Residential Tenancies Amendment (Minimum Energy Efficiency Standards) Regulations 2025 (Vic)

Residential Tenancies Amendment (Minimum Energy Efficiency Standards) Regulations 2025

S.R. No. 63/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Efficiency rating systems

7New regulation 23A inserted

8Ratings—residential rental provider's liability for charges for supply to non‑complying appliances

9New regulation 24A inserted

10Modifications for which residential rental provider must not unreasonably refuse consent

11Regulation 29 substituted

12Rating compliance for residential rental provider's appliances

13New regulation 31A inserted

14Compliance with efficiency systems for urgent repairs by renter

15New regulation 33A inserted

16Schedule 1—Forms

17Schedule 4—Rental minimum standards

18New Schedule 6 inserted

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Endnotes

STATUTORY RULES 2025

S.R. No. 63/2025

Residential Tenancies Act 1997

Residential Tenancies Amendment (Minimum Energy Efficiency Standards) Regulations 2025

The Governor in Council makes the following Regulations:

Dated: 1 July 2025

Responsible Minister:

NICK STAIKOS
Minister for Consumer Affairs

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Residential Tenancies Regulations 2021—

(a)to prescribe further systems of rating the efficiency of appliances, fixtures and fittings and levels of rating in those systems; and

(b)to prescribe rental minimum standards for shower heads, heating, cooling, ceiling insulation, draughtproofing and water heaters; and

(c)to make minor amendments to certain prescribed forms.

2Authorising provision

These Regulations are made under section 511 of the Residential Tenancies Act 1997.

3Commencement

These Regulations come into operation on 1 July 2025.

4Principal Regulations

In these Regulations, the Residential Tenancies Regulations 2021[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5 of the Principal Regulations insert the following definitions—

'augmentation has the same meaning as in the National Electricity (Victoria) Law;

basic connection service has the same meaning as in Chapter 5A of the National Electricity Rules;

certificate of electrical safety means a certificate under section 45A(1) of the Electricity Safety Act 1998;

community housing means housing owned, controlled or managed by a participating registered agency (other than under the Victorian Affordable Housing Programs);

distribution system has the same meaning as in the National Electricity (Victoria) Law;

electrical installation worker has the same meaning as in the Electricity Safety Act 1998;

electrical work has the same meaning as in the Electricity Safety Act 1998;

energy efficient fixed cooler means—

(a)a non‑portable, non‑ducted electric air conditioner or heat pump capable of cooling, with a 3 star or above cooling rating in the energy rating system prescribed in regulation 23(1)(ba); or

(b)a ducted electric air conditioner or heat pump capable of cooling, with a Total Cooling Seasonal Performance Factor of 3.8 or above in the energy rating system prescribed in regulation 23(1)(bb);

energy efficient fixed heater means—

(a)on and from 1 July 2025 until 28 February 2027—

(i)a non‑portable, non‑ducted air conditioner or heat pump with a 2 star or above heating rating in the energy rating system prescribed in regulation 23(1)(ba); or

(ii)a non‑portable gas space heater with a 2 star or above heating rating in the energy rating system prescribed in regulation 23(1)(d); or

(iii)a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or

(iv)a domestic solid fuel burning appliance; and

(b)on and from 1 March 2027—

(i)an electric, non‑portable, non‑ducted air conditioner or heat pump capable of heating with a 2 star or above heating rating in the energy rating system prescribed in regulation 23(1)(ba); or

(ii)an electric ducted heating system with a Heating Seasonal Performance Factor of 3.2 or above in the energy rating system prescribed in regulation 23(1)(bb) for ducted systems;

energy efficient water heater means a heat pump water heater or solar water heater that complies with—

(a)the minimum energy savings specified in Table B2D2b in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems prescribed in regulation 23(1)(bc); or

(b)the minimum small‑scale technology certificates specified in Table B2D2a in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems prescribed in regulation 23(1)(bc);

fixed cooler means a cooler that is not designed or manufactured to be portable;

fixed heater means a heater that is not designed or manufactured to be portable;

flueless gas cooking appliance means a cooking appliance that—

(a)uses gas to produce flame or heat; and

(b)is designed not to discharge its flue gases through a flue;

flueless space heater means a heating appliance that—

(a)uses gas to produce flame or heat for the purpose of space heating; and

(b)is designed not to discharge its flue gases through a flue;

foil or foil‑faced bulk insulation product means a bulk insulation product with a reflective metallic surface which is—

(a)readily able to conduct electricity; and

(b)laminated onto paper, plastic or bulk insulation materials; and

(c)available as continuous or separate metal foil products;

GEMS (Air Conditioners up to 65kW) Determination means the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019, or any corresponding subsequent determination, made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth;

GEMS (Dishwashers) Determination means the Greenhouse and Energy Minimum Standards (Dishwashers) Determination 2015, or any corresponding subsequent determination, made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth;

heat pump water heater means an electric powered water heater using a vapour compression cycle and incorporating a compressor, an evaporator and a condenser, which delivers heat to the water either directly or indirectly;

licensed electrician means an electrical installation worker holding an electrician's licence under Division 2 of Part 3 of the Electricity Safety (Registration and Licensing) Regulations 2020;

National Electricity Rules has the same meaning as in the Electricity Industry Act 2000;

open‑flued gas appliance means an indoor gas appliance that—

(a)uses a gaseous fuel to produce flame, heat, light, power or an aesthetic effect; and

(b)is designed to be connected to a flue system; and

(c)draws combustion air from the room or space in which it is installed;

participating registered agency has the same meaning as in section 4(1) of the Housing Act 1983;

Plumbing Code of Australia has the same meaning as in Part 12A of the Building Act 1993;

pre‑insulation installation electrical safety checklist, in relation to premises, means a record—

(a)showing that the following checks have been carried out by a licensed electrician or a registered electrical contractor—

(i)all power to the premises, including onsite generation sources, can be isolated safely;

(ii)there is no cabling or equipment in the ceiling space that remains connected to an electricity supply or charged after the mains switchboard is isolated;

(iii)any photovoltaic (PV) array direct current cables in the ceiling space are labelled in accordance with AS/NZS 5033, "Installation and safety requirements for photovoltaic (PV) arrays", as published from time to time;

(iv)in the case of premises in which a PV array cable is installed in a ceiling space, a warning sign is installed adjacent to the access point, in accordance with clause 5.3.1.2 of AS/NZS 5033, "Installation and safety requirements for photovoltaic (PV) arrays", as published from time to time;

(v)each final subcircuit in the ceiling space is connected to a Residual Current Device;

(vi)wiring and cables present in ceiling spaces are safe;

(vii)wiring and cables present in ceiling spaces are clearly identified in accordance with clause 4.3 of AS 3999, "Bulk thermal insulation—Installation", as published from time to time;

(viii)wiring and cable joints in ceiling spaces are safely enclosed;

(ix)any electrical appliances, lighting, exhaust fans and flues present in ceiling spaces are clearly identified;

(x)any existing ceiling insulation is clearly identified;

