Residential Tenancies (Rooming House Standards) Regulations 2023 (Victoria)

Mechanically, the Residential Tenancies (Rooming House Standards) Regulations 2023 prescribes a set of minimum privacy, safety, security and amenity standards that rooming house operators must meet for rooms, facilities and common areas, and sets rules for records, inspections and exemptions. The Regulations operate under ss 142C and 511 of the Residential Tenancies Act 1997 (reg 2), commenced on 26 February 2023 (reg 3), and revoke the previous 2012 rooming house standards (reg 4). The stated objective is to prescribe the standards enumerated at reg 1(a)-(b). The instrument incorporates a number of external technical standards by reference, for example Australian/New Zealand Standards and relevant BCA provisions (see reg 5 and the applied/adopted material listed in the endnotes and explanatory tables).

Key mechanical elements are:

Mandatory physical standards for resident rooms, including door locking arrangements (reg 7), minimum power outlets and installation requirements (reg 8), window coverings (reg 9), and staged heating requirements that become progressively stricter through 2030 (reg 9A).
Minimum standards for facilities and services, including shared bathroom latches and water-efficient shower heads (reg 11), kitchen fixtures and minimum refrigerator and storage capacities (reg 12), dining seating and tables (reg 13), and laundry provision with staged introduction of washing machines from 26 February 2024 (reg 14).
Building-level safety and amenity requirements, including emergency evacuation diagrams (reg 16 referencing AS 3745), electrical switchboards and residual current devices (reg 17), ventilation standards tied to BCA provisions (reg 18), lighting standards (reg 19), gas and electrical safety checks every two years (regs 20 and 21), window covering safety (regs 22-24), entrances and external lighting (reg 25), structural soundness and freedom from mould and dampness (regs 26-27).

Version No. 002

Residential Tenancies (Rooming House Standards) Regulations 2023

S.R. No. 10/2023

Version incorporating amendments as at
1 December 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provisions 1

3 Commencement 1

4 Revocation 2

5 Definitions 2

Part 2—Standards 8

Division 1—Rooms in a rooming house 8

6 Prescribed standards for rooms in a rooming house 8

7 Standard for door to resident's room 8

8 Standard for power outlets in resident's room 8

9 Standard for windows in resident's room—window coverings 9

9A Standard for heating in resident's room 10

Division 2—Facilities and services 14

10 Prescribed standards for facilities and services provided to residents in a rooming house 14

11 Standards for toilet or bathroom facilities 14

12 Standards for kitchen or food preparation facilities 16

13 Standard for dining facilities 18

14 Standard for laundry facilities 19

Division 3—Rooming houses 19

15 Prescribed standards for rooming houses generally 19

16 Standard for emergency plans and procedures 20

17 Standard for electrical outlets and circuits 20

18 Standards for ventilation 21

19 Standards for lighting 22

20 Standard for gas safety checks 23

21 Standard for electrical safety checks 23

22 Standard for windows in a rooming house—window coverings 24

23 Standards for corded internal window coverings 24

24 Standards for external windows 25

25 Standard for entrances 26

26 Standard for structural soundness 26

27 Standard for mould and dampness 26

Part 3—General 27

Division 1—Records 27

28 Requirement to keep record of gas safety check 27

29 Requirement to keep record of electrical safety check 28

30 Production of records 29

30A Urgent repairs—efficiency rating systems 29

30B Urgent repairs—levels of ratings in efficiency rating systems 30

Division 2—Exemptions 34

31 Director may grant exemption 34

32 Application for exemption 34

33 Grounds upon which an exemption may be granted 34

34 Notice of decision 35

35 Notice of exemptions to be published 36

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Endnotes 37

1 General information 37

2 Table of Amendments 39

3 Explanatory details 40

Version No. 002

Residential Tenancies (Rooming House Standards) Regulations 2023

S.R. No. 10/2023

Version incorporating amendments as at
1 December 2024

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe—

(a) privacy, safety, security and amenity standards with which a rooming house operator must comply in relation to all or any combination of the following—

(i) rooming houses;

(ii) rooms in a rooming house;

(iii) rooming house facilities and services;

(iv) common areas of rooming houses;

(v) the general amenity of rooming houses; and

(b) other matters in relation to the regulation of rooming house standards.

2 Authorising provisions

These Regulations are made under sections 142C and 511 of the Residential Tenancies Act 1997.

3 Commencement

These Regulations come into operation on 26 February 2023.

4 Revocation

The Residential Tenancies (Rooming House Standards) Regulations 2012[1] are revoked.

5 Definitions

In these Regulations—

BCA means the Building Code of Australia;

Reg. 5 def. of BCA Volume One amended by S.R. No. 130/2024 reg. 7(a).

BCA Volume One means Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume;

Reg. 5 def. of BCA Volume Two amended by S.R. No. 130/2024 reg. 7(b).

BCA Volume Two means Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;

Building Code of Australia has the same meaning as it has in section 3(1) of the Building Act 1993;

Reg. 5 def. of Class 1 building inserted by S.R. No. 130/2024 reg. 7(c).

Class 1 building has the same meaning as it has in the Building Code of Australia;

Class 1b building has the same meaning as it has in the Building Code of Australia;

Reg. 5 def. of Class 2 building inserted by S.R. No. 130/2024 reg. 7(c).

Class 2 building has the same meaning as it has in the Building Code of Australia;

Class 3 building has the same meaning as it has in the Building Code of Australia;

cleat means a device that—

(a) has a bar with arms around which a cord can be wound; and

(b) can be attached to a wall or other structure;

Reg. 5 def. of climate zone inserted by S.R. No. 130/2024 reg. 7(c).

climate zone means, in relation to a rooming house, a geographical region of climate specified in the GEMS air conditioner rating system in which the rooming house is located;

cord means a rope, strap, string, chain, line or wire used to operate a corded internal window covering;

cord guide means a device designed to retract, tension or secure a cord;

corded internal window covering means either of the following corded devices for use inside a building—

(a) a window covering, including a curtain or blind;

(b) fittings used with a window covering, including a traverse rod or track;

electrical safety check means a check of all electrical installations, appliances and fittings carried out in accordance with—

(a) section 4 of AS/NZS 3019 "Electrical installations—Periodic verification", as published from time to time; and

(b) section 2 of AS/NZS 3760 "In‑service safety inspection and testing of electrical equipment and RCD's", as published from time to time;

Reg. 5 def. of energy efficient fixed heater inserted by S.R. No. 130/2024 reg. 7(c).

energy efficient fixed heater means—

(a) an electric non‑portable, non‑ducted air conditioner or heat pump capable of heating with a 2 star or above heating rating in the GEMS air conditioner rating system for non‑ducted air conditioners or heat pumps; or

(b) an electric ducted air conditioner or heat pump with a Heating Seasonal Performance Factor of 3.2 or above in the GEMS air conditioner rating system for ducted systems;

Reg. 5 def. of fixed heater inserted by S.R. No. 130/2024 reg. 7(c).

fixed heater means—

(a) an electric ducted heating or electric hydronic heating system; or

(b) an electric non‑portable, non‑ducted air conditioner or heat pump capable of heating with a 2 star or above heating rating in the GEMS air conditioner rating system for non‑ducted air conditioners or heat pumps; or

gas installation has the same meaning as it has in section 3(1) of the Gas Safety Act 1997;

gas safety check means—

(a) the following gas installation check—

(i) that LPG cylinders and associated gas components are installed correctly;

(ii) that appliance gas isolation valves are installed where required by AS/NZS 5601.1 "Gas installations", as published from time to time;

(iii) that gas appliances and their components are accessible for servicing and adjustment;

(iv) that the gas installation is electrically safe;

(v) that clearances from appliances to combustible surfaces are in accordance with installation instructions and AS/NZS 5601.1 "Gas installations", as published from time to time;

(vi) that there is adequate ventilation for appliances to operate safely;

(vii) that gas appliances (including cookers) are adequately restrained from tipping over;

(viii) checking the condition of gas appliance flue systems including chimneys;

(ix) checking gas appliances for evidence of certification; and

(b) testing gas installations for leakage; and

Note

See regulation 12(4) of the Gas Safety (Gas Installation) Regulations 2018**[2]**, which prescribes a standard under section 72 of the Gas Safety Act 1997 for servicing work carried out on a Type A gas appliance that is part of a standard gas installation. Section 72 of the Gas Safety Act 1997 requires that a person carrying out gasfitting work ensure that the work complies with the standards and requirements prescribed under that Act in relation to that work.

Reg. 5 def. of GEMS air conditioner rating system inserted by S.R. No. 130/2024 reg. 7(c).

GEMS air conditioner rating system means—

(a) for the energy efficiency of a non‑ducted air conditioner or heat pump, the star rating in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 or any corresponding subsequent determination; or

(b) for the energy efficiency of a ducted air conditioner or heat pump, the Heating Seasonal Performance Factor in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 or any corresponding subsequent determination;

habitable room has the same meaning as it has in the Building Code of Australia;

licensed gasfitter has the same meaning as it has in the Gas Safety (Gas Installation) Regulations 2018;

Reg. 5 def. of National Construction Code inserted by S.R. No. 130/2024 reg. 7(c).

National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time;

Reg. 5 def. of National Construction Code Series revoked by S.R. No. 130/2024 reg. 7(d).

registered gasfitter has the same meaning as it has in the Gas Safety (Gas Installation) Regulations 2018;

standard gas installation has the same meaning as it has in section 3(1) of the Gas Safety Act 1997;

the Act means the Residential Tenancies Act 1997;

Type A gas appliance means a Type A appliance within the meaning of section 3(1) of the Gas Safety Act 1997.

