exemptions from complying with ceiling insulation standard (1) Premises are exempt from complying with the ceiling insulation standard in relation to a required area, or part of a required area, if 1 or more of the following applies: (a) ceiling insulation is not able to be installed in a required area for structural reasons; Example the roof cavity of a required area is too small to allow required ceiling insulation to be safely installed

Minimum housing standards—ceiling insulation standards Part 3 Section 11 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the premises are not continuously tenanted in the relevant period; (c) the tenant tells the lessor in writing that the tenant does not want ceiling insulation installed in the premises; (d) for premises that are a unit under the Unit Titles Act 2001—both of the following apply: (i) the premises are in a building with 2 or more storeys; and (ii) the required area is located immediately below another unit in the building; (e) for premises that are a unit under the Unit Titles Act 2001—both of the following apply: (i) the premises are on the top storey of a building; (ii) the lessor has written confirmation from the owners corporation for the building that the corporation— (A) intends to arrange for required ceiling insulation to be installed in parts of the building, including the required area of the premises; or (B) refuses permission for the lessor to install required ceiling insulation. (f) for premises, or part of premises, registered under the Heritage Act 2004—installation of required ceiling insulation in the required area would, or would be likely to, have a significant adverse impact on the heritage significance of the premises; (g) before entering into a residential tenancy agreement, the lessor tells the tenant in writing that the lessor intends to demolish all of the premises, or a substantial part of the premises, within 2 years after the day the lessor enters into the agreement; (h) a residential tenancy agreement is for a fixed term of 12 months or less and the tenant is the former owner of the premises.

Part 3 Minimum housing standards—ceiling insulation standards Section 12 page 22 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The Minister may determine other reasons for exempting premises from complying with the ceiling insulation standard. (3) A determination is a notifiable instrument. (4) In this section: relevant period means the following: (a) if a residential tenancy agreement (the first agreement) is entered into before 1 April 2023—the period beginning on 1 April 2023 and ending on 30 November 2026; (b) if the first agreement is entered into in the period starting on 1 April 2023 and ending on 30 November 2026—the period beginning on the day the first agreement is entered into and ending 9 months after the first agreement is entered into; (c) if the first agreement is entered into on or after 1 December 2026—the period beginning on the day the first agreement is entered into and ending 3 months after the first agreement is entered into. 12 Lessor must keep records—Act, s 19C (c) (1) A lessor must keep the following records in relation to premises made available for occupation under a residential tenancy agreement: (a) if the cost of a lessor complying with section 10 (2) is likely to be more than $10 000—a quote from an approved installer and a licensed electrician; (b) if the lessor is required to obtain a required electrical work report under section 10 (2) (a) (ii)—the report; (c) if a licensed electrician completes required electrical work under section 10 (2) (a) (iii)—a certificate of electrical safety; Note The Electricity Safety Act 1971 requires a licensed electrician to issue a certificate of electrical safety if a new electrical installation is installed, or work is done on an existing electrical installation.

Minimum housing standards—ceiling insulation standards Part 3 Section 13 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if an exemption under section 11 applies to the premises—the following: (i) evidence supporting the exemption; (ii) for an exemption under section 11 (1) (g)—a statutory declaration signed by the lessor declaring that the lessor intends to demolish all of the premises, or a substantial part of the premises, within 2 years after the day the lessor enters into the residential tenancy agreement. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). (2) In this section: required electrical work—see section 10 (5). required electrical work report—see section 10 (2) (a) (ii). 13 Approved installers (1) The Minister may determine requirements a person must satisfy to install ceiling insulation for this part. (2) A determination may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time. (3) A determination is a notifiable instrument. 14 Disapplication of Legislation Act, s 47 (5) and (6) The Legislation Act, section 47 (5) and (6) do not apply to an Australian Standard applied, adopted or incorporated under this part. Note An Australian Standard applied, adopted or incorporated under this part does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act s 47 (7)). Australian Standards may be purchased at www.standards.org.au. Australian Standards are also available for inspection by members of the public at the National Library of Australia.

Part 4 Termination of residential tenancy agreements—initiated by tenant for family violence Section 15 page 24 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Termination of residential tenancy agreements—initiated by tenant for family violence 15 Competent person declaration—required information— Act, s 46I (3) The following information is prescribed: (a) the capacity mentioned in section 16 (1) in which the person is authorised to make a competent person declaration; (b) either— (i) if the person is employed or otherwise engaged by an entity mentioned in section 16 (1) (a)—the name of the entity; or (ii) in any other case—the person’s name; (c) a statement that— (i) the person has, in the capacity mentioned in paragraph (a), consulted the tenant, or a dependent child of the tenant; and (ii) the tenant, or a dependent child of the tenant, has experienced family violence; (d) the date the declaration is made. 16 Competent person—eligible people—Act, s 46I (4) (1) The following people are prescribed: (a) anyone employed or otherwise engaged by a not-for-profit entity that receives funding from the Territory to provide a service in relation to any of the following: (i) family violence; (ii) sexual assault;

Termination of residential tenancy agreements—initiated by tenant for family violence Part 4 Section 16 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) a refuge or other emergency accommodation for people in crisis; (iv) children or young people, including their families; (b) a health practitioner who practises in any of the following health professions: (i) Aboriginal and Torres Strait Islander health practice; (ii) medical; (iii) midwifery; (iv) nursing; (v) psychology; (c) an employee of the Territory providing a service in relation to child welfare; (d) a person with a social work qualification that provides eligibility for membership of the Australian Association of Social Workers; (e) a member of the human rights commission; (f) the Aboriginal and Torres Strait Islander children and young people commissioner; (g) for a declaration made in relation to a tenant with a dependent child or in relation to the dependent child—a person who is a mandated reporter. (2) In this section: Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10 (1).

Part 4 Termination of residential tenancy agreements—initiated by tenant for family violence Section 16 page 26 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au health profession—see the Health Practitioner Regulation National Law (ACT), section 5. mandated reporter—see the Children and Young People Act 2008, section 356 (3).

Dictionary R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 1AA) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • document • entity • health practitioner • human rights commission • in relation to • may (see s 146) • Minister (see s 162) • month • must (see s 146) • notifiable instrument (see s 10) • sign • statutory declaration • the Territory • under. Note 2 Terms used in this regulation have the same meaning that they have in the Residential Tenancies Act 1997. For example, the following terms are defined in the Residential Tenancies Act 1997, dict: • consecutive tenancy agreement • family violence • lessor (see s 5) • residential tenancy agreement (see s 6A) • tenant (see s 6). approved installer, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. ceiling insulation, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. ceiling insulation standard, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 9.

Dictionary page 28 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au commencement day, for part 3 (Minimum housing standards— ceiling insulation standards)—see section 8. continuously tenanted, for a period, , for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. licensed electrician, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. required area, for premises, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. required ceiling insulation, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. R-value, for part 3 (Minimum housing standards—ceiling insulation standards)—see section 8. unit—see the Unit Titles Act 2001, section 9.