(xi)any electrically conductive insulation present in the ceiling space is assessed in accordance with clause 4.3 of AS 3999, "Bulk thermal insulation—Installation", as published from time to time;

(xii)in the case of premises in which recessed luminaries are installed in roof spaces, a warning sign has been installed in the roof space adjacent to the access panel in accordance with clause 4.3 of AS 3999, "Bulk thermal insulation—Installation", as published from time to time;

(xiii)ceiling spaces are free from electrical hazards which may cause harm to a person installing insulation;

(xiv)any electrically conductive conduit present in the ceiling space is properly earthed in accordance with the AS/NZS 3000, "Electrical installations", as published or amended from time to time;

(xv)in the case of premises in which there a consumer mains cable or solar PV cable in the ceiling space that is not in conduit, a record of the presence of the cable;

(xvi)in the case of premises in relation to which the licensed electrician or the registered electrical contractor recommends that electrical work or other work is carried out before insulation work is commenced, a description of the work that is recommended;

(xvii)in the case of premises to which work recommended under subparagraph (xvi) is carried out before insulation work is commenced, a description of the work that is carried out; and

(b)containing the following—

(i)the address of the premises;

(ii)the name, licence or registration number and signature of the licensed electrician or registered electrical contractor carrying out the checks;

(iii)the date on which the checks are carried out;

(iv)the signature of the owner of the premises or their representative;

(v)if electrical work has been carried out, the signature of the licensed electrician or the registered electrical contractor carrying out the work;

(vi)the number appearing on the certificate of electrical safety completed in respect of any electrical work carried out;

registered electrical contractor means an electrical contractor registered under Division 3 of Part 2 of the Electricity Safety (Registration and Licensing) Regulations 2020;

RE (Method for Solar Water Heaters) Determination means the Renewable Energy (Method for Solar Water Heaters) Determination 2016, or any corresponding subsequent determination, made under the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;

small‑scale technology certificate has the same meaning as in section 5(1) of the Renewable Energy (Electricity) Act 2000 of the Commonwealth;

specialised housing program means a program where accommodation is provided on a temporary, non‑profit basis—

(a)by a person or body who receives funding at the direction of the Minister for Housing or the Minister for Prevention of Family Violence; and

(b)for persons—

(i)who are experiencing homelessness or are at risk of experiencing homelessness; or

(ii)who are being subjected to family violence or are at risk of being subjected to family violence;

solar pre‑heater means a solar water heater without a booster heating unit;

solar water heater means an electric system for heating water that includes a solar collector and a container that heats water by means of radiant energy from the sun;

Examples

1.    A single container solar water heater with electric boosting.

2.    2 or more solar pre‑heat containers connected to each other and to an electric booster.

3.    A solar pre‑heater coupled with a conventional electric storage water heater.

standard connection service has the same meaning as in Chapter 5A of the National Electricity Rules;

transmission system has the same meaning as in the National Electricity (Victoria) Law;'.

(2)In regulation 5 of the Principal Regulations—

(a)for the definition of Building Code of Australia substitute—

"Building Code of Australia, except in clause 13 of Schedules 4 and 6, has the same meaning as in section 3(1) of the Building Act 1993;";

(b)for the definition of water efficient shower head substitute—

'water efficient shower head means, on and from 1 March 2027, a shower head with a water efficiency rating of 4 stars or above as determined in accordance with AS/NZS 6400, "Water efficient products—Rating and labelling", as issued, published or remade from time to time.'.

6Efficiency rating systems

In regulation 23(1) of the Principal Regulations—

(a)after "sections 54(1), 69 and 72(3) of the Act," insert "except if the rented premises are community housing or provided as part of a specialised housing program,";

(b)for paragraph (b) substitute—

'(b)on and from 1 July 2025 until 28 February 2027, for the energy efficiency of a non‑ducted air conditioner or heat pump, the rating system in the GEMS (Air Conditioners up to 65kW) Determination;

(ba)on and from 1 March 2027, for the energy efficiency of a non‑ducted air conditioner or heat pump, the star rating system in the GEMS (Air Conditioners up to 65kW) Determination;

(bb)on and from 1 March 2027, for the energy efficiency of a ducted air conditioner or heat pump, the Heating Seasonal Performance Factor and Total Cooling Seasonal Performance Factor rating systems in the GEMS (Air Conditioners up to 65kW) Determination;

(bc)on and from 1 March 2027, for the energy efficiency of a heat pump water heater or solar water heater—

(i)the system comprised of small‑scale technology certificates calculated in accordance with the RE (Method for Solar Water Heaters) Determination; or

(ii)the energy savings system calculated in accordance with AS/NZS 4234, "Heated water systems—Calculation of energy consumption", as amended and published from time to time;'.

7New regulation 23A inserted

After regulation 23 of the Principal Regulations insert—

'23A   Efficiency rating systems—community housing or housing provided as part of specialised housing program

(1)For the purposes of sections 54(1), 69 and 72(3) of the Act, the following systems of rating the efficiency of any appliances, fixtures and fittings are prescribed for rented premises which are community housing or provided as part of a specialised housing program—

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

(b)for the energy efficiency of a non‑ducted air conditioner or heat pump, the star rating system in the GEMS (Air Conditioners up to 65kW) Determination;

(c)for a dishwasher, the energy efficiency system for energy as determined in accordance with the GEMS (Dishwashers) Determination;

(d)for the energy efficiency of a gas space heater—

(i)a determination in accordance with AS/NZS 5263.1.3, "Gas appliances Part 1.3: Gas space heating appliances", as amended and published from time to time; and

(ii)a certification through an acceptance scheme authorised under section 68 of the Gas Safety Act 1997.

(2)For the purposes of sections 164(1), 181, 188(3), 188A(3) and 206ZZAA(3) of the Act, the WELS scheme in the Water Efficiency Labelling and Standards Act 2005 is the prescribed system of rating the water efficiency of an appliance, fixture or fitting.'.

8Ratings—residential rental provider's liability for charges for supply to non‑complying appliances

(1)In regulation 24(1) of the Principal Regulations—

(a)after "section 54(1) of the Act," insert "except for rented premises which are community housing or provided as part of a specialised housing program,";

(b)in paragraph (a), for "for" substitute "on and from 1 July 2025 until 28 February 2027, for";

(c)the examples at the foot of paragraph (a)(ii) are revoked;

(d)after paragraph (a) insert—

"(ab)on and from 1 March 2027, for any appliances, fixtures and fittings other than a dishwasher, water efficient shower head or water heater which use or supply water—

(i)a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 23(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively—the highest rating in the efficiency rating system referred to in regulation 23(1)(a) that will operate effectively;

(ac)on and from 1 March 2027, for water heating by an energy efficient water heater, the minimum energy savings specified in Table B2D2b in Part B2 of the Plumbing Code of Australia, or minimum small‑scale technology certificates specified in Table B2D2a in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems referred to in regulation 23(1)(bc), unless—

(i)it is unreasonable to install an energy efficient water heater; or

(ii)a circumstance specified in subregulation (2G) or (2H) exists;