Part 2—Standards

Division 1—Rooms in a rooming house

6 Prescribed standards for rooms in a rooming house

For the purposes of section 142B(1) of the Act, the prescribed privacy, safety, security and amenity standards are the standards set out in this Division.

7 Standard for door to resident's room

(1) The standard for a door used for entry to and exit from a room provided to a resident of a rooming house is that it is fitted with a locking device that—

(a) is operated by a key from the outside; and

(b) can be unlocked from the inside without a key.

(2) In this regulation—

key includes—

(a) a device such as an electronic key fob; and

(b) information used to operate a lock such as a personal identification number (PIN) code.

8 Standard for power outlets in resident's room

(1) On and from 26 February 2023 until 25 February 2024, the standard for a room provided to a resident in a rooming house is that—

(a) the room is to have at least 2 electrical power outlets; and

(b) the power outlets are in working order.

(2) On and from 26 February 2024, the standard for a room provided to a resident in a rooming house is that—

(a) the room is to have at least 2 unoccupied electrical power outlets in safe, working order that are—

(i) available for use by the resident; and

(ii) in addition to any other outlets already used to power amenities provided by the rooming house operator; and

(b) power outlets are installed by a suitably licensed or qualified electrician in accordance with AS/NZS 3000 "Electrical installations (Wiring Rules)", as published from time to time.

9 Standard for windows in resident's room—window coverings

(1) The standard for a window in a room provided to a resident in a rooming house is that it is fitted with a window covering that—

(a) can be opened or closed by the resident; and

(b) affords reasonable privacy to the resident.

(2) In addition to subregulation (1), on and from 26 February 2025, the standard for a window in a room provided to a resident in a rooming house is that it is fitted with a window covering that—

(a) reasonably blocks light; and

(b) is of a kind ordinarily acquired for personal, domestic or household use or consumption.

Reg. 9A inserted by S.R. No. 130/2024 reg. 8.

9A Standard for heating in resident's room

(1) On and from 1 December 2024 until 30 November 2025, the standard for heating in a room provided to a resident of a rooming house is that—

(a) if a heater is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house, the heater is to be a fixed heater in good working order unless it is unreasonable to install a fixed heater; and

(b) any installation of a heater referred to in paragraph (a)—

(i) is to be carried out in accordance with the manufacturer's instructions; and

(ii) in the case of a heater referred to in paragraph (c) of the definition of fixed heater, is to involve fixing the heater to a wall, floor or ceiling in the room.

(2) On and from 1 December 2025 until 30 November 2030, the standard for heating in a room provided to a resident of a rooming house is that—

(a) a fixed heater in good working order is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house unless it is unreasonable to install a fixed heater; and

(b) a fixed heater referred to in paragraph (a) is to be installed—

(i) in accordance with the manufacturer's instructions; and

(ii) in the case of a heater referred to in paragraph (c) of the definition of fixed heater, by fixing the heater to a wall, floor or ceiling in the room.

(3) Without limiting the grounds on which it is unreasonable to install a fixed heater under subregulations (1)(a) and (2)(a), it is unreasonable to install a fixed heater if—

(a) the cost of installation of the fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or

(b) owners corporation rules prohibit installation of the appliance; or

(d) there is a gas ducted heating or gas hydronic heating system in good working order which has an outlet in the room provided to a resident of a rooming house; or

(e) there is an existing gas ducted heating or gas hydronic heating system which has an outlet in the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or

(f) the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.

(4) On and from 1 December 2030, the standard for heating in a room provided to a resident of a rooming house is that—

(a) either—

(i) an energy efficient fixed heater in good working order is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house, unless it is unreasonable to install an energy efficient fixed heater; or

(ii) if it is unreasonable to install an energy efficient fixed heater, a fixed heater in good working order is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house, unless it is unreasonable to install a fixed heater; and

(b) an energy efficient fixed heater or a fixed heater (as the case requires) referred to in paragraph (a) is to be installed—

(i) in accordance with the manufacturer's instructions; and

(ii) in the case of a heater referred to in paragraph (c) of the definition of fixed heater, by fixing the heater to a wall, floor or ceiling in the room.

(5) Without limiting the grounds on which it is unreasonable to install an energy efficient fixed heater under subregulation (4)(a)(i), it is unreasonable to install an energy efficient fixed heater if—

(a) the cost of installation of the energy efficient fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or

(b) owners corporation rules prohibit installation of the appliance; or

(d) there is an existing fixed heater in good working order in, or with an outlet in, the room provided to a resident of a rooming house; or

(e) there is an existing fixed heater or a gas ducted heating or gas hydronic heating system in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or

(f) there is a gas ducted heating or gas hydronic heating system in good working order which has an outlet in the room provided to a resident of a rooming house; or

(g) the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.

(6) Without limiting the grounds on which it is unreasonable to install a fixed heater under subregulation (4)(a)(ii), it is unreasonable to install a fixed heater if—

(b) owners corporation rules prohibit installation of the appliance; or

(d) there is a gas ducted heating or gas hydronic heating system in good working order which has an outlet in the room provided to a resident of a rooming house; or

Division 2—Facilities and services

10 Prescribed standards for facilities and services provided to residents in a rooming house

For the purposes of section 142B(2) of the Act, the prescribed privacy, safety, security and amenity standards are the standards set out in this Division.

11 Standards for toilet or bathroom facilities

(1) On and from 26 February 2023 until 25 February 2024, the standard for a door to a shared toilet or bathroom facility is that it is fitted with a privacy latch that can be securely latched from the inside without the use of a key.

(2) On and from 26 February 2024, the standard for a door to a shared toilet or bathroom facility is that—

(a) it is fitted with a bolt or catch that—

(i) can be securely latched from the inside without the use of a key; and

(ii) is installed by a suitably qualified person; or

Example

A snib catch.

(b) if it is unreasonable to install a bolt or catch, it is fitted with a privacy latch which can be securely latched from the inside without the use of a key.

(3) For the purposes of subregulation (2)(a)(i), a cabin hook or similar catch cannot be securely latched from the inside.

(4) For the purposes of subregulation (2)(b), it would be unreasonable to install a bolt or catch if—

(a) the cost of installation would be significantly higher than the average cost of installation in a similar class of building; or

(b) owners corporation rules prohibit installation of the bolt or catch; or

(5) On and from 26 February 2024, the standard for bathroom facilities in a rooming house if a shower is present is provision of the following in good working order—

(a) a shower head with a 3 star or higher rating in the WELS scheme efficiency rating system;

(b) a shower head with a one or 2 star rating in the WELS scheme efficiency rating system if a shower head with a 3 star rating—

(i) cannot be installed; or

(ii) if installed, will not operate effectively due to the age, nature or structure of the plumbing of the premises.

(6) In this regulation—

WELS scheme has the same meaning as in section 7(1) of the Water Efficiency Labelling and Standards Act 2005.

12 Standards for kitchen or food preparation facilities

(1) On and from 26 February 2023 until 25 February 2024, the standard for a kitchen or food preparation facility is the provision of the following—

(a) a food preparation area—

(i) in each resident's room; or

(ii) in a common area;

(b) a sink—

(i) in each resident's room; or

(ii) in a common area;

(i) in each resident's room; or

(ii) in a common area, for every 12 or fewer residents of the rooming house who do not have an oven in their room, based on the maximum number of residents that the rooming house can accommodate;

(d) a cook top that is in good working order—

(i) in each resident's room; or

(ii) with 4 burners, in a common area, for every 12 or fewer residents of the rooming house who do not have a cook top in their room, based on the maximum number of residents that the rooming house can accommodate;

(e) a refrigerator that is in good working order—

(i) with a minimum gross capacity of 80 litres, in each resident's room; or

(ii) with a minimum gross capacity of 400 litres, in a common area;

(f) not less than one cupboard for each resident, based on the maximum number of residents that the rooming house can accommodate—

(i) with a minimum storage space of 0·10 cubic metres; and

(ii) that is lockable, if provided in a common area.

(2) On and from 26 February 2024, the standard for a kitchen or food preparation facility is the provision of the following—

(a) each of the facilities referred to in subregulation (1)(b), (c), (d) and (f);

(b) an area which is intended to be used solely for food preparation—

(i) in each resident's room; or

(ii) in a common area;

(i) with a minimum gross capacity of 80 litres, in each resident's room; or

(ii) with a minimum gross capacity of—

(A) 400 litres for every 4 or fewer residents who are not provided a refrigerator in their room; and

(B) an additional 28·5 litre capacity for each additional resident who is not provided a refrigerator in their room—

based on the maximum number of residents that the rooming house can accommodate, in a common area.

Example

If a rooming house has 7 residents and none of the residents are provided a refrigerator in their room, one or more refrigerators in good working order with a combined minimum gross capacity of 485·5 litres are to be provided in a common area.

13 Standard for dining facilities

(1) The standard for dining facilities in a rooming house is the provision of the following—

(a) a number of chairs equal to the maximum number of residents that can be accommodated in a resident's room in the rooming house—

(i) in each resident's room; or

(ii) in a common area;

(b) one or more dining tables that can comfortably accommodate the number of chairs referred to in paragraph (a)—

(i) in each resident's room; or

(ii) in a common area.