Endnotes About the endnotes 1 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 30 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Residential Tenancies Regulations. It was renamed under the Legislation Act 2001. Residential Tenancies Regulation 1998 SL1998-17 notified 28 May 1998 (Gaz 1998 No S146) commenced 25 May 1998 (s 2) as amended by Legislation (Consequential Amendments) Act 2001 A2001-44 pt 333 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 333 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Residential Tenancies Amendment Act 2005 A2005-39 s 28 notified LR 31 August 2005 s 1, s 2 commenced 31 August 2005 (LA s 75 (1)) s 28 commenced 28 February 2006 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.24 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.24 commenced 22 December 2005 (s 2 (4)) Residential Tenancies Amendment Regulation 2006 (No 1) SL2006-42 notified LR 3 August 2006 s 1, s 2 commenced 3 August 2006 (LA s 75 (1)) remainder commenced 4 August 2006 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.45 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.45 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Endnotes Legislation history 3 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Residential Tenancies Amendment Regulation 2012 (No 1) SL2012-11 notified LR 26 March 2012 s 1, s 2 commenced 26 March 2012 (LA s 75 (1)) remainder commenced 27 March 2012 (s 2) Statute Law Amendment Act 2017 (No 2) A2017-28 sch 1 pt 1.4 notified LR 27 September 2017 s 1, s 2 commenced 27 September 2017 (LA s 75 (1)) sch 1 pt 1.4 commenced 11 October 2017 (s 2) Residential Tenancies Amendment Regulation 2018 (No 1) SL2018-5 notified LR 4 May 2018 s 1, s 2 commenced 4 May 2018 (LA s 75 (1)) remainder commenced 7 May 2018 (s 2, see Residential Tenancies Amendment Act 2017 A2017-32, s 2 (2) and LA s 79) Residential Tenancies Amendment Act 2019 A2019-5 pt 3 notified LR 4 March 2019 s 1, s 2 commenced 4 March 2019 (LA s 75 (1)) pt 3 commenced 1 November (s 2 (1) and CN2019-18) Residential Tenancies Amendment Act 2020 (No 2) A2020-48 pt 3 notified LR 3 September 2020 s 1, s 2 commenced 3 September 2020 (LA s 75 (1)) pt 3 commenced 3 March 2021 (s 2 (1) and LA s 79) Residential Tenancies Amendment Regulation 2022 (No 1) SL2022-16 (rep by SL2023-4 s 4) notified 11 November 2022 s 1, s 2 commenced 11 November 2022 (LA s 75 (1)) remainder never commenced Residential Tenancies Legislation Amendment Act 2023 (No 1) A2023-5 pt 3 notified LR 27 March 2023 s 1, s 2 commenced 27 March 2023 (LA s 75 (1)) pt 3 commenced 1 April 2023 (s 2 (3) and CN2023-1)

Endnotes 3 Legislation history page 32 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Residential Tenancies Amendment Regulation 2023 (No 1) SL2023-4 notified 29 March 2023 s 1, s 2 commenced 29 March 2023 (LA s 75 (1)) remainder commenced 1 April 2023 (s 2) Note This regulation also repealed the Residential Tenancies Amendment Regulation 2022 (No 1) SL2022-16. Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 15 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) pt 15 commenced 12 December 2023 (s 2 (1)) Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29 pt 9 notified LR 9 July 2024 s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2)) pt 9 commenced 10 December 2024 (s 2 (4) and CN2024-7) Residential Tenancies Amendment Regulation 2024 (No 1) SL2024-35 notified 9 December 2024 s 1, s 2 commenced 9 December 2024 (LA s 75 (1)) ss 5-7 commenced 10 December 2024 (s 2 (3) and see Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29, s 2 (4) and CN2024-7) remainder commenced 9 January 2025 (s 2 (2) (a) and see Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29, s 2 (4) and CN2024-7) Building and Construction Legislation Amendment Act 2026 A2026-2 sch 1 pt 1.2 notified LR 16 February 2026 s 1, s 2 commenced 16 February 2026 (LA s 75 (1)) sch 1 pt 1.2 commenced 23 February 2026 (s 2 (1))

Endnotes Amendment history 4 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Preliminary pt 1 hdg ins SL2023-4 s 5 Name of regulation s 1 am R1 LA; R2 LA Dictionary s 1AA ins SL2018-5 s 4 sub SL2023-4 s 6 Notes s 1AB ins SL2023-4 s 6 General matters pt 2 hdg ins SL2023-4 s 7 Prescribed agreement not residential tenancy agreement—Act, s 6D (1) (d) s 1A ins SL2012-11 s 4 Advertising—required information—Act, s 11A (4), def required information, par (f) s 1AAA ins SL2024-35 s 4 Lessor’s obligations—information to be disclosed for premises with swimming pool—Act, s 12 (3) (l) s 1AAB ins SL2024-35 s 4 am A2026-2 amdt 1.5, amdt 1.6 Smoke alarms and installation of smoke alarms—Act, s 11B and s 71CB s 1B ins A2017-28 amdt 1.8 sub A2020-48 s 50 Disapplication of Legislation Act, s 47 (6) s 1C ins A2017-28 amdt 1.8 Prescribed period for depositing bond—Act, s 23 (6) s 2 om A2001-44 amdt 1.3667 ins SL2006-42 s 4 Interpretation s 3 om A2001-44 amdt 1.3667 Interest s 4 om A2005-60 amdt 1.131 Appropriate action under warrant—Act, s 40 s 4A ins A2005-39 s 28

Endnotes 4 Amendment history page 34 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Rental increase threshold—Act, s 64B and s 68 s 5A ins A2019-5 s 24 sub A2023-57 s 45 am A2024-29 ss 109-112 Minor modification—Act, s 71AA, def minor modification, par (b) s 5B ins A2023-5 s 61 Refusing registration of standard guarantee contract—Act, s 136 (2) (c) (i) s 6 om A2008-36 amdt 1.596 ins SL2018-5 s 5 Commercial guarantee excluded matters—Act, s 136 (2) (c) (ii) s 7 om A2008-36 amdt 1.596 ins SL2018-5 s 5 Minimum housing standards—ceiling insulation standards pt 3 hdg ins SL2023-4 s 8 Definitions—pt 3 s 8 om A2001-44 amdt 1.3667 ins SL2023-4 s 8 def approved installer ins SL2023-4 s 8 def ceiling insulation ins SL2023-4 s 8 def ceiling insulation standard ins SL2023-4 s 8 def commencement day ins SL2023-4 s 8 def continuously tenanted ins SL2023-4 s 8 def licensed electrician ins SL2023-4 s 8 def required area ins SL2023-4 s 8 def required ceiling insulation ins SL2023-4 s 8 def R-value ins SL2023-4 s 8 Minimum housing standard for ceiling insulation—Act, s 19A (1) (b) s 9 ins SL2023-4 s 8 Installing or upgrading ceiling insulation to comply with ceiling insulation standard s 10 ins SL2023-4 s 8 Exemptions from complying with ceiling insulation standard s 11 ins SL2023-4 s 8 Lessor must keep records—Act, s 19C (c) s 12 ins SL2023-4 s 8 Approved installers s 13 ins SL2023-4 s 8 Disapplication of Legislation Act, s 47 (5) and (6) s 14 ins SL2023-4 s 8