(ad)on and from 1 March 2027, for a shower head—

(i)a 4 star rating in the efficiency rating system referred to in regulation 23(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 4 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively—a 3 star rating in the efficiency rating system referred to in regulation 23(1)(a);";

(e)in paragraph (c), for "for" substitute "on and from 1 July 2025 until 28 February 2027, for";

(f)after paragraph (c) insert—

"(ca)on and from 1 March 2027, for cooling by a non‑ducted air conditioner or heat pump, a 3 star cooling rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a non‑ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2E) or (2G) exists;

(cb)on and from 1 March 2027, for heating by a non‑ducted air conditioner or heat pump, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a non‑ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2F) or (2G) exists;";

(g)in paragraph (d)(ii), for "heater." substitute "heater;";

(h)after paragraph (d) insert—

"(e)on and from 1 March 2027, for cooling by a ducted air conditioner or heat pump, a Total Cooling Seasonal Performance Factor of 3.8 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2E) or (2G) exists;

(f)on and from 1 March 2027, for heating by a ducted air conditioner or heat pump, a Heating Seasonal Performance Factor of 3.2 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2F) or (2G) exists.".

(2)In regulation 24(2) of the Principal Regulations, for "For" substitute "On and from 1 July 2025 until 28 February 2027, for".

(3)After regulation 24(2) of the Principal Regulations insert—

"(2A)Without limiting the grounds on which it is unreasonable to install an air conditioner or heat pump, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(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.

(2B)For the purposes of subregulation (2A), the following is not part of the cost of installation—

(a)the cost of electrical work required for the installation; and

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load.

(2C)Without limiting the grounds on which it is unreasonable to install an energy efficient water heater, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; 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)heated water to the rented premises is supplied by a centralised system.

(2D)For the purposes of subregulation (2C)—

(a)the cost of electrical work required for the installation is not part of the cost of installation; and

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load is part of the cost of installation.

(2E)For the purposes of subregulation (1)(ca) and (e), the circumstance is that both the existing air conditioning appliance and the replacement air conditioning appliance are fixed ducted evaporative cooling systems.

(2F)For the purposes of subregulation (1)(cb) and (f), the circumstances are—

(a)both the fixed heater to be replaced and the replacement fixed heater are domestic solid fuel burning appliances; or

(b)the replacement fixed heater is an electric hydronic heating system which has an outlet in the main living area of the rented premises.

(2G)For the purposes of subregulation (1)(ac), (ca), (cb), (e) and (f), the circumstances are—

(a)the air conditioner, heat pump or water heater is being replaced under a manufacturer, supplier or installer warranty; or

(b)the fuel source for both the fixed heater or water heater to be replaced and the replacement fixed heater or water heater is liquified petroleum gas; or

(c)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

(d)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(2H)For the purposes of subregulation (1)(ac), the circumstance is that a temporary water heater is installed for no more than 60 days.".

9New regulation 24A inserted

After regulation 24 of the Principal Regulations insert—

"24A   Ratings—residential rental provider's liability for charges for supply to non‑complying appliances—community housing or housing provided as part of specialised housing program

(1)For the purposes of section 54(1) of the Act, for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—

(a)for any appliances, fixtures and fittings, other than a dishwasher, which use or supply water—

(i)a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 23A(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 23A(1)(a) that will operate effectively;

Examples

1.If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.

2.If a 2 star rated tap or shower rose cannot operate effectively, a one star rated tap or shower rose may be installed.

(b)for a dishwasher—

(i)the levels of ratings prescribed under subregulation (1)(a); and

(ii)a 3 star rating in the efficiency rating system referred to in regulation 23A(1)(c);

(c)for a non‑ducted air conditioner or heat pump—

(i)in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b); or

(ii)in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b), unless it would be unreasonable to install the non‑ducted air conditioner or heat pump;

(d)for a gas space heater—

(i)in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d); or

(ii)in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d), unless it would be unreasonable to install the gas space heater.

(2)For the purposes of subregulation 1(c)(ii) and (d)(ii), it would be unreasonable to install an air conditioner, heat pump or gas space heater if—

(a)the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or

(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.

(3)Nothing in this regulation prevents the use of an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).

Note

See section 54 of the Act.".

10Modifications for which residential rental provider must not unreasonably refuse consent

Regulation 28(d) of the Principal Regulations is revoked.

11Regulation 29 substituted

For regulation 29 of the Principal Regulations substitute—

"29   Rental minimum standards

(1)For the purposes of section 65A of the Act, the rental minimum standards for rented premises, except rented premises which are community housing or provided as part of a specialised housing program, are in Schedule 4.

(2)For the purposes of section 65A of the Act, the rental minimum standards for rented premises which are community housing or provided as part of a specialised housing program are in Schedule 6.".

12Rating compliance for residential rental provider's appliances

(1)In regulation 31(1) of the Principal Regulations—

(a)after "For the purposes of section 69 of the Act," insert "except for rented premises which are community housing or provided as part of a specialised housing program,";

(b)in paragraph (a), for "dishwasher" substitute "dishwasher, and on and from 1 March 2027, a water efficient shower head or water heater";

(c)the examples at the foot of paragraph (a)(ii) are revoked;

(d)in paragraph (c), for "for" substitute "on and from 1 July 2025 until 28 February 2027, for heating by";

(e)after paragraph (c) insert—

"(ca)on and from 1 March 2027, for cooling by a non‑ducted air conditioner or heat pump, a 3 star cooling rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a non‑ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2E) or (2G) exists;

(cb)on and from 1 March 2027, for heating by a non‑ducted air conditioner or heat pump, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a non‑ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2F) or (2G) exists;";

(f)in paragraph (d)(ii), for "heater." substitute "heater;";

(g)after paragraph (d) insert—

"(e)on and from 1 March 2027, for cooling by a ducted air conditioner or heat pump, a Total Cooling Seasonal Performance Factor of 3.8 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2E) or (2G) exists;

(f)on and from 1 March 2027, for heating by a ducted air conditioner or heat pump, a Heating Seasonal Performance Factor of 3.2 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2F) or (2G) exists;

(g)on and from 1 March 2027, for water heating by an energy efficient water heater, the minimum energy savings specified in Table B2D2b in Part B2 of the Plumbing Code of Australia, or minimum small‑scale technology certificates specified in Table B2D2a in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems referred to in regulation 23(1)(bc), unless—

(i)it is unreasonable to install an energy efficient water heater; or

(ii)a circumstance specified in subregulation (2G) or (2H) exists;

(h)on and from 1 March 2027, for a shower head—

(i)a 4 star rating in the efficiency rating system referred to in regulation 23(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 4 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, a 3 star rating in the efficiency rating system referred to in regulation 23(1)(a).".

(2)In regulation 31(2) of the Principal Regulations, for "For" substitute "On and from 1 July 2025 until 28 February 2027, for".

(3)After regulation 31(2) of the Principal Regulations insert—

"(2A)Without limiting the grounds on which it is unreasonable to install an air conditioner or heat pump, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(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.

(2B)For the purposes of subregulation (2A), the following is not part of the cost of installation—

(a)the cost of electrical work required for the installation;

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load.