(2) For the purposes of subregulation (1)(b), a dining table—

(a) includes a benchtop that is large enough to accommodate the number of chairs required under subregulation (1)(a); and

(b) does not include a benchtop that is wholly or partially in an area for food preparation referred to in regulation 12.

14 Standard for laundry facilities

(1) On and from 26 February 2023 until 25 February 2024, the standard for laundry facilities in a rooming house is provision of the following in good working order—

(a) a communal laundry wash trough or basin plumbed to a continuous and adequate supply of hot and cold water;

(b) a designated space, immediately next to the laundry wash trough or basin, with hot and cold water supply outlets suitable for a washing machine;

(2) On and from 26 February 2024, the standard for laundry facilities in a rooming house is the provision of the following in good working order for every 12 or fewer residents based on the maximum number of residents that the rooming house can accommodate—

(a) one of each laundry facility referred to in subregulation (1)(a), (b) and (c);

(b) a washing machine.

Division 3—Rooming houses

15 Prescribed standards for rooming houses generally

For the purposes of section 142B of the Act, the prescribed privacy, safety, security and amenity standards in relation to the rooms, facilities, services and common areas of a rooming house are set out in this Division.

16 Standard for emergency plans and procedures

The standard for emergency plans and procedures of a rooming house is that an evacuation diagram is—

(a) prepared in accordance with section 3.5 and Appendix E of AS 3745 "Planning for emergencies in facilities", as published from time to time; and

(b) prominently displayed in each resident's room and in all common areas.

17 Standard for electrical outlets and circuits

The standard for all power outlets and lighting circuits of or in a rooming house is that the outlets and circuits are connected to—

(a) a switchboard type circuit breaker that complies with AS/NZS 3000 "Electrical installations (Wiring Rules)", as published from time to time; and

(b) a switchboard-type residual current device that complies with—

(i) AS/NZS 3190 "Approval and test specification—Residual current devices (current-operated earth-leakage devices)", as published from time to time; or

(ii) AS/NZS 61008.1 "Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCBs): Part 1: General rules", as published from time to time; or

(iii) AS/NZS 61009.1 "Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCBOs): Part 1: General rules", as published from time to time.

18 Standards for ventilation

(1) On and from 26 February 2023 until 30 April 2023—

(a) the standard for ventilation in a rooming house that is a Class 1b building is that each habitable room, bathroom, shower room, toilet and laundry in the rooming house is to have ventilation satisfying Performance Requirement P2.4.5 of the BCA Volume Two or the Acceptable Construction Practice set out in Part 3.8.5 of the BCA Volume Two; and

(b) the standard for ventilation in a rooming house that is a Class 3 building is that each habitable room, bathroom, shower room, toilet and laundry in the rooming house is to have ventilation satisfying Performance Requirements FP4.3, FP4.4 and FP4.5 of the BCA Volume One or the Deemed-to-Satisfy Provisions requirements in F4.5 of the BCA Volume One; and

(c) the standard for ventilation in a rooming house that is not a Class 1b or Class 3 building is that each habitable room, bathroom, shower room, toilet and laundry in the rooming house is to have ventilation satisfying the relevant Performance Requirements or Deemed-to-Satisfy Provisions requirements of the BCA for the relevant class of building.

(2) On and from 1 May 2023—

(a) the standard for ventilation in a rooming house that is a Class 1b building is that each habitable room, bathroom, shower room, toilet and laundry in the rooming house is to have ventilation satisfying Performance Requirement H4P5 of the BCA Volume Two or the Deemed-to-Satisfy Provisions requirement in H4D7(2) of the BCA Volume Two; and

(b) the standard for ventilation in a rooming house that is a Class 3 building is that each habitable room, bathroom, shower room, toilet and laundry in the rooming house is to have ventilation satisfying Performance Requirements F6P3, F6P4 and F6P5 of the BCA Volume One or the Deemed-to-Satisfy Provisions requirements in F6D6 of the BCA Volume One; and

19 Standards for lighting

(1) The standard for lighting in or of internal rooms, corridors and hallways of a rooming house is that the rooms, corridors and hallways have access to light, either natural or artificial, that provides a level of illuminance appropriate to the function or use of those rooms.

(2) The standard for lighting in or of a habitable room in a rooming house is that the room is to have access to—

(a) natural light, including borrowed light from an adjoining room, during daylight hours that provides a level of illuminance appropriate to the function or use of the room; and

(b) artificial light during non-daylight hours that provides a level of illuminance appropriate to the function or use of the room.

20 Standard for gas safety checks

The standard for gas safety checks in a rooming house that contains any appliances, fixtures or fittings that use or supply gas is that—

(a) a gas safety check is to be conducted every 2 years by a licensed gasfitter or registered gasfitter of all gas installations and fittings at the rooming house; and

(b) if a gas safety check referred to in paragraph (a) has not been conducted within the last 2 years at the time a resident occupies the rooming house, a gas safety check is to be completed as soon as practicable.

21 Standard for electrical safety checks

The standard for electrical safety in a rooming house is that—

(a) an electrical safety check is to be conducted at least once every 2 years by a suitably licensed or qualified electrician of all electrical installations, appliances and fittings provided by a rooming house operator at a rooming house; and

(b) if an electrical safety check referred to in paragraph (a) has not been conducted within the last 2 years at the time a resident occupies the rooming house, an electrical safety check is to be completed as soon as practicable.

22 Standard for windows in a rooming house—window coverings

On and from 26 February 2025, the standard for a window in a habitable room in a rooming house likely to be used as a living area, other than a room provided to a resident, is that it is fitted with an internal window covering that—

(a) reasonably blocks light; and

(b) is of a kind ordinarily acquired for personal, domestic or household use or consumption.

23 Standards for corded internal window coverings

(1) The standard for a corded internal window covering installed in a rooming house on or after 1 January 2015 is the Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 of the Commonwealth, as published from time to time.

Note

The Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 of the Commonwealth came into operation on 1 January 2015.

(2) On and from 26 February 2024, the standard for a corded internal window covering in a rooming house that was installed before 1 January 2015 is that—

(a) a loose cord that is part of the window covering cannot form a loop of 220 mm or longer that is less than 1600 mm above floor level; and is secured by either—

(i) a cord guide, no part of which is installed lower than 1600 mm above floor level, unless—

(A) the cord guide will remain firmly attached to a wall or other structure specified in the installation instructions when subjected to a tension force of 70 Newtons applied in any direction for 10 seconds; and

(B) the cord is sufficiently secured or tensioned to prevent the formation of a loop 220 mm or longer; or

(ii) a cleat that is installed against a wall or structure at least 1600 mm above floor level; and

(b) the cord guide or cleat in paragraph (a) is to be installed in a way that—

(i) uses any components specified in the installation instructions as necessary to meet requirements for cord safety; and

(ii) is in accordance with the installation instructions for the corded internal window covering for the purpose of ensuring that a loose cord cannot form a loop as described in paragraph (a).

24 Standards for external windows

(1) On and from 26 February 2023 until 25 February 2024, the standard for each external window of a rooming house that is capable of opening is that each window is able to be securely fixed in a closed or open position without a key.

(2) On and from 26 February 2024, the standard for each external window of a rooming house that is capable of opening is that—

(a) each window is able to be securely fixed in a closed or open position without a key; and

(b) each window is to have a functioning latch, with or without a key, that secures the window against external entry.

25 Standard for entrances

(1) The standard for entrances to a rooming house is that—

(a) each entrance is fitted with a locking device that is operated by a key from the outside and that can be unlocked from the inside without a key; and

(b) the main entrance to a rooming house is to have—

(i) a window, peephole, or intercom system; and

(ii) external artificial lighting during non‑daylight hours that provides a level of illuminance appropriate to allow safe access to the rooming house and to screen visitors to the rooming house.

(2) In this regulation—

key includes—

(a) a device such as an electronic key fob; and

(b) information used to operate a lock such as a personal identification number (PIN) code.

26 Standard for structural soundness

The standard for structural soundness in a rooming house is that the rooming house be structurally sound and weatherproof.

27 Standard for mould and dampness

The standard for mould and dampness in a rooming house is that the rooming house be free from mould and damp caused by or related to the building structure.

Part 3—General

Division 1—Records

28 Requirement to keep record of gas safety check

For the purposes of section 142BA of the Act, the prescribed requirements for the keeping and production of records of gas safety checks are the following—

(a) a record of a gas safety check is to include the following information—

(i) the name of the licensed gasfitter or registered gasfitter who conducted the check;

(ii) the licence or registration number of the licensed gasfitter or registered gasfitter who conducted the check;

(iii) the date the check was conducted;

(iv) the results of the check, including any servicing and repairs required and actions taken to address the repair;

(b) a record of a gas safety check conducted on a standard gas installation is to include a copy of the record of work given to the rooming house operator under regulation 36(3) or 37(3) of the Gas Safety (Gas Installation) Regulations 2018 for each Type A gas appliance that is part of that installation;

(d) within 7 days after receiving a written request by a resident for a copy of the record of the most recent gas safety check, the rooming house operator is to give that copy to the resident.