Endnotes Amendment history 4 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Termination of residential tenancy agreements—initiated by tenant for family violence pt 4 hdg ins SL2024-35 s 5 Competent person declaration—required information—Act, s 46I (3) s 15 ins SL2024-35 s 5 Competent person—eligible people—Act, s 46I (4) s 16 ins SL2024-35 s 5 Termination notice sch om A2001-44 amdt 1.3668 Dictionary dict ins SL2023-4 s 9 am A2024-29 s 113; SL2024-35 s 6, s 7 def approved installer ins SL2023-4 s 9 def ceiling insulation ins SL2023-4 s 9 def ceiling insulation standard ins SL2023-4 s 9 def commencement day ins SL2023-4 s 9 def continuously tenanted ins SL2023-4 s 9 def licensed electrician ins SL2023-4 s 9 def required area ins SL2023-4 s 9 def required ceiling insulation ins SL2023-4 s 9 def R-value ins SL2023-4 s 9 def unit ins SL2024-35 s 8

Endnotes 5 Earlier republications page 36 Residential Tenancies Regulation 1998 Effective: 23/02/26 R16 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 27 Jun 2002 27 Jun 2002- 2 Nov 2004 A2001-44 amendments by A2001-44 R2 3 Nov 2004 3 Nov 2004- 21 Dec 2005 A2001-44 editorial amendments under Legislation Act R3 22 Dec 2005 22 Dec 2005- 27 Feb 2006 A2005-60 amendments by A2005-60 R4 28 Feb 2006 28 Feb 2006- 3 Aug 2006 A2005-60 amendments by A2005-39 R5 4 Aug 2008 4 Aug 2008- 1 Feb 2009 SL2006-42 amendments by SL2006-42 R6 2 Feb 2009 2 Feb 2009– 26 Mar 2012 A2008-36 amendments by A2008-36 R7 27 Mar 2012 27 Mar 2012– 10 Sept 2017 SL2012-11 amendments by SL2012-11 R8 11 Oct 2017 11 Oct 2017– 6 May 2018 A2017-28 amendments by A2017-28 R9 7 May 2018 7 May 2018– 31 Oct 2019 SL2018-5 amendments by SL2018-5 R10 1 Nov 2019 1 Nov 2019– 2 Mar 2021 A2019-5 amendments by A2019-5 R11 3 Mar 2021 3 Mar 2021– 31 Mar 2023 A2020-48 amendments by A2020-48

Endnotes Earlier republications 5 R16 23/02/26 Residential Tenancies Regulation 1998 Effective: 23/02/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 1 Apr 2023 1 Apr 2023– 11 Dec 2023 SL2023-4 amendments by A2023-5 and SL2023-4 R13 12 Dec 2023 12 Dec 2023– 9 Dec 2024 A2023-57 amendments by A2023-57 R14 10 Dec 2024 10 Dec 2024– 8 Jan 2025 SL2024-35 amendments by A2024-29 and SL2024-35 R15 9 Jan 2025 9 Jan 2025– 22 Feb 2026 SL2024-35 amendments by SL2024-35 © Australian Capital Territory 2026

The Regulation is organised around a set of practical regulatory building blocks: prescribed exclusions, required disclosures, product and installation technical standards, procedural deadlines, documentary obligations and limits on guarantee terms.

Key concepts and their legal mechanics:

Prescribed agreement not a residential tenancy agreement (s 1A): An agreement between the Territory as lessor and a lessee that contains an exit payment calculated by a formula (sublease consideration + (market value at exit − market value at entry)/2) is declared a “prescribed agreement” and so not governed as a residential tenancy agreement under the Act. The Regulation defines “market value” for these purposes as valuation assuming a units plan under the Unit Titles Act 2001 (s 1A(2)).
Required information in advertising for units (s 1AAA): Where a unit is supplied by an embedded electricity network or where the tenant has no or limited choice of utility provider, an advertisement must state that fact and the kind of utility service affected (s 1AAA(2)). The provision points to the national electricity rules definition of “embedded network”.
Swimming pool disclosure package (s 1AAB): For premises with a regulated swimming pool the Regulation prescribes which pool-related documents must be provided to prospective tenants before a tenancy, distinguishing pools built before 1 May 2023 from those built or substantially altered on or after that date (s 1AAB(3)-(4)). A certificate of occupancy cannot be older than five years (s 1AAB(5)). For units with a pool on common property these documents must appear in the unit title rental certificate under the Act (note to s 1AAB(5)).
Smoke alarm technical and locational standard (s 1B) and public access to Standard (s 1C): Smoke alarms must comply with AS 3786, be functional, and be installed on or near the ceiling, with specified placement per storey and bedroom-related corridors/hallways (s 1B(1)-(2)). The Legislation Act notification requirement for that Standard is disapplied (s 1C(1)), but the director-general must make a copy available for public inspection (s 1C(2)).
Bond deposit timing (s 2): Mechanically, the tenant’s bond must be deposited with the Territory within two weeks if paid directly to the lessor, or within four weeks if paid to the lessor’s agent (s 2).
Termination notices service rules (s 5): Provides the permitted methods and addresses for serving termination notices under the Act (s 5).
Rental increase threshold formula (s 5A): Sets the prescribed amount formula using the rents subgroup of the CPI for Canberra; defines “current index number”, “initial index number” and “current rental rate” to operationalise the Act’s threshold tests (s 5A).
Minor modifications (s 5B): Prescribes certain low-impact tenant works , specific planting and certain composting devices , as minor modifications but carves out common property, balconies of class A units and modifications contrary to owners corporation rules (s 5B).
Guarantees (ss 6-7): The commissioner must refuse to register a standard guarantee contract that, among other things, allows subrogation, entitles the provider to participate in tenancy disputes, allows recovery of amounts that cannot be taken from bond, allows recovery without tenant consent or ACAT order, permits the provider to influence lessor decisions, or imposes rights or remedies against tenants beyond what the lessor would otherwise have (s 6(1)(a)-(g)). Commercial guarantees must exclude those matters (s 7).
Ceiling insulation minimum standard and compliance pathway (Pt 3, ss 8-14): Part 3 defines required ceiling insulation levels by R-value thresholds (required ceiling insulation is R5 for areas without existing insulation, R5 combined where existing insulation <R5, and retains existing insulation where R≥2; existing cellulose-based loose-fill with R<2 must be removed, s 8 and s 9). It requires pre-work electrician inspection and completion of required electrical work, removal of “lower value insulation” (foil laminated or cellulose-based loose-fill below R2) by an approved installer and installation of required insulation by an approved installer (s 10). The lessor’s compliance deadline depends on when the tenancy started and whether premises are continuously tenanted (the “required date” rules in s 10(5)). Exemptions are enumerated (structural impossibility, not continuously tenanted, tenant refusal in writing, specific unit-title building circumstances, heritage registration, short fixed-term leases where tenant is former owner, or demolition intended within two years provided lessor gave written notice) and the Minister can add further reasons (s 11). Lessor record-keeping obligations are set out in s 12 and the Minister may determine approved installer requirements by notifiable instrument (s 13).
Family violence termination competent person (Pt 4, ss 15-16): The Regulation prescribes the required information in a competent person declaration and lists the categories of people who can make such a declaration (employees of funded not-for-profits working in family violence or related services, health practitioners in specified professions, Territory child welfare employees, social workers with AASW-eligible qualifications, members of the human rights commission, the Aboriginal and Torres Strait Islander children and young people commissioner, and mandated reporters for child-related declarations, ss 15-16).

