31 Rating compliance for residential rental provider's appliances
Reg. 31(1) amended by S.R. No. 63/2025 reg. 12(1)(a).
(1) For the purposes of section 69 of the Act, except for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—
Reg. 31(1)(a) amended by S.R. No. 63/2025 reg. 12(1)(b).
(a) for any appliances, fixtures and fittings, other than a dishwasher, and on and from 1 March 2027, a water efficient shower head or water heater, which use or supply water—
(ii) if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, when installed will not operate effectively—a replacement with the highest rating in the efficiency rating system referred to in regulation 23(1)(a) that will operate effectively;
Examples to reg. 31(1)(a)(ii) revoked by S.R. No. 63/2025 reg. 12(1)(c).
Reg. 31(1)(c) amended by S.R. No. 63/2025 reg. 12(1)(d).
(c) on and from 1 July 2025 until 28 February 2027, for heating by a non‑ducted air conditioner or heat pump—
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(b); or
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(b) unless it would be unreasonable to install the non-ducted air conditioner or heat pump;
Reg. 31(1)(ca) inserted by S.R. No. 63/2025 reg. 12(1)(e).
(ca) on and from 1 March 2027, for cooling by a non‑ducted air conditioner or heat pump, a 3 star cooling rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—
Reg. 31(1)(cb) inserted by S.R. No. 63/2025 reg. 12(1)(e).
(cb) on and from 1 March 2027, for heating by a non‑ducted air conditioner or heat pump, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(d); or
Reg. 31(1) (d)(ii) amended by S.R. No. 63/2025 reg. 12(1)(f).
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(d) unless it would be unreasonable to install the gas space heater;
Reg. 31(1)(e) inserted by S.R. No. 63/2025 reg. 12(1)(g).
(e) on and from 1 March 2027, for cooling by a ducted air conditioner or heat pump, a Total Cooling Seasonal Performance Factor of 3.8 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—
Reg. 31(1)(f) inserted by S.R. No. 63/2025 reg. 12(1)(g).
(f) on and from 1 March 2027, for heating by a ducted air conditioner or heat pump, a Heating Seasonal Performance Factor of 3.2 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—
Reg. 31(1)(g) inserted by S.R. No. 63/2025 reg. 12(1)(g).
(g) on and from 1 March 2027, for water heating by an energy efficient water heater, the minimum energy savings specified in Table B2D2b in Part B2 of the Plumbing Code of Australia, or minimum small‑scale technology certificates specified in Table B2D2a in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems referred to in regulation 23(1)(bc), unless—
Reg. 31(1)(h) inserted by S.R. No. 63/2025 reg. 12(1)(g).
(h) on and from 1 March 2027, for a shower head—
(ii) if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 4 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, a 3 star rating in the efficiency rating system referred to in regulation 23(1)(a).
Reg. 31(2) amended by S.R. No. 63/2025 reg. 12(2).
(2) On and from 1 July 2025 until 28 February 2027, for the purposes of subregulation (1)(c)(ii) and (d)(ii) it would be unreasonable to install an air conditioner, heat pump or gas space heater if—
(a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
Reg. 31(2A) inserted by S.R. No. 63/2025 reg. 12(3).
(2A) Without limiting the grounds on which it is unreasonable to install an air conditioner or heat pump, it is unreasonable if—
(a) the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or
Reg. 31(2B) inserted by S.R. No. 63/2025 reg. 12(3).
(a) the cost of electrical work required for the installation;
Reg. 31(2C) inserted by S.R. No. 63/2025 reg. 12(3).
(2C) Without limiting the grounds on which it is unreasonable to install an energy efficient water heater, it is unreasonable if—
(a) the cost of installation is significantly higher than the average price of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or
Reg. 31(2D) inserted by S.R. No. 63/2025 reg. 12(3).
(b) the cost of upgrading an electrical switchboard to accommodate additional electrical load is part of the cost of installation.
Reg. 31(2E) inserted by S.R. No. 63/2025 reg. 12(3).
(2E) For the purposes of subregulation (1)(ca) and (e), the circumstance is that both the air conditioning appliance and the replacement air conditioning appliance are ducted evaporative fixed cooler systems.