29 Requirement to keep record of electrical safety check

For the purposes of section 142BA of the Act, the prescribed requirements for the keeping and production of records of electrical safety checks are the following—

(a) a record of an electrical safety check is to include the following information—

(i) the name of the licensed electrician or registered electrician who conducted the check;

(ii) the licence or registration number of the licensed electrician or registered electrician who conducted the check;

(iii) the date the check was conducted;

(iv) the results of the check, including any servicing and repairs required and actions taken to address the repair;

(v) a report prepared in accordance with—

(A) section 2 of AS/NZS 3019, "Electrical installations—Periodic verification"; and

(B) section 2 of AS/NZS 3760, "In‑service safety inspection and testing of electrical equipment and RCD's", as published from time to time;

(b) a record of an electrical safety check is to be kept until a record of the next electrical safety check is created;

(c) within 7 days after receiving a written request by a resident for a copy of the record of the most recent electrical safety check, the rooming house operator is to give that copy to the resident.

30 Production of records

A rooming house operator must ensure that records required to be kept under this Part are made available for inspection by the Director if the Director investigates under section 131A of the Act.

Reg. 30A inserted by S.R. No. 130/2024 reg. 9.

30A Urgent repairs—efficiency rating systems

For the purposes of section 129(4) of the Act, the following systems of rating the efficiency of any appliances, fittings and fixtures are prescribed—

(a) for the water efficiency of an appliance, fitting or fixture, the WELS scheme in the Water Efficiency Labelling and Standards Act 2005;

(b) on and from 1 December 2024, for the energy efficiency of a non‑ducted air conditioner or heat pump, the rating system referred to in paragraph (a) of the definition of GEMS air conditioner rating system;

(c) on and from 1 December 2030, for the energy efficiency of a ducted air conditioner or heat pump, the rating system referred to in paragraph (b) of the definition of GEMS air conditioner rating system.

Reg. 30B inserted by S.R. No. 130/2024 reg. 9.

30B Urgent repairs—levels of ratings in efficiency rating systems

(1) For the purposes of section 129(4) of the Act, the levels of ratings prescribed for any appliances, fittings and fixtures which use or supply water are—

(a) a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 30A(a); or

(b) if, because of the age, nature or structure of the plumbing in the rooming house, a replacement with a 3 star rating referred to in paragraph (a) cannot be installed or, when installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 30A(a) of a replacement appliance, fitting or fixture that will operate effectively.

(2) On and from 1 December 2024 until 30 November 2030, for the purposes of section 129(4) of the Act, in the case of a non‑ducted air conditioner or heat pump referred to in paragraph (b) of the definition of fixed heater, the level of rating prescribed is a 2 star heating rating for the climate zone of the rooming house in the efficiency rating system referred to in regulation 30A(b), unless it is unreasonable to install a non‑ducted air conditioner or heat pump referred to in paragraph (b) of that definition.

(3) Without limiting the grounds on which it is unreasonable to install a non‑ducted air conditioner or heat pump referred to in subregulation (2), it is unreasonable to install a non‑ducted air conditioner or heat pump if—

(a) there is a fixed heater in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or

(b) the cost of installation of the fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or

(d) compliance with any other Act or local law makes the cost of installation prohibitive; or

(e) the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.

(4) On and from 1 December 2030, for the purposes of section 129(4) of the Act, in the case of an energy efficient fixed heater, the levels of ratings prescribed are—

(a) for a non‑ducted air conditioner or heat pump referred to in paragraph (a) of the definition of energy efficient fixed heater, a 2 star heating rating for the climate zone of the rooming house in the efficiency rating system referred to in regulation 30A(b), unless it is unreasonable to install a non‑ducted air conditioner or heat pump referred to in paragraph (a) of that definition; or

(b) for an electric ducted air conditioner or heat pump referred to in paragraph (b) of the definition of energy efficient fixed heater, a Heating Seasonal Performance Factor of 3.2 for the climate zone of the rooming house in the efficiency rating system referred to in regulation 30A(c), unless it is unreasonable to install an electric ducted air conditioner or heat pump referred to in paragraph (b) of that definition.

(5) Without limiting the grounds on which it is unreasonable to install a non‑ducted air conditioner or heat pump under subregulation (4)(a), it is unreasonable to install a non‑ducted air conditioner or heat pump if—

(a) there is an existing energy efficient fixed heater in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or

(b) the cost of installation of the energy efficient fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or

(d) compliance with any other Act or local law makes the cost of installation prohibitive; or

(6) Without limiting the grounds on which it is unreasonable to install an electric ducted air conditioner or heat pump under subregulation (4)(b), it is unreasonable to install an electric ducted air conditioner or heat pump if—

(d) compliance with any other Act or local law makes the cost of installation prohibitive; or

(7) Nothing in this regulation prevents the replacement of an appliance, fitting or fixture with an appliance, fitting or fixture of a level of rating above the level of rating prescribed in subregulations (1), (2) and (4).

Note

See section 129(4) of the Act.

Division 2—Exemptions

31 Director may grant exemption

(1) The Director may exempt a rooming house operator from the obligation to comply with any of the standards set out in these regulations other than regulations 7, 8, 11, 16, 17, 20 and 21.

(2) Any exemption granted under subregulation (1) in respect of any standard may be—

(a) unconditional or on specified conditions; and

(b) either—

(i) a total exemption; or

(ii) an exemption limited to the extent specified by the Director including a limitation as to time.

32 Application for exemption

(1) The Director may grant an exemption under regulation 31 on an application being made by a rooming house operator.

(2) An application under subregulation (1) must be in writing in the form approved by the Director.

33 Grounds upon which an exemption may be granted

(1) The Director must not grant an exemption under regulation 31 unless the Director is satisfied that—

(a) due to the nature, age or structure of the rooming house, it would be unreasonable to modify the rooming house to comply with the relevant standards; or

(b) due to the obligation of a rooming house operator to comply with a competing law, the rooming house operator cannot comply with the relevant standards; or

(2) The Director must not grant an exemption under regulation 31 if the Director considers that granting an exemption poses an immediate threat to the safety of residents.

34 Notice of decision

(1) After considering an application made by a rooming house operator under regulation 31, the Director must give written notice to the rooming house operator of the outcome of that application.

(2) If the Director grants an exemption under regulation 31, the notice under subregulation (1) must include details of—

(a) the rooming house standards from which the rooming house operator has been exempted; and

(b) whether the exemption granted is unconditional or on specified conditions; and

(c) whether the exemption granted is a total exemption or a limited exemption and, if limited, the respects in which it is limited.

35 Notice of exemptions to be published

Any exemptions granted by the Director under regulation 31 must—

(a) provide details of the rooming house operator, the rooming house to which the exemption applies, the exemption granted and the date from which the exemption applies; and

(b) be published in the Government Gazette as soon as practicable after the granting of the exemption.

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Residential Tenancies (Rooming House Standards) Regulations 2023, S.R. No. 10/2023 were made on 21 February 2023 by the Governor in Council under sections 142C and 511 of the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 26 February 2023: regulation 3.

The Residential Tenancies (Rooming House Standards) Regulations 2023 will sunset 10 years after the day of making on 21 February 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Residential Tenancies (Rooming House Standards) Regulations 2023 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024, S.R. No. 130/2024

Date of Making:	26.11.24
Date of Commencement:	Regs 7−9 on 1.12.24: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Reg. 4: S.R. No. 17/2012 as extended in operation by S.R. No. 12/2022. ↑
Reg. 5 def. of gas safety check: S.R. No. 140/2018 as amended by
S.R. Nos 29/2022 and 64/2022.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 10/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

BCA Volume One means Volume One of the National Construction Code Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume; and

BCA Volume Two means Volume Two of the National Construction Code Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5 (definition of ***electrical safety check***) | Australian/New Zealand Standard AS/NZS 3019:2007, "Electrical installations— Periodic verification", as published by Standards Australia and Standards New Zealand on 5 November 2007. | Section 4 |
| Regulations 5 (definition of ***electrical safety check***) and 29(a)(v)(B) | Australian/New Zealand Standard AS/NZS 3760:2022 "In-service safety inspection and testing of electrical equipment and RCD's", as published by Standards Australia and Standards New Zealand on 24 June 2022. | Section 2 |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5 (definition of ***gas safety check***) | Australian/New Zealand Standard AS/NZS 5601.1:2013, "Gas Installations", as published by Standards Australia and Standards New Zealand on 16 September 2013. | The whole |
| Regulation 8(2)(b) | Australian/New Zealand Standard 3000:2018 "Electrical installations (known as the Australian/New Zealand Wiring Rules)", as published by Standards Australia and Standards New Zealand on 26 June 2018. | The whole |
| Regulation 16(a) | Australian Standard AS 3745 —2010 "Planning for emergencies in facilities", as published by Standards Australia on 25 November 2010. | Section 3.5 and Appendix E |
| Regulation 17(a) | Australian/New Zealand Standard 3000:2018 "Electrical installations (known as the Australian/New Zealand Wiring Rules)", as published by Standards Australia and Standards New Zealand on 26 June 2018. | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 17(b)(i) | Australian/New Zealand Standard AZ/NZS 3190:2016 "Approval and test specification—Residual current devices (current‑operated earth‑leakage devices)", as published by Standards Australia and Standards New Zealand on 10 May 2016. | The whole |
| Regulation 17(b)(ii) | Australian/New Zealand Standard 61008.1:2015 "Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCBs): Part 1: General rules", as published by Standards Australia and Standards New Zealand on 23 March 2015. | The whole |
| Regulation 17(b)(iii) | Australian/New Zealand Standard 61009.1:2015 "Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCBOs): Part 1: General rules", as published by Standards Australia and Standards New Zealand on 23 March 2015. | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 18(1)(a) | BCA Volume Two. | Performance Requirement P2.4.5 and Acceptable Construction Practice Part 3.8.5 |
| Regulation 18(1)(b) | BCA Volume One. | Performance Requirements FP4.3, FP4.4 and FP4.5 and Deemed-to- Satisfy Provisions requirements F4.5 |
| Regulation 18(2)(a) | BCA Volume Two. | Performance Requirements H4P5 and Deemed-to-Satisfy Provisions requirement H4D7(2) |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 18(2)(b) | BCA Volume One. | Performance Requirements F6P3, F6P4 and F6P5 and Deemed-to- Satisfy Provisions requirements F6D6 |
| Regulation 23(1) | Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 of the Commonwealth. | The whole |
| Regulation 29(a)(v)(A) | Australian/New Zealand Standard AS/NZS 3760:2022 "In-service safety inspection and testing of electrical equipment and RCD's", as published by Standards Australia and Standards New Zealand on 24 June 2022. | Section 2 |

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 130/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.