(2C)Without limiting the grounds on which it is unreasonable to install an energy efficient water heater, it is unreasonable if—

(a)the cost of installation is significantly higher than the average price of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(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)heated water to the rented premises is supplied by a centralised system.

(2D)For the purposes of subregulation (2C)—

(a)the cost of electrical work required for the installation is not part of the cost of installation; and

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load is part of the cost of installation.

(2E)For the purposes of subregulation (1)(ca) and (e), the circumstance is that both the air conditioning appliance and the replacement air conditioning appliance are ducted evaporative fixed cooler systems.

(2F)For the purposes of subregulation (1)(cb) and (f), the circumstances are—

(a)both the fixed heater to be replaced and the replacement fixed heater are domestic solid fuel burning appliances; or

(b)the replacement fixed heater is an electric hydronic heating system which has an outlet in the main living area of the rented premises.

(2G)For the purposes of subregulation (1)(ca), (cb), (e), (f) and (g), the circumstances are—

(a)the air conditioner, heat pump or water heater is being replaced under a manufacturer, supplier or installer warranty; or

(b)the fuel source for both the fixed heater or water heater to be replaced and the replacement fixed heater or water heater is liquified petroleum gas; or

(c)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

(d)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(2H)For the purposes of subregulation (1)(g), the circumstance is that a temporary water heater is installed for no more than 60 days.".

13New regulation 31A inserted

After regulation 31 of the Principal Regulations insert—

31ARating compliance for residential rental provider's appliances—community housing or housing provided as part of specialised housing program"

(1)For the purposes of section 69 of the Act, for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—

(a)for any appliances, fixtures and fittings, other than a dishwasher, which use or supply water—

(i)a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 23A(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 23A(1)(a) that will operate effectively;

Examples

1.If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.

2.If a 2 star rated tap or shower rose cannot operate effectively, a one star rated tap or shower rose may be installed.

(b)for a dishwasher—

(i)the levels of ratings prescribed under subregulation (1)(a); and

(ii)a 3 star rating in the efficiency rating system referred to in regulation 23A(1)(c);

(c)for a non‑ducted air conditioner or heat pump—

(i)in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b); or

(ii)in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b) unless it would be unreasonable to install the non‑ducted air conditioner or heat pump;

(d)for a gas space heater—

(i)in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d); or

(ii)in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d) unless it would be unreasonable to install the gas space heater.

(2)For the purposes of subregulation (1)(c)(ii) and (d)(ii), it would be unreasonable to install an air conditioner, heat pump or gas space heater if—

(a)the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or

(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.

(3)Nothing in this regulation prevents the replacement of an appliance, fixture or fitting with an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).

Note

See section 69 of the Act.".

14Compliance with efficiency systems for urgent repairs by renter

(1)In regulation 33(1) of the Principal Regulations—

(a)after "For the purposes of section 72(3) of the Act," insert "except for rented premises which are community housing or provided as part of a specialised housing program,";

(b)in paragraph (a), for "dishwasher" substitute "dishwasher, and on and from 1 March 2027, a water efficient shower head or water heater";

(c)the examples at the foot of paragraph (a) are revoked;

(d)in paragraph (c), for "for" substitute "on and from 1 July 2025 until 28 February 2027, for".

(2)After regulation 33(1)(c) of the Principal Regulations insert—

"(ca)on and from 1 March 2027, for cooling by a non‑ducted air conditioner or heat pump referred to in paragraph (a) of the definition of energy efficient fixed cooler, a 3 star cooling rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a non‑ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2E) or (2G) exists;

(cb)on and from 1 March 2027, for heating by a non‑ducted air conditioner or heat pump referred to in paragraph (b)(i) of the definition of energy efficient fixed heater, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(ba) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a non‑ducted air conditioner or heat pump; or

(ii)a circumstance specified in sub regulation (2F) or (2G) exists;".

(3)In regulation 33(1)(d)(ii) of the Principal Regulations, for "heater." substitute "heater;".

(4)After regulation 33(1)(d) of the Principal Regulations insert—

"(e)on and from 1 March 2027, for cooling by a ducted air conditioner or heat pump referred to in paragraph (b) of the definition of energy efficient fixed cooler, a Total Cooling Seasonal Performance Factor of 3.8 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2E) or (2G) exists;

(f)on and from 1 March 2027, for heating by a ducted air conditioner or heat pump referred to in paragraph (b)(ii) of the definition of energy efficient fixed heater, a Heating Seasonal Performance Factor of 3.2 in the efficiency rating system referred to in regulation 23(1)(bb) for the climate area of the rented premises, unless—

(i)it is unreasonable to install a ducted air conditioner or heat pump; or

(ii)a circumstance specified in subregulation (2F) or (2G) exists;

(g)on and from 1 March 2027, for water heating by an energy efficient water heater referred to in the definition of energy efficient water heater, the minimum energy savings specified in Table B2D2b in Part B2 of the Plumbing Code of Australia, or minimum small‑scale technology certificates specified in Table B2D2a in Part B2 of the Plumbing Code of Australia, calculated in accordance with the efficiency rating systems referred to in regulation 23(1)(bc), unless—

(i)it is unreasonable to install an energy efficient water heater; or

(ii)a circumstance specified in subregulation (2G) or (2H) exists;

(h)on and from 1 March 2027, for a shower head referred to in paragraph (b) of the definition of water efficient shower head—

(i)a 4 star rating in the efficiency rating system referred to in regulation 23(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 4 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, a 3 star rating in the efficiency rating system referred to in regulation 23(1)(a).".

(5)In regulation 33(2) of the Principal Regulations, for "For" substitute "On and from 1 July 2025 until 28 February 2027, for".

(6)After regulation 33(2) of the Principal Regulations insert—

"(2A)Without limiting the grounds on which it is unreasonable to install an air conditioner or heat pump, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(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.

(2B)For the purposes of subregulation (2A), the following is not part of the cost of installation—

(a)the cost of electrical work required for the installation; and

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load.

(2C)Without limiting the grounds on which it is unreasonable to install an energy efficient water heater, it is unreasonable if—

(a)the cost of installation is significantly higher than the average price of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(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)heated water to the rented premises is supplied by a centralised system.

(2D)For the purposes of subregulation (2C)—

(a)the cost of electrical work required for the installation is not part of the cost of installation; and

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load is part of the cost of installation.

(2E)For the purposes of subregulation (1)(ca) and  (e), the circumstances are that both the existing air conditioning appliance and the replacement air conditioning appliance are ducted evaporative fixed cooler systems.

(2F)For the purposes of subregulation (1)(cb) and  (f), the circumstances are—

(a)both the fixed heater to be replaced and the replacement fixed heater are domestic solid fuel burning appliances; or

(b)the replacement fixed heater is an electric hydronic heating system which has an outlet in the main living area of the rented premises.

(2G)For the purposes of subregulation (1)(ca), (cb), (e), (f) and (g), the circumstances are—

(a)the air conditioner, heat pump or water heater is being replaced under a manufacturer, supplier or installer warranty; or

(b)the fuel source for both the fixed heater or water heater to be replaced and the replacement fixed heater or water heater is liquified petroleum gas; or

(c)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

(d)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(2H)For the purposes of subregulation (1)(g), the circumstance is that a temporary water heater is installed for no more than 60 days.".