These concepts are defined tightly, with cross-references to other laws (Unit Titles Act 2001, Building Act 2004, Electricity Safety Act 1971, national electricity rules, Health Practitioner Regulation National Law (ACT), Children and Young People Act 2008) and to Australian Standards applied by reference.

The Regulation creates obligations and decision nodes that fall on several distinct actors. For each actor, this section sets out who pays, who decides and what behaviour is required or restricted.

Lessor (owner/landlord)

Pays: cost of installing/upgrading required ceiling insulation and any required electrical work necessary to ensure safe installation (s 10(2)-(4)). If estimated cost exceeds $10,000, the lessor may limit works to as many “designated rooms” as possible for $10,000 but must keep records showing likely cost (s 10(3); s 12(1)(a)).
Decides/records: must arrange licensed electrician inspection and any required electrical work before insulation installation (s 10(2)(a)); must provide required electrical work reports and completed electrical work reports to approved installers (s 10(2)(b)); must retain quotes and certificates and evidence supporting exemptions (s 12).
Behaviour: must comply with smoke alarm installation rules (s 1B), provide prescribed pool documents before tenancy (s 1AAB), make required advertising disclosures (s 1AAA), deposit bond funds with the Territory within statutory deadlines (s 2), and comply with insulation standards by the prescribed “required date” unless exempt (s 9-10).

Tenant

Pays: may be responsible for utility costs and therefore receives advertising disclosure where tenant has no choice of provider (s 1AAA(1)(c)). Tenants may be asked to give written refusal of insulation installation (s 11(1)(c)) which, if given, creates an exemption.
Decides: tenants can decline insulation in writing (s 11(1)(c)). Tenants initiating termination for family violence rely on competent person declarations provided by prescribed persons (ss 15-16).
Behaviour: must be served with accurate pre-contract disclosures (swimming pool/pool safety documents, s 1AAB) and must be notified of rent increases using the CPI subgroup formula where relevant (s 5A).

Lessor’s agent

Pays/decides: if the bond is paid to an agent, the later deposit deadline applies (four weeks, s 2). Agents must ensure service addresses and contacts are used for termination notices (s 5).

Approved installers and licensed electricians

Decides/does: licensed electricians must inspect and complete any required electrical work and provide required reports (s 10(2)(a)). Approved installers must remove lower value insulation and install required ceiling insulation (s 10(2)(c)-(d)). The Minister determines requirements to become an approved installer (s 13), and those requirements will be a notifiable instrument (s 13(3)).
Pays/records: installers and electricians will generate reports and certificates that lessors must retain (s 12).

Providers of guarantees/insurance and the commissioner

Decides: the commissioner must refuse to register a standard guarantee contract that contains specified prohibited terms (s 6(1)). Guarantee providers must avoid contract clauses that permit subrogation, provider participation in disputes, recovery without tenant consent or ACAT order, or other rights exceeding those of a lessor (s 6(1)(a)-(g); s 7).
Behaviour: commercial guarantee terms that engage excluded matters are void to the extent they do so; providers must draft guarantees within the allowed envelope.

Owners corporations (unit title bodies)

Decides: may refuse permission for a lessor to install insulation in top-storey units, which creates an exemption for the lessor (s 11(1)(e)(ii)); for pools on common property, pool documents sit in unit title rental certificates and thus owners corporation records affect disclosure obligations (s 1AAB note).
Behaviour: owners corporation rules can displace the minor modification permission in s 5B.

Minister and director-general

Decides: the Minister may determine further insulation exemptions (s 11(2)) and the requirements for approved installers (s 13(1)). Both are notifiable instruments (s 11(3); s 13(3)). The director-general is required to make AS 3786 available for public inspection (s 1C(2)).
Behaviour: exercise of these discretions will generate additional binding details (approved installer criteria, any further exemptions) via notifiable instruments.

Policing and enforcement authorities

Decides/does: police may physically remove persons under a warrant in ordinary hours Monday-Thursday 8 am-6 pm, or at any time in exceptional circumstances authorised by the warrant (s 4A). Other enforcement mechanisms are situated in the Act.

Other affected parties

Health practitioners, social workers, certain not-for-profit employees and mandated reporters are authorised to provide competent person declarations for family violence termination purposes (ss 15-16).
Businesses supplying insulation, electricians and installers will face demand, certification requirements and compliance records as occupiers approach required dates.

The Regulation therefore places compliance cost and operational risk primarily on lessors and their service providers (electricians, approved installers), and places documentary and disclosure duties on lessors and guarantee providers. Tenants’ choices are affected via exemptions and by being asked to accept or refuse certain interventions (written refusal for insulation, s 11(1)(c)).

This section lists principal substantive duties created or clarified by the Regulation and the concurrent rights or opt-outs it recognises.

Duties on lessors and agents

Bond deposit: deposit bond with the Territory within two weeks of the later of bond payment or tenancy commencement if tenant paid lessor; four weeks if paid to the agent (s 2).
Pre-tenancy swimming pool disclosure: provide prescribed pool-related documents before tenancy where a regulated pool is on the premises, treating differently pools built before 1 May 2023 and those built or substantially altered thereafter (s 1AAB(3)-(4)); certificate of occupancy must be no older than five years (s 1AAB(5)).
Advertising disclosure: where unit tenants face embedded networks or no/limited choice of utility provider, advertisements must state these facts and identify the kind of service (s 1AAA(1)-(2)).
Smoke alarms: ensure smoke alarms comply with AS 3786, are functional and located per s 1B(2) (each storey containing a bedroom: in corridors or between bedroom-containing parts and remainder; each storey not containing a bedroom: one installed), and be battery-operated or hard-wired (s 1B(1)-(2)).
Insulation standard compliance: ensure required ceiling insulation is installed in all required areas by the relevant required date (s 9-10). Before installers work, a licensed electrician must inspect, identify required electrical work, complete that work and provide reports (s 10(2)(a)-(b)). Remove lower value insulation and install R5-equivalent insulation as required (s 10(2)(c)-(d)).
Record-keeping: keep quotes and reports if cost likely >$10,000, keep required electrical work reports and certificates of electrical safety and evidence supporting any exemption relied upon (s 12).
Guarantees: avoid standard or commercial guarantee contract terms prohibited by s 6(1) and s 7; the commissioner is required to refuse registration where those terms appear (s 6(1)).