In this table—

BCA Volume One means Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume;

BCA Volume Two means Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;

National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time.

| **Statutory rule provision** | | **Title of applied, adopted or incorporated document** | | **Matter in applied, adopted or incorporated document** | |
| --- | --- | --- | --- | --- | --- |
| Regulation 4(a) and (b), which amend regulation 5 of the Residential Tenancies Regulations 2021 (definitions of ***BCA Volume One*** and ***BCA Volume Two***) | | BCA Volume One<br>BCA Volume Two | | The whole | |
| Regulation 4(c), which inserts a definition of ***National Construction Code*** in regulation 5 of the Residential Tenancies Regulations 2021 | | The National Construction Code | | The whole | |
| Regulation 7(a) and (b), which amend regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 (definitions of ***BCA Volume One*** and ***BCA Volume Two***) | | BCA Volume One<br>BCA Volume Two | | The whole | |
| **Statutory rule provision** | | **Title of applied, adopted or incorporated document** | | **Matter in applied, adopted or incorporated document** | |
| Regulation 7(c), which inserts a definition of ***GEMS air conditioner rating system*** in regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 | | Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 made under sections 23 and 35 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth on 25 March 2019 | | The whole | |
| Regulation 7(c), which inserts a definition of ***National Construction Code*** in regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 | | The National Construction Code | | The whole | |
| Regulation 8, which inserts regulation 9A(3)(e), 5(g) and 6(e) in the Residential Tenancies (Rooming House Standards) Regulations 2023 | | **Heritage Act 2017** | | Part 5 | |
| Regulation 9, which inserts regulations 30A(a) and 30B(1)(a) in the Residential Tenancies (Rooming House Standards) Regulations 2023 | | **Water Efficiency Labelling and Standards Act 2005** | | Part 3 | |
| **Statutory rule provision** | | **Title of applied, adopted or incorporated document** | | **Matter in applied, adopted or incorporated document** | |
| Regulation 9, which inserts regulation 30B(3)(e), (5)(e) and (6)(e) in the Residential Tenancies (Rooming House Standards) Regulations 2023 | | **Heritage Act 2017** | | Part 5 | |

↑

1 Residential Tenancies (Rooming House Standards) Regulations 2023

Version No. 002

Residential Tenancies (Rooming House Standards) Regulations 2023

S.R. No. 10/2023

Version incorporating amendments as at
1 December 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provisions 1

3 Commencement 1

4 Revocation 2

5 Definitions 2

Part 2—Standards 8

Division 1—Rooms in a rooming house 8

6 Prescribed standards for rooms in a rooming house 8

7 Standard for door to resident's room 8

8 Standard for power outlets in resident's room 8

9 Standard for windows in resident's room—window coverings 9

9A Standard for heating in resident's room 10

Division 2—Facilities and services 14

10 Prescribed standards for facilities and services provided to residents in a rooming house 14

11 Standards for toilet or bathroom facilities 14

12 Standards for kitchen or food preparation facilities 16

13 Standard for dining facilities 18

14 Standard for laundry facilities 19

Division 3—Rooming houses 19

15 Prescribed standards for rooming houses generally 19

16 Standard for emergency plans and procedures 20

17 Standard for electrical outlets and circuits 20

18 Standards for ventilation 21

19 Standards for lighting 22

20 Standard for gas safety checks 23

21 Standard for electrical safety checks 23

22 Standard for windows in a rooming house—window coverings 24

23 Standards for corded internal window coverings 24

24 Standards for external windows 25

25 Standard for entrances 26

26 Standard for structural soundness 26

27 Standard for mould and dampness 26

Part 3—General 27

Division 1—Records 27

28 Requirement to keep record of gas safety check 27

29 Requirement to keep record of electrical safety check 28

30 Production of records 29

The Regulations are organised around three main conceptual buckets: (1) standards for rooms and fixtures, (2) standards for facilities and building systems, and (3) governance and compliance mechanics. Each concept is implemented through prescriptive sub‑standards, references to industry codes, and a director-led exemption and compliance regime.

Standards for rooms and fixtures
- Privacy and secure entry, reg 7 requires room doors to have locks operable from outside by key (broadly defined to include fobs and PINs) and unlockable from inside without a key. The definition of "key" is deliberately technology‑neutral (reg 7(2)).
- Electrical access, reg 8 imposes a staged requirement. From commencement until 25 Feb 2024 a room must have at least two working power outlets. From 26 Feb 2024 rooms must have at least two unoccupied outlets available to the resident, in safe working order, in addition to outlets used for operator‑provided amenities, and installations must be by suitably licensed electricians per AS/NZS 3000 (reg 8(1)-(2)).
- Windows and window coverings, regs 9 and 22 require resident‑operable coverings that afford privacy, with further requirements from 26 Feb 2025 that they reasonably block light and be household‑type coverings. Corded coverings are regulated for child safety, including federal safety standard application and retrofit requirements (reg 23).
- Heating paths are staged across 2024-2030, moving from allowing a fixed heater unless unreasonable (1 Dec 2024-30 Nov 2025) to requiring a fixed heater unless unreasonable (1 Dec 2025-30 Nov 2030), and from 1 Dec 2030 requiring an energy efficient fixed heater unless unreasonable, with detailed grounds defining "unreasonable" (reg 9A and definitions).
Standards for facilities and building systems
- Shared bathroom privacy latches evolve from a simple privacy latch (26 Feb 2023-25 Feb 2024) to a requirement for a bolt or catch installed by a qualified person, unless unreasonable (from 26 Feb 2024) with examples and limits (reg 11).
- Kitchens and food preparation, reg 12 prescribe what fixtures must be available in‑room or in commons, minimum refrigerator capacities, oven and cooktop ratios per 12 residents, and minimum lockable cupboard capacity per resident.
- Electrical safety is dual: hardware requirements for switchboards and residual current devices (reg 17), plus periodic electrical safety checks every two years by a suitably licensed electrician, with immediate checks required where no recent check exists at new occupation (reg 21).
- Gas installations require a gas safety check every two years by a licensed/registered gasfitter and similar immediate check where none has been done within two years (reg 20). The gas safety check definition is detailed (reg 5).
Governance, records, and exemptions
- Detailed record templates for gas and electrical checks are prescribed (regs 28-29): person’s name, licence number, date, results, servicing/repairs and actions taken, plus retention until the next check and a 7‑day provision obligation to residents on written request. Production for Director inspection is required if the Director is investigating under s 131A of the Act (reg 30).
- Exemption mechanism permits the Director to grant conditional, total or time‑limited exemptions except for a short list of non‑exemptible standards: regs 7 (door locks), 8 (power outlets), 11 (toilet/bathroom latches and shower fixtures), 16 (emergency plans), 17 (electrical outlets and circuits), 20 (gas safety checks) and 21 (electrical safety checks) (reg 31).
- The Director must not grant an exemption unless satisfied that compliance would be unreasonable due to nature, age or structure of the building, or a competing law prevents compliance, or alternative means sufficiently address the standard. The Director must refuse where exemption poses an immediate safety threat (reg 33).

Cross‑cutting technical incorporation: the Regulations rely heavily on other instruments. BCA references set ventilation and other building performance rules (reg 18), AS/NZS and AS standards set electrical and emergency planning norms (reg 17, reg 16, reg 5), GEMS and WELS regimes set energy and water rating requirements for heaters and water fixtures (reg 30A, reg 11(5) and reg 30B). These references mean the substantive technical content is often outside the text itself and will evolve with later versions of those documents unless the enabling references are otherwise frozen, as the Regulations say "as published from time to time" (reg 5 and explanatory table).

Finally, temporal staging is a fundamental device in the instrument. Several obligations either ramp up or change at specified future dates, creating a compliance timeline that operators must track, for example power outlet quality and availability (26 Feb 2024), heating escalation to energy‑efficient heaters by 1 Dec 2030, and window covering light‑blocking requirements by 26 Feb 2025. See regs 8, 9, 9A, 22 and 30A-30B.

Primary regulated parties

Rooming house operators. The Regulations repeatedly address "rooming house operator" duties (for example reg 6, reg 10, regs 28-30) and therefore create direct obligations on operators to provide, maintain and record compliance with the prescribed standards. Operators are the primary payers of installation, maintenance, inspection and compliance costs.
Residents. The Regulations provide residents with rights to privacy and basic facilities (doors unlockable from inside, window coverings that afford privacy, access to light, minimum fridge capacity and storage, access to dining, laundry and kitchen facilities), and statutory access to copies of the most recent gas and electrical safety check records within 7 days upon written request (regs 7, 9, 12, 13, 14, 28(d), 29(c)).