15New regulation 33A inserted

After regulation 33 of the Principal Regulations insert—

"33A   Compliance with efficiency systems for urgent repairs by renter—community housing or housing provided as part of specialised housing

(1)For the purposes of section 72(3) of the Act, for rented premises which are community housing or provided as part of a specialised housing program, the following levels of ratings are prescribed—

(a)for any appliances, fixtures and fittings, other than a dishwasher, which use or supply water—

(i)a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 23A(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 23A(1)(a) that will operate effectively;

Examples

1.If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.

2.If a 2 star rated tap or shower rose cannot operate effectively, a one star rated tap or shower rose may be installed.

(b)for a dishwasher—

(i)the levels of ratings prescribed under subregulation (1)(a); and

(ii)a 3 star rating in the efficiency rating system referred to in regulation 23A(1)(c);

(c)for a non‑ducted air conditioner or heat pump—

(i)in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b); or

(ii)in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(b) unless it would be unreasonable to install the non‑ducted air conditioner or heat pump;

(d)for a gas space heater—

(i)in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d); or

(ii)in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23A(1)(d) unless it would be unreasonable to install a gas space heater.

(2)For the purposes of subregulation (1)(c)(ii) and (d)(ii), it would be unreasonable to install an air conditioner, heat pump or gas space heater if—

(a)the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or

(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.

(3)Nothing in this regulation prevents the replacement of an appliance, fixture or fitting with an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).

Note

See section 72(3) of the Act.".

16Schedule 1—Forms

(1)In Form 4 of Schedule 1 to the Principal Regulations, after—

"·   cooktops;"

insert—

"·   on and from 1 March 2027, cooling;".

(2)In Form 4 of Schedule 1 to the Principal Regulations, after—

"·   washbasins;"

insert—

"·   on and from 1 March 2027, water heating systems;".

(3)In Form 7 of Schedule 1 to the Principal Regulations, for—

"The rooming house operator must ensure that the room and facilities are provided and maintained in good repair." substitute—

"The rooming house operator must ensure the rooming house and its rooms comply with any applicable rooming house standard.

The rooming house operator must ensure that the room and facilities are provided and maintained in good repair.".

17Schedule 4—Rental minimum standards

(1)In clause 3(a)(ii) of Schedule 4 to the Principal Regulations substitute—

"(ii)an onsite wastewater management system installed and managed in accordance with the requirements set out in the Guidelines for Onsite Wastewater Effluent Dispersal and Recycling Systems, as published from time to time; or".

(2)In clause 4(b) of Schedule 4 to the Principal Regulations for "if" (where first occurring) substitute "for rented premises let under a residential rental agreement entered into or created before 1 March 2027, if";

(3)After clause 4(b) of Schedule 4 to the Principal Regulations insert—

"(c)for rented premises let under a residential rental agreement entered into or created on or after 1 March 2027, if a water efficient shower head is present—

(i)a shower head with a 4 star rating in the efficiency rating system referred to in regulation 23(1)(a); or

(ii)if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 4 star rating referred to in subparagraph (i) cannot be installed or, if installed will not operate effectively, a shower head with a 3 star rating in the efficiency rating system referred to in regulation 23(1)(a).".

(4)For clause 13 of Schedule 4 to the Principal Regulations substitute—

"13   Ventilation

(1)If the rented premises is a Class 1 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirement P2.4.5 of the 2019 Building Code of Australia Volume Two, or the Acceptable Construction Practice in Part 3.8.5 of the 2019 Building Code of Australia Volume Two.

(2)If the rented premises is within a Class 2 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirements FP4.3, FP4.4 and FP4.5 of the 2019 Building Code of Australia Volume One, or the Deemed‑to‑Satisfy Provisions requirements in F4.5, F4.6 and F4.7 of the 2019 Building Code of Australia Volume One.

(3)In this clause—

2019 National Construction Code means the National Construction Code published by the Australian Building Codes Board as in force on 1 May 2019;

2019 Building Code of Australia Volume One means Volume One of the 2019 National Construction Code published by the Australian Building Codes Board as in force on 1 May 2019;

2019 Building Code of Australia Volume Two means Volume Two of the 2019 National Construction Code published by the Australian Building Codes Board as in force on 1 May 2019.".

(5)In clause 14(3) of Schedule 4 to the Principal Regulations, for "29 March 2023" substitute "1 July 2025 until 28 February 2027".

(6)In clause 14(4) of Schedule 4 to the Principal Regulations, for "29 March 2023" substitute "1 July 2025 until 28 February 2027".

(7)For clause 14(6) of Schedule 4 to the Principal Regulations substitute—

"(6)On and from 1 March 2027, in relation to heating in the rented premises—

(a)an energy efficient fixed heater in good working order is to be installed in, or have an outlet in, the main living area of the rented premises unless it is unreasonable to install an energy efficient fixed heater; or

(b)if it is unreasonable to install an energy efficient fixed heater in the main living area of the rented premises, a fixed heater in good working order is to be installed in, or have an outlet in, the main living area of the rented premises.

(7)For the purposes of subclause (6)(a), it is unreasonable to install an energy efficient fixed heater if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(b)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

(c)there is a pre‑existing fixed heater in good working order in, or with an outlet in, the main living area of the rented premises, which is one of the following—

(i)a non‑ducted air conditioner or heat pump with a 2 star or above heating rating in the prescribed energy rating system for non‑ducted air conditioners or heat pumps;

(ii)a gas space heater with a 2 star or above heating rating in the prescribed energy rating system for gas space heaters;

(iii)a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises;

(iv)a domestic solid fuel burning appliance;

(v)a fixed heater for which the fuel source is liquefied petroleum gas; or

(d)there is a fixed heater with an outlet in the main living area of the rented premises that is being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty which is—

(i)a non‑ducted air conditioner or heat pump with a 2 star or above heating rating in the prescribed energy rating system for non‑ducted air conditioners or heat pumps; or

(ii)a gas space heater with a 2 star or above heating rating in the prescribed energy rating system for gas space heaters; or

(iii)a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or

(iv)a domestic solid fuel burning appliance; or

(v)a fixed heater for which the fuel source is liquefied petroleum gas; or

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

(f)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017; or

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

(h)it is not reasonably practicable to install an energy efficient fixed heater; or

(i)there is a fixed heater with an outlet in the main living area of the rented premises that is being replaced with a heater of an identical type, which is—

(i)a domestic solid fuel burning appliance; or

(ii)a fixed heater for which the fuel source is liquified petroleum gas.

(8)For the purposes of subclause 7(a), the following is not part of the cost of installation—

(a)the cost of electrical work to enable installation;

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load.

(9)In this clause—

pre-existing fixed heater means a fixed heater that was installed and in place before 1 March 2027.".