Rights and exemptions recognised

Tenant written refusal: a tenant may in writing refuse insulation installation; that refusal creates an exemption (s 11(1)(c)).
Unit-title and owners corporation constraints: lessors are exempt from installing insulation where the unit’s structure or owners corporation arrangements place the required area immediately below another unit or where the owners corporation either intends to arrange building-wide insulation or refuses permission (s 11(1)(d)-(e)).
Heritage, imminent demolition and short fixed-term leases involving former owners: specified exemptions cover heritage-listed premises, lessors who gave pre-tenancy demolition notice within two years, and leases of 12 months or less where the tenant is the former owner (s 11(1)(f)-(h)).
Partial compliance where costs exceed $10,000: if complying with the full insulation obligation would cost more than $10,000, the lessor complies by doing as much as possible for $10,000 across “designated rooms” and must keep records evidencing likely costs (s 10(3); s 12(1)(a)).
Competent person declarations: tenants terminating for family violence can rely on declarations made by a prescribed class of persons (ss 15-16) which is a right of procedural access to the Act’s family-violence termination pathway.

Operational and technical duties on trades and professionals

Electricians must inspect, identify and perform required electrical work, and provide reports and certificates of electrical safety where they undertake required work (s 10(2)(a); s 12(1)(c) and note).
Approved installers must remove lower value insulation and install required ceiling insulation (s 10(2)(c)-(d)), but the requirements for who qualifies as an approved installer will be set by Ministerial determination (s 13).

Administrative duties on Minister and regulator

Minister may make notifiable instruments to set approved installer requirements (s 13) and to add insulation exemptions (s 11(2)).
Commissioner must refuse registration of standard guarantee contracts containing specified prohibited provisions (s 6(1)) and may consult experts in doing so (s 6(2)).

Other rights/duties

Service of termination notices must follow the routes in s 5; police removal times are prescribed in s 4A.

These duties are expressed as mandatory requirements in the Regulation. Non-compliance will engage enforcement under the Act and, for false documents or statements in record-keeping contexts, offences in the Criminal Code (s 12 note).

The Regulation itself sets out primarily procedural and technical duties; it does not generally attach discrete fines within the text to each contravention. Enforcement and penalty mechanics are a mixture of cross-references to other Acts, administrative decisions and criminal provisions referenced in notes.

Penalty unit values and consequence mechanics

At the republication date the Regulation records the penalty unit values that apply to offences against this law: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133, noted in the republication preamble). The Regulation does not list discrete penalty amounts per breach; where the Act prescribes offences for contraventions of regulatory duties, penalty units will apply.
False or misleading statements or production of false documents in the context of lessor records is identified as an offence under the Criminal Code (note to s 12(1)), and those offences have their own prescribed penalties in the Criminal Code.

Administrative enforcement

Commissioner powers: the commissioner has registration authority over standard guarantee contracts and must refuse to register contracts containing prohibited terms (s 6(1)). This is an administrative control rather than a criminal sanction; the practical enforcement effect is denial of a registration pathway for contract providers.
Voidness: commercial guarantees are void to the extent they include excluded matters (s 7 note). Voidness can be relied on in private dispute resolution and ACAT proceedings and removes enforceability of the offending clause.
ACAT and Act enforcement: the Regulation repeatedly references duties required “for the Act” (for example record-keeping “Act, s 19C(c)”, pool disclosure obligations “Act, s 12(3)(l)”), which indicates enforcement and remedies for breaches will be pursued under the Act’s mechanisms (including, where relevant, orders in ACAT and statutory remedies). The Regulation itself does not restate ACAT processes; users must read the Act for enforcement pathways.

Criminal and public-safety enforcement

Police powers: s 4A prescribes times for physical removal under a warrant. That provision constrains when and in what circumstances police may be expected to exercise forcible removal and documents what the Regulation treats as “appropriate action”.
Electrical safety: electricians must issue certificates of electrical safety when work is done on an electrical installation per the Electricity Safety Act 1971 (s 12 note referencing that Act). Non-compliance with electrical safety obligations will engage the relevant electrical safety law and its enforcement regime.
Building and pool safety: swimming pool disclosure obligations link to documents under the Building Act 2004 (s 1AAB). Enforcement of safety standards and compliance certificates is likely to be by Building Act mechanisms where relevant.

Practical enforcement points

Registrations refused by the commissioner (s 6) and commercial guarantees void to the extent of prohibited content (s 7) are immediate legal consequences that affect contract enforceability and the ability to operate guarantee schemes.
Record-keeping obligations (s 12) create evidentiary files that regulators, ACAT and criminal investigators may require; false documentation is specifically called out as criminal.
Where the Minister issues notifiable instruments under ss 11 and 13, those instruments create enforceable regulatory requirements (not merely guidance) once made, and will be enforceable like other subordinate instruments.

Implementation and litigation risk

The Regulation creates numerous items where factual assessments will be material to enforcement , for example, whether a premises is “continuously tenanted” for a period (s 8), whether insulation is “lower value insulation” requiring removal (s 10 definitions), or whether an owners corporation’s refusal or intention creates an exemption (s 11(1)(e)). Those factual assessments are likely to be the focus of disputes to be resolved administratively or in ACAT, rather than in criminal courts, absent false documentation.

The Regulation operates by cross-reference and incorporation; it depends on and interacts with a suite of other ACT and national laws, standards and instruments.

Primary legislative interactions

Residential Tenancies Act 1997: the Regulation is made under this Act and gives effect to numerous Act provisions (frequent cross-references throughout the Regulation, e.g., advertising , Act, s 11A; lessor disclosure obligations , Act, s 12; minimum housing standard , Act, s 19A; family violence termination , Act, s 46I; guarantees , Act, s 136).
Building Act 2004: pool-related prescriptions reference definitions and certificates in the Building Act (s 1AAB cross-references certificate of occupancy, compliance status certificate, Ministerial exemption, regulated swimming pool and safety barrier under the Building Act , ss 83, 83D, 83H, 83K). Pool safety documentation is sourced under the Building Act.
Unit Titles Act 2001: “unit”, “units plan”, common property and unit title rental certificates are used in multiple places (advertising obligations s 1AAA; pool disclosure exception for common property s 1AAB(2) and note; exemptions for insulation regarding units in multistorey buildings s 11(1)(d)-(e); definitions cross-referenced).
Electricity Safety Act 1971: the Regulation signals electricians must issue certificates of electrical safety when completing required electrical work (s 12 note), and the meaning of “electrical installation” is adopted for required electrical work in s 10(5).
National Electricity Rules and National Electricity (ACT) Law: “embedded network” in advertising disclosure is defined by reference to the national electricity rules and the National Electricity (ACT) Law applies the national law as ACT law (s 1AAA and notes).
Legislation Act 2001: the Regulation disapplies notification requirements for AS 3786 and for Australian Standards applied under Part 3 (ss 1C and 14) and records the director-general’s duty to make the Standard available for inspection (s 1C(2)). The disapplication means those Standards do not require separate notification under the Legislation Act.
Construction Occupations (Licensing) Act 2004: the term “licensed electrician” points to licensing under that Act for persons carrying out required electrical work (s 8).
Health Practitioner Regulation National Law (ACT): defines “health profession” for s 16 (competent person eligibility).
Children and Young People Act 2008: “mandated reporter” definition referenced in s 16(1)(g) for competent person declarations.
Criminal Code: falsity and misleading statement offences are flagged in the note to s 12(1), bringing the Criminal Code’s enforcement to bear where false documents are produced.