Secondary affected parties

Trades and professionals. Qualified electricians and licensed or registered gasfitters perform required installations and the mandatory biennial safety checks (reg 8(2)(b), reg 20, reg 21). The standards require work "in accordance with" specific AS/NZS standards, which creates demand for trades competent in those standards (regs 17, 21, 29 and explanatory table).
Owners corporations and heritage consent authorities. Owners corporation rules can preclude installation of appliances (referred to explicitly as a ground for being "unreasonable" to install a fixed heater, reg 9A(3)(b) and related subregulations). Similarly, registered places under the Heritage Act 2017 can prevent compliance where a permit to alter has been refused , that refusal is an express "unreasonable" ground (reg 9A(3)(f), (5)(g), (6)(f), and reg 30B references).
Suppliers of appliances. The Regulations set product performance thresholds that affect procurement choices, for example minimum fridge capacities, WELS and GEMS ratings, star ratings and Heating Seasonal Performance Factor thresholds (regs 12, 11(5), 9A, reg 30A and reg 30B).

Who decides and who enforces

The Director, a public official under the Act, has decision power to grant exemptions (reg 31) and is the recipient of records in investigations (reg 30). Exemptions must be published in the Government Gazette (reg 35), so the Director’s decisions create public record and potential reputational effects for operators. The Director may place conditions or limit the scope of exemptions and must consider immediate threats to safety when deciding (regs 31-34).

Who bears the costs

Operators bear upfront capital and ongoing maintenance costs for meeting the standards, including upgrading wiring to AS/NZS 3000, installing fixed and eventually energy‑efficient heaters, providing minimum fridge and kitchen capacities, meeting BCA ventilation or lighting standards as relevant to the building’s class, and commissioning biennial gas and electrical checks. Operators also must retain, produce and publish certain information and may face the administrative cost of exemption applications and publication in the Gazette if an exemption is granted (regs 8, 9A, 12, 17, 18, 20, 21, 28-35).
Residents may face indirect costs via passing-through of compliance costs into rent, though the text of the Regulations does not address cost recovery or rent control directly.

Distributional features

The Regulations contain targeted protections for basic safety and amenity that are non‑exemptible (reg 31(1)), concentrating obligations around life‑safety matters (locks, electrical and gas safety checks, emergency planning). Most amenity standards can be the subject of exemptions, however, which creates a two‑tier compliance possibility dependent on the Director’s assessment of "unreasonable" modification costs or competing legal obligations (regs 31-33). Owners corporations and heritage listings are explicit non‑operator constraints recognised as legitimate grounds for exemption (reg 9A(3), reg 30B(3)-(6)).

Temporal and local distribution

Obligations phase in over time, shifting compliance burdens across years and allowing operators to plan capital replacement rather than immediate retrofit in many cases, but also creating transitional regulatory risk where standards change on specific future dates (see reg 9A stages, reg 8 changes from 26 Feb 2024, reg 22 and reg 9 timing).

Duties imposed on rooming house operators

Install and maintain locking devices on resident room doors such that they operate by key from outside and unlock from inside without a key, with "key" defined to include electronic fobs and PINs (reg 7(1)-(2)).
Provide minimum electrical access to resident rooms: at least two outlets from commencement; from 26 Feb 2024 two unoccupied outlets in safe working order available to the resident in addition to any used by operator‑provided amenities, installed by a suitably licensed electrician in accordance with AS/NZS 3000 (reg 8(1)-(2)).
Fit window coverings that residents can operate and that afford reasonable privacy; from 26 Feb 2025, coverings must reasonably block light and be ordinary domestic types (reg 9(1)-(2), reg 22).
Comply with a staged heating mandate from Dec 2024 to Dec 2030 onward, progressively requiring fixed then energy efficient fixed heaters unless it is unreasonable to install one on listed grounds (reg 9A(1)-(4)). Installations must follow manufacturer instructions and, where required, fix heaters to structure (reg 9A(1)(b), (2)(b), (4)(b)).
Ensure shared toilet/bathroom doors have privacy hardware: between 26 Feb 2023 and 25 Feb 2024 a privacy latch, and from 26 Feb 2024 a bolt or catch installed by a qualified person unless unreasonable (reg 11(1)-(4)). Showers must have at least a 3‑star WELS rated head from 26 Feb 2024 where a shower is present, subject to narrow exceptions for plumbing constraints (reg 11(5)).
Provide minimum kitchen equipment and storage: sinks, cooktops, ovens, refrigerators with specified minimum capacities, and lockable cupboard storage per resident, with staged enhancements from 26 Feb 2024 that specify combined refrigerator capacity in common areas (reg 12(1)-(2)).
Provide dining chairs and tables equal to the maximum number of residents either in‑room or in common areas (reg 13).
Provide laundry facilities, including plumbed troughs and a clothes line from commencement, and from 26 Feb 2024 include at least one washing machine for every 12 residents (reg 14).
Maintain building safety systems: evacuation diagrams meeting AS 3745 to be displayed in each resident room and common areas (reg 16); ensure switchboards and residual current devices meet specified AS/NZS standards (reg 17); ensure ventilation and lighting meet the BCA and adequate illuminance appropriate to use (regs 18-19); perform gas safety and electrical safety checks every 2 years, and prior to occupation if none in the preceding two years (regs 20-21).
Keep records of gas and electrical checks with specific content, retain until the next check, and provide copies to residents within 7 days on written request, and make records available to the Director during investigations (regs 28-30).

Rights conferred to residents

Right to privacy and secure locks that can be opened from inside without a key, reg 7.
Right to minimum amenity levels: electrical outlets, access to kitchen, dining, laundry and refrigeration facilities, reasonable lighting and ventilation, working bathroom/shower fixtures and privacy latches (regs 8, 11-14, 18-19).
Right to obtain a copy of the most recent gas and electrical safety check record within 7 days on written request, and to expect checks at least every two years or on occupation if none in last two years (regs 20, 21, 28(d), 29(c)).
Right to have an evacuation diagram displayed in their room and in all common areas, reg 16.

Limits on exemptions and non‑derogable duties

The Director cannot exempt operators from certain core standards: regs 7 (room door locking), 8 (power outlets), 11 (bathroom privacy latches and shower WELS requirements), 16 (emergency plans), 17 (electrical outlets and circuits switchboard/RCD requirements), 20 (gas safety checks) and 21 (electrical safety checks) are expressly non‑exemptible under reg 31(1). That creates a defined set of baseline non‑negotiable duties.

Procedural duties

If applying for an exemption, the operator must apply in a form approved by the Director, and the Director must provide written notice of the decision including the scope and conditions of any exemption; exemptions must be published in the Government Gazette (regs 32-35). The Director must be satisfied of limited grounds before granting an exemption and must not grant one that poses an immediate safety threat (reg 33).

Technical compliance duties

Work involving electrical or gas installations must comply with specified AS/NZS standards and be carried out by suitably licensed or qualified persons, for example AS/NZS 3000 for wiring, AS/NZS 3019 and AS/NZS 3760 for inspection/testing, and AS/NZS 5601.1 for gas installation checks (reg 8(2)(b), reg 29(a)(v)(A)-(B), reg 5, explanatory table).

Record‑keeping formality

Records must include the name and licence/registration number of persons who conducted the checks, the date, results including servicing and repairs required, and actions taken, and for gas checks also the record of work for Type A appliances on standard gas installations as per the Gas Safety (Gas Installation) Regulations 2018 (regs 28-29).

Statutory architecture and oversight

The Regulations do not specify monetary penalties or infringement measures within the text provided. Enforcement architecture flows from the parent Act. The Regulations were made under ss 142C and 511 of the Residential Tenancies Act 1997 (reg 2), and the Director is given inspection and exemption functions under these Regulations. The Director can request and inspect records during an investigation under s 131A of the Act (reg 30). Exemptions granted by the Director must be recorded, conditioned, and published in the Government Gazette (regs 34-35).

What the Regulations require of enforcement actors

The Director has a positive role in compliance oversight: the Director may investigate, must be provided records when investigating (reg 30), may give or refuse exemptions under defined grounds (regs 31-33), and must notify applicants in writing of the outcome with detail of any exemption conditions (reg 34). Exemptions must be published (reg 35). Those procedural duties create a public record and transparency around deviations from the standards.

Practical consequences and likely enforcement levers

Because the Regulations rely on the Act for prosecutorial, sanctioning and remedial powers, practical enforcement will likely use the Act’s authorisations for compliance notices, penalties, orders to repair or other remedies found in the Residential Tenancies Act 1997. The Regulations strengthen the Director’s investigatory reach by mandating record availability to the Director in investigations (reg 30) and require operators to keep specific records and to provide copies to residents on request within 7 days (regs 28-29). Non‑compliance with records duties or with the technical standards could therefore be the basis for enforcement action under the Act.

Absence of express penalties in the Regulations, and implications

The text of the Regulations does not set fines or infringement penalties. That absence means practitioners must consult the parent Residential Tenancies Act 1997 for particulars on sanctions, orders, and enforcement procedures that the Director or courts may apply. The Regulations do, however, create administrative obligations that interact with the Act’s enforcement mechanisms: failure to produce records during an investigation could be an aggravating non‑compliance circumstance that triggers statutory remedies under the Act. The Regulations’ publication requirement for any exemption introduces reputational and disclosure costs that operate alongside statutory enforcement (reg 35).