(8)After clause 15 of Schedule 4 to the Principal Regulations insert—

'16   Cooling

(1)Subclause (2) applies to rented premises let under a residential rental agreement entered into or created on or after 1 March 2027 until 30 June 2030.

(2)The standard for cooling is—

(a)an energy efficient fixed cooler in good working order installed in, or that has an outlet in, the main living area of the rented premises, unless it is unreasonable to install an energy efficient fixed cooler; or

(b)if it is unreasonable to install an energy efficient fixed cooler in the main living area of the rented premises, a fixed cooler in good working order is to be installed in, or have an outlet in, the main living area of the rented premises.

(3)On and from 1 July 2030, the standard for cooling is—

(a)an energy efficient fixed cooler in good working order installed in, or that has an outlet in, the main living area of the rented premises, unless it is unreasonable to install an energy efficient fixed cooler; or

(b)if it is unreasonable to install an energy efficient fixed cooler in the main living area of the rented premises, a fixed cooler in good working order is to be installed in, or have an outlet in, the main living area of the rented premises, unless it is unreasonable to install a fixed cooler.

(4)Without limiting the grounds on which it is unreasonable to install an energy efficient fixed cooler, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(b)there is a pre‑existing fixed cooler in good working order in, or with an outlet in, the main living area of the rented premises; or

(c)there is a fixed cooler in, or with an outlet in, the main living area of the rented premises that is being replaced with a fixed cooler of an identical type under a manufacturer, supplier or installer warranty; or

(d)there is a pre‑existing fixed cooler that is a ducted evaporative system in good working order in or with an outlet in the main living area of the rented premises; or

(e)there is a ducted evaporative fixed cooler in or with an outlet in the main living area of the rented premises that is being replaced with a ducted evaporative fixed cooler; or

(f)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

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

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

(i)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(5)Without limiting the grounds on which it is unreasonable to install a fixed cooler, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(b)there is a fixed cooler in, or with an outlet in, the main living area of the rented premises that is being replaced with a fixed cooler of an identical type under a manufacturer, supplier or installer warranty; or

(c)there is a pre‑existing fixed cooler that is a ducted evaporative system in good working order in, or with an outlet in, the main living area of the rented premises; or

(d)there is a fixed cooler that is a ducted evaporative system in, or with an outlet in, the main living area of the rented premises that is being replaced with a ducted evaporative fixed cooler; or

(e)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

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

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

(h)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(6)For the purposes of subclauses (4)(a) and (5)(a), the following is not part of the cost of installation—

(a)the cost of electrical work required for the installation;

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load.

(7)In this clause—

pre‑existing fixed cooler means a fixed cooler that was installed and in place before 1 March 2027.

17Ceiling insulation

(1)This clause applies to rented premises let under a residential rental agreement entered into or created on or after 1 March 2027.

(2)The standard for ceiling insulation in the rented premises is to have ceiling insulation that—

(a)has a minimum R‑value of 5.0; and

(b)has been installed within 30 days after a licensed or registered electrician has completed a pre‑insulation installation electrical safety checklist in respect of the ceiling space; and

(c)has been installed after—

(i)any work recommended in the pre‑insulation installation electrical safety checklist has been completed by a licensed or registered electrician; and

(ii)if relevant, a certificate of electrical safety has been issued for that rectification work and a copy of which has been given to the insulation installer; and

(iii)power to a consumer mains cable and solar PV cable not in conduit that is identified in the ceiling space and specified in the pre‑insulation installation electrical safety checklist has been isolated by a licensed or registered electrician; and

(iv)a copy of the pre‑insulation installation electrical safety checklist has been given to the insulation installer; and

(d)complies with AS/NZS 4859.1, "Thermal insulation materials for buildings Part 1: General criteria and technical provisions", as published from time to time; and

(e)complies with the following—

(i)AS 1530.1, "Methods for fire tests on building materials, components and structures Part 1: Combustibility test for materials", as published from time to time;

(ii)AS/NZS 1530.3, "Methods for fire tests on building materials, components and structures Part 3: Simultaneous determination of ignitability, flame propagation, heat release and smoke release", as published from time to time; and

(f)comprises of a separate or continuous insulation batt that is not a foil or foil‑faced bulk insulation product; and

(g)is installed by a suitably qualified person in compliance with AS3999, "Bulk thermal insulation—Installation", as published from time to time; and

(h)is installed in the entire ceiling of the dwelling of the rented premises, other than in—

(i)ceiling areas with existing insulation batts, blankets, rigid boards or loose fill; and

Example

Existing insulation of any R‑value.

(ii)external parts of the rented premises; and

Example

Garages, outbuildings and alfresco areas.

(iii)internal ceilings; and

Example

The ceiling of the lower floor of a double storey home or the lower floors of an apartment complex.

(iv)areas where it is unreasonable or unsafe to install ceiling insulation.

(3)If a consumer mains cable and solar PV cable has been isolated by a licensed or registered electrician under subclause (2)(c)(iii), the residential rental provider or their agent must ensure the cables are reconnected by a licensed or registered electrician after the installation of ceiling insulation is complete.

(4)Without limiting the grounds on which it is unreasonable or unsafe to install ceiling insulation in an area of the rented premises, it is unreasonable if—

(a)the cost of ceiling insulation installation is significantly higher than the average cost of ceiling insulation installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(b)the roof cavity of the rented premises in a Class 2 building is, on a plan of subdivision, common property; or

Example

Rented premises in a Class 2 building, the roof cavity of which is common property and managed by an owners corporation.

(c)owners corporation rules prohibit installation of the ceiling insulation; or

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

(e)the ceiling insulation cannot be installed without substantial building work or causing substantial damage to the rented premises; or

Example

Skillion roofs, very low‑pitched roofs and roof cavities that cannot be accessed without removing the ceiling lining or roofing material.

(f)the ceiling insulation cannot be installed without creating risks to the health or safety of any person that are greater than the risks that are normally acceptable when insulation is being installed; or

(g)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(5)For the purposes of subclause (4)(a), the cost of electrical work is not part of the ceiling insulation installation cost.

Example

The rectification or replacement of damaged, deteriorated or non‑compliant cables in the ceiling space is not included in the cost of installation of ceiling insulation.

(6)In this clause—

ceiling insulation means thermal insulation products that resist the flow of heat, and are in the form of batts, blankets, rigid boards or loose fill;

R‑value means the measure of thermal performance of the ceiling insulation product when it is installed as calculated under AS/NZS 4859.1, "Thermal insulation materials for buildings Part 1: General criteria and technical provisions", as published from time to time;

suitably qualified person means a person who satisfies the requirements specified in a notice under subclause (7).

(7)For the purposes of subclause (2)(g), the Minister for Energy and Resources, by notice published in the Government Gazette, may specify the requirements a person must satisfy to be a suitably qualified person.

18Draughtproofing

(1)This clause applies to rented premises let under a residential rental agreement entered into or created on or after 1 July 2027.

