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).
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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
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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
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4 Amendment history 33
5 Earlier republications 36
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Australian Capital Territory
Residential Tenancies Regulation 1998
made under the
Residential Tenancies Act 1997
Part 1 Preliminary
Section 1
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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
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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
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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
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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
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(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
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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
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(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
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(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
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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
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(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
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(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
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(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
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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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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