Standards and notifiable instruments

AS 3786 (Smoke alarms) and AS 4859.1 (R-value work method): the Regulation requires compliance with Australian Standards and R-value calculations to be done in accordance with AS 4859.1 (s 9 definitions) and AS 3786 (s 1B(1)), and disapplies the Legislation Act notification rules for those Standards in ss 1C and 14 while directing that a copy be available for inspection (s 1C(2)).
Ministerial determinations and notifiable instruments: the Minister has power to make notifiable instruments determining approved installer requirements (s 13(1)-(3)) and other insulation exemptions (s 11(2)-(3)). Those instruments will bind and interact with the Regulation once made.

Practical cross-cutting effects and compliance layering

Building safety and tenancy duties overlap: pool safety documentation under the Building Act is integrated into tenancy disclosure obligations (s 1AAB). Where a lessor fails to provide the prescribed documents, remedies under the Act and enforcement under the Building Act could both be relevant.
Electrical safety and tenancy obligations are linked: before insulation installation a licensed electrician must inspect and carry out required electrical work and provide certificates (ss 10(2)(a) and 12(1)(c)); failure implicates the Electricity Safety Act and tenancy obligations simultaneously.
Owners corporation and unit-title governance can block or shift obligations: owners corporation refusals or building-wide insulation plans create a lessor exemption for individual units (s 11(1)(e)), shifting responsibility to the owners corporation.
Consumer protection and guarantee registration: the commissioner’s registration power for standard guarantees (s 6) sits alongside Act rules on bonds and ACAT dispute resolution; guarantee providers must structure contracts to avoid clauses that would be void under s 7.

Those cross-references mean compliance requires operators to run an integrated regulatory checklist across tenancy law, building law, electrical safety, unit-title governance, and national electricity rules.

The Regulation is an active subordinate instrument with a history of staged amendments that reflect incremental policy additions and the insertion of new regulatory topics. The endnotes in the republication provide a complete trace; below is a selective, source-grounded timeline of key mechanical amendments and their operational effect.

1998-2017: foundational instrument and housekeeping

The Regulation was originally made in 1998 (Residential Tenancies Regulation 1998 SL1998-17, notified 28 May 1998, commenced 25 May 1998, Endnotes Legislation history). Early amendments updated the Regulation as the Act and administrative structures evolved (Legislation (Consequential Amendments) Act 2001 A2001-44 and subsequent changes recorded in endnotes).

2017-2020: smoke alarm and other safety updates

Smoke alarm and related disapplication provisions were inserted by A2017-28 (s 1B and s 1C ins A2017-28 amdt 1.8; the text shows s 1B and s 1C were inserted under that Act). The 2017 insertion established AS 3786 as the compliance Standard and set locational requirements for alarms.
Subsequent amendments in 2020 substituted earlier provisions and kept the smoke alarm requirement as a central safety rule (s 1B sub A2020-48 s 50).

2018: guarantees and registration rules

Provisions dealing with refusing registration of standard guarantee contracts and excluded matters for commercial guarantees were inserted by SL2018-5 (ss 6-7 ins SL2018-5 s 5). Those provisions established administrative controls over guarantee content and set out forbidden contractual terms.

2019-2021: rental increase threshold and related calculations

The Rental increase threshold formula was added by A2019-5 s 24 and later amended by A2023-57 and A2024-29 (see amendment history notes for s 5A). The Regulation now prescribes the CPI rents subgroup for Canberra for index calculation and defines current/initial index numbers and current rental rate (s 5A). The amendment history records substitutions and updates to how the initial index number is determined.

2023: Part 3 ceiling insulation standard inserted

SL2023-4 (Residential Tenancies Amendment Regulation 2023 (No 1)) inserted Part 3 (definitions and the ceiling insulation standard) and associated sections (ss 8-14) effective 1 April 2023 (Legislation history notes R12 and R13). This is a major structural addition creating technical insulation duties, electrical inspection preconditions, R-value requirements, exemptions, record-keeping requirements and a Ministerial power to set approved installer criteria.

2023-2024: minor modifications, family violence and other changes

SL2023-4 also reformatted the Regulation and added definitions. The Residential Tenancies Legislation Amendment Act 2023 (A2023-5) includes related changes.
Changes in 2024 introduced Part 4 on termination initiated by tenants for family violence, inserting ss 15-16 prescribing information and eligible competent persons (SL2024-35 ins ss 5; see endnotes and amendment history).
Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29 amended the rental increase threshold provisions and updated the dictionary definitions (amendment history s 5A and dict).

2024-2026: pool disclosure and units, Building and Construction Legislation Amendment

Residential Tenancies Amendment Regulation 2024 (No 1) SL2024-35 inserted s 1AAA (advertising) and s 1AAB (swimming pool disclosures), and added Part 4 (family violence termination declarations). These provisions took effect in late 2024 and early 2025 (endnotes R14-R15).
Building and Construction Legislation Amendment Act 2026 A2026-2 made amendments affecting the Regulation recorded in the endnotes; sch 1 pt 1.2 commenced 23 February 2026 (Legislation history). The republication is effective 23 February 2026 and expressly incorporates the 2026 amendment.

Form and instrument status

Notifiable instruments: Ministerial determinations under ss 11 and 13 must be made as notifiable instruments (ss 11(3), 13(3)). The Legislation Act disapplication provisions for Australian Standards (ss 1C and 14) were themselves introduced by past amending Acts and remain in force.
Editorial amendments: the Parliamentary Counsel has made editorial changes in republications; endnotes note that editorial changes do not change the law’s effect but have been used to align drafting with current practice (About this republication).

In short, the Regulation has been progressively expanded from a set of technical tenancy rules to include: safety regulation (smoke alarms), consumer and disclosure obligations (pools and embedded networks), guarantee registration constraints, and an energy/efficiency-focused ceiling insulation standard with associated safety and record-keeping layers.

The text of the Regulation and its endnotes do not cite any court or tribunal decisions; no cases are named in this instrument. The Regulation itself is primarily prescriptive and creates points of factual assessment and administrative decision-making that are likely to prompt dispute in practice, even though no litigation narrative appears in the instrument.

