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 1building 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 2building 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
(c) an electric heater that is not designed or manufactured to be solely portable;
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
(c) for a standard gas installation, servicing all Type A gas appliances that are part of that installation;
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
(c) compliance with any other Act or local law makes the cost of installation prohibitive; 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
(c) compliance with any other Act or local law makes the cost of installation prohibitive; 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—
(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
(c) compliance with any other Act or local law makes the cost of installation prohibitive; 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.
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
(c) compliance with any other Act or local law makes the cost of installation prohibitive.
(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;
(c) an oven that is in good working order—
(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;
(c) one or more refrigerators 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—
(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;
(c) a clothes line or other clothes drying facility.
(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
(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.
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;
(c) a record of a gas safety check is to be kept until a record of the next gas safety check is created;
(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
(c) owners corporation rules prohibit installation of the appliance; 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
(c) owners corporation rules prohibit installation of the appliance; 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.
(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—
(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
(c) owners corporation rules prohibit installation of the appliance; 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.
(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
(c) the rooming house operator has sufficiently addressed the relevant standards by alternative means.
(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.
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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
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 | |