(2)Subject to subclause (4), the standard for draughtproofing (other than in a kitchen facility) is—

(a)all external doors and external windows to the rented premises are to be fitted with sealing or weather‑stripping products that restrict airflow around the entire perimeter of the door or window but do not impair the normal operation of the door or window; and

(b)unsealed wall vents are to be fitted with a product made of robust non‑shrinking sealing material that seals or closes the vent; and

(c)sealing products used to complete sealing under paragraphs (a) and (b) are fitted in accordance with the manufacturer's instructions.

(3)Subject to subclause (5), the standard for draughtproofing in a kitchen facility is—

(a)all external doors and windows in the kitchen facility of the rented premises are to be fitted with sealing or weather‑stripping products that restrict airflow around the entire perimeter of the door or window but do not impair the normal operation of the door or window; and

(b)unsealed wall vents are to be fitted with a product made of robust non‑shrinking sealing material that seals or closes the vent; and

(c)sealing products used to complete sealing under paragraphs (a) and (b) are fitted in accordance with the manufacturer's instructions.

(4)Subclause (2) does not apply if—

(a)a flueless space heater or open‑flued gas appliance is installed in the rented premises; or

(b)the rented premises is in a Class 2 building and the owners corporation rules prohibit the fitting of sealing or weather‑stripping products to external doors; or

(c)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017; or

(d)it is otherwise unreasonable to draughtproof the rented premises.

(5)Subclause (3) does not apply if—

(a)a flueless space heater or open‑flued gas appliance is installed in the rented premises; or

(b)a flueless gas cooking appliance without a rangehood is installed in the kitchen facility; or

(c)the rented premises is in a Class 2 building and the owners corporation rules prohibit the fitting of sealing or weather‑stripping products to external doors; or

(d)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017; or

(e)it is otherwise unreasonable to draughtproof a kitchen facility in the rented premises.

19Water heaters

(1)On and from 1 March 2027, the standard for water heaters is an energy efficient water heater that supplies hot water to the kitchen, laundry and bathroom facilities is to be installed, unless it is unreasonable to install an energy efficient water heater.

(2)Without limiting the grounds on which it is unreasonable to install an energy efficient water heater, it is unreasonable if—

(a)the cost of installation is significantly higher than the average cost of installation in a Class 1 building or Class 2 building equivalent to the rented premises; or

(b)there is a pre‑existing water heater in good working order that supplies heated water to the kitchen, laundry and bathroom facilities; or

(c)there is a pre‑existing water heater for which the fuel source is liquefied petroleum gas; or

(d)there is a water heater that supplies heated water to the kitchen, laundry and bathroom facilities that is being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or

(e)owners corporation rules prohibit installation of the energy efficient water heater appliance; or

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

(g)heated water to the kitchen, laundry and bathroom facilities is supplied by a centralised system; or

(h)a temporary water heater is installed for no more than 60 days; or

(i)installation requires augmentation of a transmission system or a distribution system to provide more than a basic connection service or a standard connection service; or

(j)the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017; or

(k)there is a water heater for which the fuel source is liquified petroleum gas that is being replaced with a heater of an identical type.

(3)For the purposes of subclause (2)(a)—

(a)the cost of electrical work required for the installation is not part of the cost of installation; and

(b)the cost of upgrading an electrical switchboard to accommodate additional electrical load is part of the cost of installation.

(4)In this clause—

pre‑existing water heater means a water heater that was installed and in place before 1 March 2027.'.

18New Schedule 6 inserted

After Schedule 5 to the Principal Regulations insert—

'Schedule 6—Rental minimum standards—community housing or housing provided as part of specialised housing program

Regulation 29(2)

1Locks

(1)All external entry doors to the rented premises which are not able to be secured with a functioning deadlock, other than any screen door attached to an external door, must at least be fitted with a locking device that—

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

(b)may be unlocked from the inside with or without a key.

(2)Subclause (1) does not apply—

(a)to a public lobby door that opens to common property; or

(b)if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

2Vermin proof bins

A rubbish bin and a recycling bin are to be supplied for use by the renter of the rented premises which are—

(a)provided by the local council; or

(b)vermin proof and compatible with local council collection.

3Toilets

The rented premises are to contain a toilet that is—

(a)in good working order, connected to—

(i)a reticulated sewerage system; or

(ii)an onsite wastewater management system installed and managed in accordance with the requirements set out in the Guidelines for Onsite Wastewater Effluent Dispersal and Recycling Systems, as published from time to time; or

(iii)any other system approved by the local council; and

(b)either in—

(i)a room that is intended to be used as a toilet area, whether as a separate toilet or bathroom or combined bathroom and laundry; or

(ii)a separate enclosed structure that is intended to be used as a toilet area.

4Bathroom facilities

In relation to bathroom facilities, the following amenities are to be provided in the rented premises—

(a)a bathroom connected to a reasonable supply of hot and cold water that contains a washbasin and a shower or bath;

(b)if a shower is present—

(i)a shower head with a 3 star rating in the rating system referred to in regulation 23A(1)(a); or

(ii)a shower head with a one or 2 star rating if a shower head with a 3 star rating—

(A)cannot be installed; or

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

5Kitchen facilities

(1)In relation to kitchen facilities, the following amenities are to be provided in the rented premises—

(a)a dedicated area which is intended to be used for cooking and food preparation;

(b)a sink in good working order that is connected to a reasonable supply of hot and cold water;

(c)a cooktop in good working order that has 2 or more burners.

(2)Subclause (1) does not apply if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

(3)Any oven at the rented premises must be in good working order.

6Laundry facilities

Any laundry facilities present in the rented premises must be connected to a reasonable supply of hot and cold water.

7Structural soundness

The rented premises are to be structurally sound and weatherproof.

8Mould and dampness

Each room in the rented premises must be free from mould and damp caused by or related to the building structure.

9Electrical safety

In relation to electrical safety, all power outlets and lighting circuits in the rented premises are to be connected to—

(a)a switchboard‑type Circuit Breaker that complies with AS/NZS 3000, "Electrical installations", 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.

10Window coverings

Each window in a room at the rented premises that is likely to be used as a bedroom or as a living area is to be fitted with a curtain or blind that can be opened or closed by the renter to—

(a)reasonably block light; and

(b)provide reasonable privacy to the renter.

11Windows

(1)All external windows in the rented premises that are capable of opening must be able to be set in a closed or open position.

(2)All external windows in the rented premises which are capable of opening must have a functioning latch to secure the windows against external entry.

Note

A window lock or bolt will meet the minimum standard referred to in subclause (2).

12Lighting

(1)The interior rooms, corridors and hallways of the rented premises are to have access to light, whether natural or artificial, which provides a level of illuminance appropriate to the function or use of those rooms.

(2)Each habitable room of the rented premises is to have access to—

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

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

(3)Subclauses (1) and (2) do not apply if the rented premises is a registered place and a request for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with Part 5 of the Heritage Act 2017.

13Ventilation

(1)If the rented premises is a Class 1 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirement P2.4.5 of the 2019 Building Code of Australia Volume Two, or the Acceptable Construction Practice in Part 3.8.5 of the 2019 Building Code of Australia Volume Two.