Source-grounded potential dispute loci (areas where enforcement or interpretation disputes are likely to arise)

Definition-driven disputes: s 8 defines “continuously tenanted”, “required ceiling insulation”, “required area” and “lower value insulation”. Disagreements over whether premises were “continuously tenanted” across a specified period will determine when the lessor’s “required date” is triggered (s 10(5)). Determination of R-values and whether existing insulation qualifies as R≥2 or R5 combined will drive contested outcomes.
Factual discretion and documentary sufficiency: s 12 imposes record-keeping obligations and the Regulation notes false statements are offences under the Criminal Code. Disputes may arise over whether lessors kept adequate evidence to rely on s 10(3) partial compliance where costs exceeded $10,000, with contested valuations and cost estimates.
Owners corporation and unit-title interfaces: s 11(1)(e) grants exemptions where the owners corporation either intends to arrange building-wide insulation or refuses permission. Conflicts may arise between lessors and owners corporations about whether such an intention exists or whether refusal was properly recorded, and those disputes could involve interpretation of owners corporation rules under the Unit Titles (Management) Act 2011.
Guarantee registration and enforceability: s 6 requires the commissioner to refuse registration for guarantees containing prohibited terms; s 7 renders commercial guarantees void to the extent they include excluded matters. Litigation or ACAT proceedings may test whether a particular contractual clause is caught by the prohibited list in s 6(1)(a)-(g) or whether the commissioner’s refusal is judicially reviewable in particular facts.
Competent person declarations: ss 15-16 limit who can prepare declarations for family-violence termination. Disputes could arise over whether a given professional falls into the prescribed categories (for example, whether a practitioner’s title meets the Health Practitioner Regulation National Law definition cited) or whether the declaration contains the prescribed content (s 15).
Smoke alarm compliance: s 1B requires compliance with AS 3786 and particular locational rules. Disputes about whether an installed alarm “complies with AS 3786” or is “functional” may give rise to enforcement or remedial claims. The Regulation disapplies Legislation Act notification for the Standard but requires public inspection of the Standard (s 1C), which can affect evidentiary disputes about the content of AS 3786 as applied.

Remedies and forums (source-grounded)

The Regulation references the Act and appoints the commissioner and the Minister to perform administrative functions. Issues of registration and compliance enforcement are therefore likely to be pursued in administrative forums (ACAT) or through ordinary prosecutorial routes where criminal elements (false statements) are alleged. The Regulation does not itself list litigation history or settled authorities.

Because the Regulation sets technical thresholds and documentary prerequisites, it is likely that the early years of enforcement will generate ACAT applications and administrative reviews to clarify the practical application of the definitions and to resolve contested factual matrices. Any litigant considering action should map the contested issue to the precise clause(s) in the Regulation (for example s 10(2)(a)-(b) for electrician reports; s 11 for exemptions) and the enforcement pathways in the Act and related statutes (Electricity Safety Act, Building Act).

The Regulation contains a number of operational traps and counterintuitive points that practitioners and compliance officers should flag immediately. These are specific, source-based issues that will drive compliance failures or disputes if unnoticed.

Bond deposit timing is asymmetric (s 2)

If a tenant pays the bond to the lessor, the lessor has two weeks from the later of payment or tenancy commencement to deposit the bond with the Territory; if the tenant pays to the lessor’s agent, the deposit period is four weeks (s 2). Careless handling of payment routing or reliance on agent processes will create an avoidable technical breach.

Electrical safety before insulation work (s 10(2)(a)-(b))

A licensed electrician must inspect, identify required electrical work and complete any required electrical work before an approved installer may remove or add ceiling insulation (s 10(2)(a)-(b)). Lessors who engage installers without this sequence or without completed electrical work risk exposing tenants to unsafe installations and themselves to enforcement under electricity safety laws; certificates of electrical safety are required where work is done (s 12(1)(c) note).

$10,000 partial compliance cap requires contemporaneous records (s 10(3); s 12)

If compliance with the full insulation obligation is likely to cost more than $10,000, the lessor’s statutory compliance can be limited to as many designated rooms as possible for $10,000, but the lessor must keep a quote from an approved installer and a licensed electrician demonstrating the likely cost (s 12(1)(a)). Absent contemporaneous quotes and records, reliance on the $10,000 mechanism will be weak.

Cellulose loose-fill and removal obligation (s 10 and note)

Existing insulation that is cellulose-based loose-fill and has R-value <2 must be removed (s 9 note; s 10(2)(c) defines lower value insulation). That creates an additional removal and disposal cost layer that could materially increase the cost of compliance.

Tenants can create an exemption by written refusal (s 11(1)(c))

A tenant’s written decision not to have insulation installed exempts the premises. Lessors must obtain clear written refusals when tenants resist installations; oral refusals will not satisfy s 11(1)(c).

Owners corporation permissions can shift responsibility (s 11(1)(e))

For units in multi-storey buildings, if the owners corporation intends to arrange building-wide insulation or refuses permission, the lessor is exempt (s 11(1)(e)). Lessor due diligence must therefore include engagement with owners corporation records and resolutions.

Certificate of occupancy age limit for pool documents (s 1AAB(5))

A certificate of occupancy used to satisfy pool document obligations must not be older than five years. Lessors relying on older documents for pre-tenancy disclosure will fail the Regulation’s prescription.

Disapplication of notification for Standards but requirement to inspect (ss 1C and 14)

AS 3786 and other Australian Standards adopted by the Regulation are not subject to the Legislation Act notice rules, but the director-general must make AS 3786 available for public inspection (s 1C(2)) and Australian Standards applied under Part 3 are notifiable-inapplicable (s 14). Practitioners cannot rely on checking a Legislation Act notification for the Standard; they must inspect the Standard itself.

Guarantee drafting traps (s 6)

The commissioner must refuse registration of a standard guarantee contract containing certain common clauses: subrogation, provider participation in dispute resolution, recovery of amounts beyond bond-deductible items, recovery without tenant consent or ACAT order, provider control over lessor decisions, or any other provision giving the provider rights a lessor would not have (s 6(1)(a)-(g)). Guarantee providers used to flexible contract drafting must rework products to pass registration.

Competent person scope (ss 15-16)

Only specified classes of people can sign competent person declarations for family-violence terminations. A declaration from an ineligible person will not meet the statutory requirement. The Regulation requires the declaration to contain prescribed content (s 15), so incomplete forms will be legally ineffective.

Service rules for termination notices (s 5)

The Regulation permits service by leaving at or posting to the last-known residence or business address or the address for service provided under the standard terms, and corporations are served at head, registered or principal office (s 5). Administrative pitfalls arise where parties use incorrect addresses or methods, potentially invalidating a termination notice.

Embedded network disclosure must be in advertisements for units (s 1AAA)

Where tenants have no or limited choice of utility provider, an advertisement must state that fact and the kind of utility service; failure to disclose may trigger consumer complaints and enforcement. Embedded network disclosures are required even where the lack of choice is partial (s 1AAA(1)-(2)).

Records and false-document offences (s 12)

The Regulation explicitly references the Criminal Code in relation to false documents or statements supporting insulation exemptions (note to s 12(1)). Practitioners must ensure accuracy and authenticity of supporting evidence.

These “gotchas” are practical, source-based traps that will be encountered in the field and that require concrete operational steps to avoid.

This section provides an actionable, source-grounded checklist for the principal actors (lessors, agents, installers, guarantee providers) to meet the Regulation’s requirements. Cross-reference the cited sections in operational sequences.