Operational enforcement issues and risks

The Director’s discretion in grants of exemptions is bounded by statutory criteria but still involves administrative judgment about "unreasonable" costs, competing law obligations, and whether alternative means sufficiently address standards (reg 33). Those determinations are fact‑sensitive and therefore create litigation risk or appeal possibilities, though the Regulations do not set appeal pathways explicitly; appeals would be governed by administrative law and any appeal mechanisms in the Act.
Enforcement of technical standards will depend on the Director’s capacity to inspect and audit compliance and on the availability of records that are specified to be retained and produced (regs 28-30). If records are inadequate, the Director’s investigation will likely trigger remedial directions under the Act.

Evidence and proof burdens

The Regulations specify the content of records that must be kept for gas and electrical checks, including licence/registration numbers and dates, which creates a clear evidential record for enforcement. For exemptions based on "unreasonable" installation costs, the operator will need to produce documentary evidence on cost comparisons (for example, to show "significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house"), owners corporation rules, competing law obligations, or heritage permit refusals (reg 9A(3), reg 30B). The Regulations therefore allocate documentary burdens to operators seeking relief.

Publication and transparency as enforcement adjuncts

The obligation to publish exemptions in the Government Gazette (reg 35) creates a transparency channel that may inform regulators, tenants and the market about which operators have secured departures from standards and under what conditions.

Direct statutory interlocks and cross‑references

The Regulations are made under ss 142C and 511 of the Residential Tenancies Act 1997 (reg 2). Many standards are expressed by reference to external statutory schemes and technical codes, which means compliance depends on those other laws and documents:
- Building Code of Australia (BCA), Volume One and Two are incorporated for ventilation and other building performance standards (reg 18, explanatory table).
- AS/NZS and Australian Standards are incorporated for electrical wiring, safety inspections, RCDs and emergency planning, for example AS/NZS 3000 (Wiring Rules) for installations (reg 8(2)(b) and reg 17(a)), AS/NZS 3019 and AS/NZS 3760 for electrical safety checks (reg 5 definition and reg 29), AS 3745 for evacuation diagrams (reg 16).
- Gas Safety Act 1997 and the Gas Safety (Gas Installation) Regulations 2018 are referenced for gas installation definitions and servicing standards, and the gas safety check definition echoes AS/NZS 5601.1 (reg 5 and explanatory note).
- Greenhouse and Energy Minimum Standards (GEMS) and the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 are used for star ratings and Heating Seasonal Performance Factors for heating requirements (definitions and regs 9A, 30A-30B).
- WELS scheme under the Water Efficiency Labelling and Standards Act 2005 is invoked to define showerhead efficiency obligations and urgent repair rating regimes (reg 11(5), reg 30A and reg 30B).
- The Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 (Commonwealth) applies to corded internal window coverings installed on or after 1 Jan 2015 (reg 23(1)).

Conflicts and competing obligations

The Regulations explicitly recognise competing legal constraints as grounds for exemption. For example, owners corporation rules or compliance with other Acts or local laws that make installation prohibitive are expressly contemplated in the "unreasonable" tests that permit exemption (reg 9A(3)(b)-(c), reg 30B(3)(b)-(d)). Where competing laws or instrument provisions require alternate treatments, the Director has a statutory pathway to exempt an operator after considering whether the operator is prevented from complying with the standards (reg 33(1)(b)).

Heritage law interactions

The Regulations expressly address registered places under the Heritage Act 2017. If a permit to alter relevant features to comply with these standards has been refused under s 101 of the Heritage Act 2017, that refusal is an enumerated ground for being "unreasonable" to install heaters or efficient heaters (reg 9A(3)(f), (5)(g), (6)(f) and reg 30B(3)(e),(5)(e),(6)(e)). That creates a direct legal interaction in which a heritage consent refusal can form a statutory basis for exemption.

Consumer product safety and federal standards

The Regulations adopt a federal product safety standard for corded internal window coverings, and WELS and GEMS ratings derive from Commonwealth schemes. That means operators must track federal as well as state standards for compliance (reg 23(1), reg 11(5), reg 30A-30B).

Administrative law and regulation of discretion

The Director’s functions to grant exemptions, with mandatory reasons and publication (regs 32-35), are administrative actions subject to public law controls such as reasonableness and natural justice. The Act’s administrative enforcement framework (for example s 131A referenced in reg 30) will determine procedural protections and appeal pathways, but the Regulations themselves bind the Director to publish and provide reasons for exemptions.

Regulatory layering and technical standards by reference

Because many standards are expressed by reference to external codes "as published from time to time" (reg 5), operators must follow changes in those external instruments. This layering means that future amendments to the BCA, AS/NZS standards, or Commonwealth rating instruments may indirectly alter rooming house obligations without further local rule‑making.

Foundational instruments and revocation

The Regulations were made on 21 February 2023 and commenced on 26 February 2023 (Endnotes and reg 3). They revoke the previous Residential Tenancies (Rooming House Standards) Regulations 2012 (reg 4).

Subsequent amendments incorporated in this publication

The publication includes amendments made by the Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024, S.R. No. 130/2024, with the date of making 26 November 2024 and partial commencements on 1 December 2024 for certain provisions (Table of Amendments and explanatory details). The 2024 amendment inserted definitions (for example National Construction Code, GEMS air conditioner rating system, energy efficient fixed heater, fixed heater, climate zone), inserted reg 9A (heating standards), and regs 30A and 30B (urgent repairs efficiency rating systems and prescribed rating levels), and amended the definition entries for BCA Volume One and Two (see Table of Amendments and explanatory table). The instrument specifies the precise regs affected by S.R. No. 130/2024 (endnotes Table of Amendments).

Earlier amendments incorporated by reference

The explanatory details note prior subordinate rules that amended definitions relevant to gas safety check, for example S.R. No. 140/2018 as amended by S.R. Nos 29/2022 and 64/2022, which affected the definition and content of gas safety checks (Endnotes, explanatory details). Those historical subordinate rules are recorded in the endnotes to show the evolution of the applied standards list.

Incorporation of external standards

The version incorporates applied, adopted or incorporated matter including AS/NZS 3019:2007, AS/NZS 3760:2022, AS/NZS 5601.1:2013, AS/NZS 3000:2018, AS 3745:2010, AS/NZS 3190:2016, AS 61008.1:2015 and AS 61009.1:2015, and BCA Volume One and Two references. The explanatory table in the instrument identifies the specific sections or whole documents adopted and the statutory rule provisions that incorporate them (explanatory details, Table of Applied, Adopted or Incorporated Matter).

Sunset

The Endnotes record that the Regulations will sunset 10 years after the day of making, namely 21 February 2033, pursuant to s 5 of the Subordinate Legislation Act 1994.

Practical implications of amendments

The S.R. No. 130/2024 amendments introduced an energy efficiency trajectory for heating systems, which phases in higher energy performance standards and connects urgent repair replacement ratings to GEMS ratings (regs 9A, 30A, 30B). That amendment therefore shifts long‑term capital planning for operators who must meet energy efficiency thresholds by fixed dates. The amendment also aligned BCA references to the National Construction Code wording and updated definitions to ensure the Regulations draw on the most recent national codes (Table of Amendments).

Documentation and public record

Exemptions must be published in the Government Gazette as soon as practicable after grant (reg 35), and the instrument’s endnotes provide a formal public record of the Regulations’ amendment history and the external materials they incorporate.

Textual record in the instrument

The Regulation text, explanatory details and endnotes make no mention of judicial decisions, tribunal rulings, or litigation testing these provisions. No cases are named in the instrument. The legislative materials therefore do not record any litigation history.

What that absence implies

The absence of litigation history in the Regulations does not mean there will be no future litigation. The Director’s discretionary exemption decisions (regs 31-34), the interpretation of "unreasonable" grounds for non‑installation or exemption, and interactions with heritage and owners corporation law create fact‑sensitive points that could be the subject of administrative review or judicial challenge. Similarly, compliance disputes about technical standards (for example whether a particular heater meets "energy efficient fixed heater" criteria under the GEMS rating for a climate zone) could give rise to contractual or regulatory disputes that end up in court or tribunal.

How to search for subsequent litigation

Practitioners should check administrative decisions and tribunal databases for cases interpreting the Residential Tenancies Act 1997 and its rooming house standards in their jurisdiction, and inspect any published exemption notices in the Government Gazette (reg 35) which may provide factual matrices that later generate disputes. Because the Regulations reference external technical standards, disputes could also arise in courts or specialist tribunals over the application of those standards to particular installations.

References to external documents "as published from time to time"

Many technical obligations incorporate external standards by reference and expressly state "as published from time to time" (reg 5 and explanatory table). That means the operative requirement may change when Standards Australia, the Australian Building Codes Board or Commonwealth bodies update standards or rating schemes. Operators must monitor updates to AS/NZS standards, the BCA/NCC, the GEMS Determination and WELS rules to ensure continued compliance.

Staged compliance dates create transitional risk

Several standards are phased in (reg 8 power outlets, reg 9 window coverings, reg 9A heating across 2024-2030, reg 22 windows from 26 Feb 2025, reg 23 corded retrofits from 26 Feb 2024, reg 14 laundry washing machines from 26 Feb 2024). Operators who misunderstand staging dates may be exposed to enforcement once a new standard commences. The Regulations create distinct obligations at different cutoff dates and require monitoring of those dates.