Reg. 31(2F) inserted by S.R. No. 63/2025 reg. 12(3).
(b) the replacement fixed heater is an electric hydronic heating system which has an outlet in the main living area of the rented premises.
Reg. 31(2G) inserted by S.R. No. 63/2025 reg. 12(3).
(2G) For the purposes of subregulation (1)(ca), (cb), (e), (f) and (g), the circumstances are—
(a) the air conditioner, heat pump or water heater is being replaced under a manufacturer, supplier or installer warranty; or
(b) the fuel source for both the fixed heater or water heater to be replaced and the replacement fixed heater or water heater is liquified petroleum gas; or
(c) installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or
(d) the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.
Reg. 31(2H) inserted by S.R. No. 63/2025 reg. 12(3).
(2H) For the purposes of subregulation (1)(g), the circumstance is that a temporary water heater is installed for no more than 60 days.
(3) Nothing in this regulation prevents the replacement of an appliance, fixture or fitting with an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).
See section 69 of the Act.
Reg. 31A inserted by S.R. No. 63/2025 reg. 13.
31A Rating compliance for residential rental provider's appliances—community housing or housing provided as part of specialised housing program
(1) For the purposes of section 69 of the Act, for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—
(ii) if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 23A(1)(a) that will operate effectively;
If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.
If a 2 star rated tap or shower rose cannot operate effectively, a one star rated tap or shower rose may be installed.
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b); or
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b) unless it would be unreasonable to install the non‑ducted air conditioner or heat pump;
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d); or
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d) unless it would be unreasonable to install the gas space heater.
(2) For the purposes of subregulation (1)(c)(ii) and (d)(ii), it would be unreasonable to install an air conditioner, heat pump or gas space heater if—
(a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
(3) Nothing in this regulation prevents the replacement of an appliance, fixture or fitting with an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).
See section 69 of the Act.
32 Amount—urgent repairs by renter
For the purposes of section 72(2)(b) of the Act, the prescribed amount is $2500.
33 Compliance with efficiency systems for urgent repairs by renter
Reg. 33(1) amended by S.R. No. 63/2025 reg. 14(1)(a).
(1) For the purposes of section 72(3) of the Act, except for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—
Reg. 33(1)(a) amended by S.R. No. 63/2025 reg. 14(1)(b).
(a) for any appliances, fixtures and fittings, other than a dishwasher, and on and from 1 March 2027, a water efficient shower head or water heater, which use or supply water—
(ii) if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, when installed will not operate effectively—the highest rating in the efficiency rating system referred to in regulation 23(1)(a) of a replacement that will operate effectively;
Examples to reg. 33(1)(a) revoked by S.R. No. 63/2025 reg. 14(1)(c).
Reg. 33(1)(c) amended by S.R. No. 63/2025 reg. 14(1)(d).
(c) on and from 1 July 2025 until 28 February 2027, for a non‑ducted air conditioner or heat pump—
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(b); or
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(b) unless it would be unreasonable to install the non-ducted air conditioner or heat pump;
Reg. 33(1)(ca) inserted by S.R. No. 63/2025 reg. 14(2).
(ca) on and from 1 March 2027, for cooling by a non‑ducted air conditioner or heat pump referred to in paragraph (a) of the definition of energy efficient fixed cooler, a 3 star cooling rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—
Reg. 33(1)(cb) inserted by S.R. No. 63/2025 reg. 14(2).
(cb) on and from 1 March 2027, for heating by a non‑ducted air conditioner or heat pump referred to in paragraph (b)(i) of the definition of energy efficient fixed heater, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—
(ii) a circumstance specified in sub regulation (2F) or (2G) exists;
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(d); or
Reg. 33(1) (d)(ii) amended by S.R. No. 63/2025 reg. 14(3).
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(d) unless it would be unreasonable to install a gas space heater;
Reg. 33(1)(e) inserted by S.R. No. 63/2025 reg. 14(4).
(e) on and from 1 March 2027, for cooling by a ducted air conditioner or heat pump referred to in paragraph (b) of the definition of energy efficient fixed cooler, a Total Cooling Seasonal Performance Factor of 3.8 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—
Reg. 33(1)(f) inserted by S.R. No. 63/2025 reg. 14(4).