(2)If the rented premises is within a Class 2 building, each habitable room, bathroom, shower room, toilet and laundry must have ventilation satisfying Performance Requirements FP4.3, FP4.4 and FP4.5 of the 2019 Building Code of Australia Volume One, or the Deemed‑to‑Satisfy Provisions requirements in F4.5, F4.6 and F4.7 of the 2019 Building Code of Australia Volume One.

(3)In this clause—

2019 National Construction Code means the National Construction Code published by the Australian Building Codes Board as in force on 1 May 2019;

2019 Building Code of Australia Volume One means Volume One of the 2019 National Construction Code published by the Australian Building Codes Board as in force on 1 May 2019;

2019 Building Code of Australia Volume Two means Volume Two of the 2019 National Construction Code published by the Australian Building Codes Board as in force on 1 May 2019.

14Heating

(1)In relation to heating in a Class 1 building, a Schedule 6 energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises.

(2)In relation to heating in a Class 2 building—

(a)a Schedule 6 energy efficient fixed heater in good working order is to be installed in the main living area of the rented premises unless it is unreasonable to install a Schedule 6 energy efficient fixed heater; or

(b)if it is unreasonable to install a Schedule 6 energy efficient fixed heater in the main living area of the rented premises, a fixed heater in good working order is to be installed in the main living area of the rented premises.

(3)For the purposes of subclause (2)(b), it would be unreasonable to install a Schedule 6 energy efficient fixed heater if—

(a)the cost of installation would be significantly higher than the average price of installation in a Class 2 building; 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.

(4)In this clause—

Schedule 6 energy efficient fixed heater means—

(a)a non‑ducted air conditioner or heat pump with a 2 star or above heating rating in the prescribed energy rating system for non‑ducted air conditioners or heat pumps; or

(b)a gas space heater with a 2 star or above heating rating in the prescribed energy rating system for gas space heaters; or

(c)a ducted heating or hydronic heating system which has an outlet in the main living area of the rented premises; or

(d)a domestic solid fuel burning appliance.

15Corded internal window coverings

On and after 1 December 2025, the standard for corded internal window coverings installed at the rented premises is—

(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 for the corded internal window covering 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 for the corded internal window covering 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).'.

═════════════

ENDNOTES

[1] Reg. 4: S.R. No. 3/2021 as amended by S.R. Nos 21/2021, 35/2022 and 130/2024.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included 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 2019 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 2019 including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume; and

National Construction Code 2019 means the National Construction Code Series published by the Australian Building Codes Board on 1 May 2019.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5(1) which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of GEMS (Air Conditioners up to 65kW) Determination), regulation 6, which amends regulation 23(1) of those Regulations and regulation 7, which inserts regulation 23A(1)(b) to those Regulations	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 5(1) which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of GEMS (Dishwashers) Determination) and regulation 7, which inserts regulation 23A(1)(c) into those Regulations	Greenhouse and Energy Minimum Standards (Dishwashers) Determination 2015 made under sections 23 and 35 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth on 30 October 2015	The whole
Regulation 5(1), which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of pre‑insulation installation electrical safety checklist)	AS/NZS 5033:2021, "Installation and safety requirements for photovoltaic (PV) arrays" as published by Standards Australia and Standards New Zealand on 19 November 2021	The whole
Regulation 5(1), which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of pre‑insulation installation electrical safety checklist) and regulation 17(8), which inserts clause 17 into Schedule 4 to those Regulations	AS 3999:2015, "Bulk thermal insulation—Installation" as published by Standards Australia and Standards New Zealand on 23 July 2015	The whole
Regulation 5(1), which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of pre‑insulation installation electrical safety checklist) and regulation 18, which inserts clause 9 of Schedule 6 to those Regulations	AS/NZS 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 5(1), which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of RE (Method for Solar Water Heaters) Determination) and regulation 6, which amends regulation 23(1) of those Regulations	Renewable Energy (Method for Solar Water Heaters) Determination 2016 made under subregulation 19B(1) of the Renewable Energy (Electricity) Regulations 2001	The whole
Regulation 5(2), which amends regulation 5 of the Residential Tenancies Regulations 2021 (definition of water efficient shower head)	AS/NZS 6400:2016, "Water efficient products—Rating and labelling" as published by Standards Australia and Standards New Zealand on 6 April 2016	The whole
Regulation 6(b), which amends regulation 23(1) of the Residential Tenancies Regulations 2021	AS/NZS 4234:2021, "Heated water systems—Calculation of energy consumption" as published by Standards Australia and Standards New Zealand on 25 June 2021	The whole
Regulation 7, which inserts regulation 23A of the Residential Tenancies Regulations 2021	AS/NZS 5263.1.3:2016, "Gas appliances Part 1.3: Gas space heating appliances" as published by Standards Australia and Standards New Zealand on 8 March 2016	The whole
Regulation 17, which amends amends clause 3 of Schedule 4 to the Residential Tenancies Regulations 2021 and regulation 18, which inserts clause 3 of Schedule 6 to those Regulations	Guidelines for Onsite Wastewater Effluent Dispersal and Recycling Systems published by the Environment Protection Authority Victoria on 22 May 2024	The whole
Regulation 17, which substitutes clause 13 of Schedule 4 to the Residential Tenancies Regulations 2021 and regulation 18, which inserts clause 13 of Schedule 6 to those Regulations	BCA Volume One published by the Australian Building Codes Board on 1 May 2019	Performance Requirements FP4.3, FP4.4, FP4.5, FP 4.6 and FP 4.7 of the BCA Volume One
Regulation 17, which substitutes clause 13 of Schedule 4 to the Residential Tenancies Regulations 2021 and regulation 18, which inserts clause 13 of Schedule 6 to those Regulations	BCA Volume Two published by the Australian Building Codes Board on 1 May 2019	Part A6, Performance Requirement P2.4.5 and Acceptable Construction Practice Part 3.8.5 of the BCA Volume Two
Regulation 17(8), which inserts clause 17 into Schedule 4 to the Residential Tenancies Regulations 2021	AS/NZS 4859.1:2018, "Thermal insulation materials for buildings Part 1: General criteria and technical provisions" as published by Standards Australia and Standards New Zealand on 19 November 2018	The whole
Regulation 17(8), which inserts clause 17 into Schedule 4 to the Residential Tenancies Regulations 2021	AS 1530.1:2024, "Methods for fire tests on building materials, components and structures Part 1: Combustibility test for materials" as published by Standards Australia and Standards New Zealand on 7 June 2024	The whole
Regulation 17(8), which inserts clause 17 into Schedule 4 to the Residential Tenancies Regulations 2021	AS/NZS 1530.3:1999, "Methods for fire tests on building materials, components and structures Part 3: Simultaneous determination of ignitability, flame propagation, heat release and smoke release" as published by Standards Australia and Standards New Zealand on 5 November 1999	The whole
Regulation 18, which inserts clause 9 of Schedule 6 to the Residential Tenancies Regulations 2021	AS/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 18, which inserts clause 9 of Schedule 6 to the Residential Tenancies Regulations 2021	AS/NZS 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 18, which inserts clause 9 of Schedule 6 to the Residential Tenancies Regulations 2021	AS/NZS 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