The "unreasonable" test is fact‑sensitive and places documentary burdens on operators

Multiple exemptions and "unless unreasonable" carve outs turn on whether installation is "unreasonable" because of cost, owners corporation rules, competing laws or heritage permit refusals (reg 9A(3)-(6), reg 30B(3)-(6), reg 11(4)). The Regulations do not quantify "significantly higher" cost, so operators seeking exemption should compile contemporaneous cost estimates, evidence of owners corporation rules, and copies of any refusing heritage permits to satisfy the Director under reg 33(1). That creates an evidential burden and potential for dispute over how to measure "average cost" of installation in an equivalent class of building.

Owners corporation and heritage constraints are expressly recognised but operationally tricky

Owners corporation rules can prevent installation of required appliances, and a heritage permit refusal under the Heritage Act 2017 is an explicit ground for being "unreasonable" to install. Operators must manage multiple institutional decision makers, for example securing owners corporation approval or heritage permits, and prepare to justify exemption applications if approvals cannot be obtained (reg 9A(3)(b),(f)).

Cord safety technical thresholds and retrofit performance specs

For corded internal window coverings installed before 1 Jan 2015, reg 23(2) prescribes specific physical conditions for loose cords: loops of 220 mm or longer cannot form at less than 1600 mm above floor level, and cord guides must be installed no lower than 1600 mm unless certain tensile performance can be demonstrated (70 Newtons for 10 seconds). Operators retrofitting coverings must ensure installation meets these precise technical measures, which may require specialist installers and testing to confirm compliance.

Record contents and production timeframes are prescriptive

The Regulations provide exact contents for gas and electrical safety check records, require retention until the next check, and impose a 7‑day delivery requirement to residents upon written request (regs 28-29). Failure to maintain proper records or to supply them within seven days risks regulatory scrutiny during Director investigations under reg 30, where the Director may inspect records.

Non‑exemptible standards concentrate risk

Certain standards are non‑exemptible under reg 31(1): room door locks (reg 7), power outlets (reg 8), bathroom latches and shower WELS (reg 11), emergency plans (reg 16), electrical switchboards and RCDs (reg 17), gas checks (reg 20) and electrical checks (reg 21). These non‑exemptible items focus regulators on core safety functions and restrict relief routes for operators.

Measurement and equivalence problems

Several tests refer to "average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house" (reg 9A(3), (5), (6) and reg 30B(3)-(6)). Determining the appropriate comparator, identifying data sources for "average cost", and establishing equivalence of building class in practice may be complex and contentious.

Absence of express penalties in the Regulations

The Regulations do not set out express penalties or infringement notices. Practitioners will need to consult the Residential Tenancies Act 1997 to understand enforcement instruments, penalties, and remedial processes. This separation of substance (standards in the Regulations) and sanction architecture (in the Act) can complicate compliance planning.

Gaps between standard and retrofit feasibility

Some standards condition compliance on plumbing or building age which may make certain upgrades infeasible without major works, for example installing 3‑star WELS shower heads if plumbing cannot support them (reg 11(5)(b)). Operators must document plumbing constraints or seek exemptions.

Immediate steps (administrative and documentary)

Map staged obligations to property portfolio. Create a compliance calendar keyed to the Regulations’ key dates: 26 Feb 2023, 26 Feb 2024, 1 May 2023 (ventilation reference change), 1 Dec 2024, 1 Dec 2025, 1 Dec 2030, and 26 Feb 2025 for window coverings. For each property record the building class (Class 1b, Class 3 or other) to determine which BCA clauses and performance requirements apply (reg 18).
Assemble a compliance file for each property that includes: room plans, inventory of current fixed appliances, evidence of owners corporation rules, heritage registration status and any permit decisions, recent electrical and gas inspection reports, records of past repairs and maintenance, and a log of resident requests for records with response times. The Regulations specify what must be in gas and electrical safety check records (regs 28-29), and these must be retained until the next check.

Gas and electrical safety regime

Commission gas safety checks and electrical safety checks at the latest every two years by licensed/registered practitioners meeting the Regulations’ definitions (regs 20-21, reg 5). Ensure reports include the practitioner’s name and licence/registration number, date, results with remedial actions, and where a gas check is of a standard gas installation, attach the record of work provided under the Gas Safety (Gas Installation) Regulations 2018 (reg 28(b)).
Keep the reports until the next check and set up a process to deliver copies within 7 days to any resident who makes a written request (regs 28(c)-(d), reg 29(b)-(c)). Maintain electronic backups and a searchable index keyed by premises and date for Director production on investigation (reg 30).

Electrical installations and outlets

For any electrical installation work, use suitably licensed electricians and ensure the wiring and outlet installations comply with AS/NZS 3000 (reg 8(2)(b), reg 17(a)). From 26 Feb 2024, ensure rooms have at least two unoccupied outlets available to the resident in safe working order, in addition to outlets used for operator‑provided amenities, and keep documentation of which outlets are assigned for operator use versus resident use (reg 8(2)(a)(i)-(ii)).

Heating strategy and plan

Produce a heating compliance roadmap per premises: identify current heater types, whether existing heaters are "fixed" or "energy efficient fixed heaters" as defined, and whether owners corporation rules or heritage considerations apply. Where the Regulations permit an exemption because installation is "unreasonable", prepare cost‑comparison documentation showing expected installation cost relative to the "average cost of installation in a Class 1, 2 or 3 equivalent building", or documentation of owners corporation rules or heritage permit refusals (reg 9A(3)-(6)). For properties where full compliance by 1 Dec 2030 is feasible, plan capital replacement to meet GEMS thresholds for the climate zone, and retain manufacturer and climate‑zone rating documentation.

Window coverings and cord safety

Audit existing window coverings noting installation dates. For coverings installed on or after 1 Jan 2015 ensure they meet the Commonwealth Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 (reg 23(1)). For pre‑2015 installations, by 26 Feb 2024 ensure cords cannot form loops of 220 mm or longer that are less than 1600 mm above floor level, and install cord guides or cleats as specified, ensuring cord guides are installed at or above 1600 mm or meet the 70 N tensile requirement (reg 23(2)). Retain installation instructions and product documentation as evidence.

Kitchens, laundry and dining

Verify kitchens deliver the prescribed minimums: sinks and food preparation areas in‑room or in common, oven and cooktop ratios per 12 residents, and refrigerator capacity minima: 80 L per in‑room fridge or 400 L baseline in common areas plus 28.5 L per additional resident beyond the four‑resident baseline, as calculated in reg 12(2)(c)(ii). From 26 Feb 2024 ensure laundry provision includes one washing machine per 12 residents and that showerheads meet WELS 3‑star criteria where required (reg 14(2), reg 11(5)).

Emergency planning, ventilation and lighting

Prepare evacuation diagrams compliant with section 3.5 and Appendix E of AS 3745, and display them prominently in each resident room and all common areas (reg 16). Ensure ventilation and lighting for the building class meet the referenced BCA Performance Requirements or Deemed‑to‑Satisfy provisions applicable from the relevant dates (reg 18, reg 19). Keep evidence of compliance with the BCA clauses and any technical assessments used to demonstrate compliance.

Exemptions: application, content and evidence

If compliance is genuinely unreasonable, apply to the Director using the approved written form (reg 32). Anticipate the Director will require clear documentary evidence of the grounds asserted under reg 33, for example:
- cost evidence including itemised quotes and market comparators to show costs are "significantly higher than the average cost of installation" for an equivalent class building;
- owners corporation rules and minutes showing prohibition of an appliance; and
- heritage permit refusals under s 101 of the Heritage Act 2017.
Provide a safety risk assessment to demonstrate alternative measures sufficiently address the standard if relying on alternative means under reg 33(1)(c). Prepare for public disclosure because any exemption must be published in the Government Gazette (reg 35).

Record retention and resident requests

Implement a records management system that stores the prescribed elements of gas and electrical safety check reports, retains each record until superseded by the next check, and supports timely provision of copies to residents within 7 days on written request (regs 28-29). Ensure staff understand the 7‑day timeframe and maintain templates for resident requests and responses.

Procurement and product selection

Choose appliances and fittings that meet the standardised performance thresholds: GEMS star ratings for heaters by climate zone as required by reg 30B, WELS 3‑star showerheads where applicable, refrigerators with the required gross capacities and ovens/cooktops sized and counted as prescribed. Keep purchase invoices, model numbers, and manufacturer documentation to evidence compliance with rating thresholds.

Audit and monitoring

Institute periodic internal audits aligned with biennial gas and electrical inspections, and a rolling upgrade plan for staged requirements due in 2024, 2025 and 2030. Use the audit to identify potential exemption candidates early, collect appropriate evidence, and, if required, make timely applications to the Director with the documentation the Director will need to assess the "unreasonable" ground.

Engage professional advisers

Engage qualified electricians, licensed gasfitters, building code consultants and, if heritage constraints exist, heritage consultants to evaluate feasible works, prepare necessary permit applications, and provide technical reports that will support compliance or an exemption application under reg 33.

By following a structured compliance roadmap that maps obligations to dates, documents trades and licences, preserves records in the prescribed form, and prepares robust evidence where exemptions are needed, operators can manage the Regulation’s technical complexities and administrative requirements.

Residential Tenancies (Rooming House Standards) Regulations 2023

Plain English Summary

Deep Dive

What it does

Current sections

Residential Tenancies (Rooming House Standards) Regulations 2023

Source text: opening excerpt

1 Residential Tenancies (Rooming House Standards) Regulations 2023

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