(f) on and from 1 March 2027, for heating by a ducted air conditioner or heat pump referred to in paragraph (b)(ii) of the definition of energy efficient fixed heater, a Heating Seasonal Performance Factor of 3.2 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—
Reg. 33(1)(g) inserted by S.R. No. 63/2025 reg. 14(4).
(g) on and from 1 March 2027, for water heating by an energy efficient water heater referred to in the definition of energy efficient water heater, the minimum energy savings specified in Table B2D2b in Part B2 of the Plumbing Code of Australia, or minimum small‑scale technology certificates specified in Table B2D2a in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems referred to in regulation 23(1)(bc), unless—
Reg. 33(1)(h) inserted by S.R. No. 63/2025 reg. 14(4).
(h) on and from 1 March 2027, for a shower head referred to in paragraph (b) of the definition of water efficient shower head—
(ii) if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 4 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, a 3 star rating in the efficiency rating system referred to in regulation 23(1)(a).
Reg. 33(2) amended by S.R. No. 63/2025 reg. 14(5).
(2) On and from 1 July 2025 until 28 February 2027, for the purposes of subregulation (1)(c)(ii) and (d)(ii) it would be unreasonable to install an air conditioner, heat pump or gas space heater if—
(a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
Reg. 33(2A) inserted by S.R. No. 63/2025 reg. 14(6).
(2A) Without limiting the grounds on which it is unreasonable to install an air conditioner or heat pump, it is unreasonable if—
(a) the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or
Reg. 33(2B) inserted by S.R. No. 63/2025 reg. 14(6).
(a) the cost of electrical work required for the installation; and
Reg. 33(2C) inserted by S.R. No. 63/2025 reg. 14(6).
(2C) Without limiting the grounds on which it is unreasonable to install an energy efficient water heater, it is unreasonable if—
(a) the cost of installation is significantly higher than the average price of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or
Reg. 33(2D) inserted by S.R. No. 63/2025 reg. 14(6).
(b) the cost of upgrading an electrical switchboard to accommodate additional electrical load is part of the cost of installation.
Reg. 33(2E) inserted by S.R. No. 63/2025 reg. 14(6).
(2E) For the purposes of subregulation (1)(ca) and (e), the circumstances are that both the existing air conditioning appliance and the replacement air conditioning appliance are ducted evaporative fixed cooler systems.
Reg. 33(2F) inserted by S.R. No. 63/2025 reg. 14(6).
(b) the replacement fixed heater is an electric hydronic heating system which has an outlet in the main living area of the rented premises.
Reg. 33(2G) inserted by S.R. No. 63/2025 reg. 14(6).
(2G) For the purposes of subregulation (1)(ca), (cb), (e), (f) and (g), the circumstances are—
(a) the air conditioner, heat pump or water heater is being replaced under a manufacturer, supplier or installer warranty; or
(b) the fuel source for both the fixed heater or water heater to be replaced and the replacement fixed heater or water heater is liquified petroleum gas; or
(c) installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or
(d) the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.
Reg. 33(2H) inserted by S.R. No. 63/2025 reg. 14(6).
(2H) For the purposes of subregulation (1)(g), the circumstance is that a temporary water heater is installed for no more than 60 days.
(3) Nothing in this regulation prevents the replacement of an appliance, fixture or fitting with an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).
See section 72(3) of the Act.
Reg. 33A inserted by S.R. No. 63/2025 reg. 15.
33A Compliance with efficiency systems for urgent repairs by renter—community housing or housing provided as part of specialised housing
(1) For the purposes of section 72(3) of the Act, for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—
(ii) if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 23A(1)(a) that will operate effectively;
If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.
If a 2 star rated tap or shower rose cannot operate effectively, a one star rated tap or shower rose may be installed.
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b); or
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b) unless it would be unreasonable to install the non‑ducted air conditioner or heat pump;
(i) in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d); or
(ii) in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d) unless it would be unreasonable to install a gas space heater.
(2) For the purposes of subregulation (1)(c)(ii) and (d)(ii), it would be unreasonable to install an air conditioner, heat pump or gas space heater if—
(a) the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or
(3) Nothing in this regulation prevents the replacement of an appliance, fixture or fitting with an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).