For lessors (general tenancy compliance)

Advertising for units: if the premises are a unit and the tenant has no or limited choice of utility provider or electricity is supplied via an embedded network, include the prescribed disclosure in any advertisement stating the embedded network fact and/or the kind of utility service (s 1AAA(2)). Confirm the embedded network status against the national electricity rules.
Pool disclosures: if a regulated swimming pool is on the premises, assemble the prescribed pool documents before offering the tenancy: for pools built before 1 May 2023 provide the guidance material under Building Act s 83H, any Ministerial exemption certificate and compliance status or certificate of occupancy (as applicable); for pools built or substantially altered on/after 1 May 2023 provide any one of the swimming pool disclosure statement, compliance status certificate or certificate of occupancy (s 1AAB(3)-(4)). Ensure any certificate of occupancy is not older than five years (s 1AAB(5)).
Bond deposit: if you receive the bond directly from the tenant, lodge the bond with the Territory within 2 weeks of the later of payment or tenancy commencement; if the bond is paid to your agent, lodge within 4 weeks (s 2).
Smoke alarms: ensure smoke alarms comply with AS 3786, are functional, and are installed on or near the ceiling, with one in each storey not containing bedrooms and in corridor/hallway locations for storeys containing bedrooms (s 1B(1)-(2)). Keep records of installation and maintenance. Make sure alarms either are battery-operated or hard-wired and note AS 3786 requires a hard-wired alarm to have a secondary power source.
Service of notices: for termination notices follow the service methods in s 5 (personal delivery; leaving at or sending by prepaid post to last-known residence/business address or address for service; corporations served at head/registered/principal office).
Rental increase notices: if calculating automatic CPI-related thresholds, use the rents subgroup of the housing group of the CPI for Canberra and apply the formula in s 5A. Identify the correct “initial index number” per the fact pattern in s 5A.
Minor modifications policy: permit the minor modifications listed in s 5B (planting and certain composting) unless excluded by owners corporation rules or common property/class restrictions. Obtain owners corporation written permission if ownership rules require it.

For lessors , ceiling insulation compliance step-by-step (Pt 3)

Identify whether Part 3 applies to the premises and determine all “required areas” (any habitable part of the premises, s 8).
Determine whether an exemption applies (s 11). Check structural issues, continuous tenancy status (s 8 definition of “continuously tenanted”), whether the tenant has given a written refusal (s 11(1)(c)), unit-title constraints, heritage registration, pre-tenancy demolition notice or relevant short lease with former owner (s 11(1)(d)-(h)). If relying on a Ministerial determination, obtain and retain the notifiable instrument.
If not exempt, engage a licensed electrician before engaging an installer. The electrician must:
- Inspect the premises to identify required electrical work (s 10(2)(a)(i)).
- Produce a required electrical work report detailing required work (s 10(2)(a)(ii)).
- Complete required electrical work (s 10(2)(a)(iii)) and produce a completed electrical work report and (where appropriate) a certificate of electrical safety (s 12(1)(c) and note).
Provide copies of the required electrical work report and the completed electrical work report to any approved installer who will undertake insulation work (s 10(2)(b)).
Ensure removal of lower value insulation (foil-laminated or cellulose-based loose-fill with R<2) by an approved installer (s 10(2)(c)).
Ensure required ceiling insulation is installed by an approved installer so that required areas meet R5 combined or maintain existing R≥2 insulation (s 9 and s 10(2)(d)).
If compliance cost likely exceeds $10,000, obtain and keep a quote from an approved installer and a licensed electrician and proceed to install in as many designated rooms as possible for $10,000, keeping the quote as record evidence (s 10(3); s 12(1)(a)).
Keep all records specified in s 12: quotes, electrical work reports, certificates of electrical safety, and evidence supporting any exemption relied upon, including a statutory declaration for demolition intent where applicable (s 12(1)(d)(ii)).

For installers and electricians

Approved installer requirements: monitor the Minister’s notifiable instrument under s 13 for the criteria to become an approved installer. Do not undertake removal or installation of insulation for the purposes of the Regulation unless you meet the approved installer requirements once notified.
Sequence of work: do not allow insulation removal/installation without completed electrician reports and any required electrical work performed; deliver required electrical work reports to the installer as required by s 10(2)(b).
Certificates: where required electrical work is completed, ensure the electrician issues a certificate of electrical safety and that these certificates are preserved and provided to the lessor (s 12(1)(c)).

For guarantee providers and lawyers drafting guarantees

Avoid prohibited terms listed in s 6(1)(a)-(g) to pass registration. Specifically, do not draft clauses that:
- Allow subrogation of a tenant’s or lessor’s rights;
- Allow the provider to be party to a tenancy dispute;
- Allow the provider to recover an amount from the tenant that could not be deducted from bond under Act s 31;
- Allow recovery from the tenant without tenant consent or an ACAT order;
- Allow the provider to influence or approve lessor decisions in relation to a residential tenancy (including tenancy disputes);
- Prohibit a tenant from terminating the contract without the other parties’ consent where the tenancy ends; or
- Give the provider or lessor rights or remedies against the tenant that the lessor would not have in the absence of the guarantee (s 6(1)(a)-(g)).
Expect the commissioner to consult entities with expertise in residential tenancy matters when making registration decisions (s 6(2)). Maintain documentation that a guarantee is within permitted boundaries in case of registration review.

For tenants and tenant advocates

If you do not want ceiling insulation installed, provide a clear written statement to the lessor (s 11(1)(c)).
For family violence notices, ensure the competent person declaration contains the prescribed information (s 15) and is provided by a person in the prescribed categories (s 16).

For owners corporations

If you intend to organise building-wide insulation or you refuse permission for individual lessors to install insulation, document that intention or refusal in writing to create the lessor exemption under s 11(1)(e). Ensure records are accessible to lessors seeking to rely on the exemption.

Record-keeping and audit readiness

Keep all quotes, completed electrical work reports, certificates of electrical safety, statutory declarations and any other evidence listed in s 12 for the required retention period under the Act or as otherwise directed. False statements in these records are criminal (s 12 note).
Monitor notifiable instruments published after the Regulation (Ministerial determinations under ss 11 and 13) and obtain copies as they will change practical requirements for approved installers and exemptions.

Practical quick-check before a tenancy

Check whether premises are a unit with embedded network or limited utility choice and include the advertisement disclosure if required (s 1AAA).
If a pool exists, assemble required pool documents (s 1AAB).
Verify smoke alarms and their locations comply with AS 3786 and s 1B.
Confirm bond receipt route and ensure bond lodgement in the correct window (s 2).
For insulation: confirm exemption or begin electrician/installer sequence early enough to meet the “required date” matrix in s 10(5).

This compliance checklist follows the Regulation’s mandatory sequencing: determine exemptions, obtain electrical inspection and completed electrical work where needed, supply reports to installers, implement removal/installation by approved installers, and retain specified documentation.

Residential Tenancies Regulation 1998

Plain English Summary

Deep Dive

What it does

Current sections

Residential Tenancies Regulation 1998

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply