Following a consultation from the rental sector, the Government has proposed amendments to the Healthy Homes Standards. These changes have not been passed into Law, but are expected to come into effect in April 2022.
The Healthy Homes Standards became law on 1 July 2019, introducing minimum standards for heating, ventilation, insulation, draught stopping, and moisture ingress and drainage. The rollout of the Healthy Homes Standards was planned over five years. However, the compliance deadlines for many of the requirements have already come into force.
The Healthy Homes Standards was a significant piece of legislation set to transform the rental market. However, the complexity of the requirements and differing compliance deadlines was often the cause of confusion. The heating standard, in particular, left many property owners confused, specifically when the property had an existing heat source such as a wood burner or gas fire. The heating formula set out in the heating standard provided a blanket rule for all properties instead of a tailored approach that reflected the ways different properties retain heat.
On 3 December 2021, the Government announced proposed changes to three categories of the current Healthy Homes Standards including the Heating Standard, the Ventilation Standard and the Moisture and Ingress Standard.
The proposed changes to the heating standard consider the different ways properties retain heat.
The minor adjustments proposed to the heating calculation will apply to certain apartments and certain residential properties built to the 2008 building code requirements for insulation and glazing. This includes properties renovated throughout to these standards and apartments of at least three storeys and six units or more. All other types of building will continue to use the current heating formula.
For buildings subject to the new heating formula, the 90 day compliance period will only start 6 months after the changes come into effect. For each tenancy the trigger date is when a new tenancy starts or renews.
As an alternative to using the heating formula/tool, a specialist will be able to certify that the heating standard is met based on the defined criteria including that the heating device or system used in the property will heat the main living room to 18˚C and maintain this on the coldest day of the year.
The Government also proposed to increase the transitional ‘top up’ heating allowance. Previously, a 1.5 kilowatt (or less) electric heater could be used to top up to the required heating requirement. The proposed amendment increases to a 2.4 kilowatt electric heater. Qualifying heaters must still have been installed before 1 July 2019.
Additionally, the proposal also stipulates that the heating tolerance will be relaxed from the current 90 percent threshold to 80 percent.
Finally, some geothermal heating systems will now also be recognised as being compliant.
Changes to the ventilation standard will allow continuous mechanical ventilation systems that are continuously extracting from kitchens and bathrooms for homes that received building consent on or after 1 November 2019.
A minor change to the moisture ingress and drainage standard has also been proposed. The amendment clarifies that landlords are not required to install alternative moisture barriers where it is not reasonably practicable to install a polythene barrier.
The amendments to the Healthy Homes Standards will affect those who own apartments or buildings built to the 2008 building code requirements for insulation and glazing. However, for a large proportion of property owners, there is unlikely to be a significant difference to standards they are already required to meet. The proposed changes are refinements to the existing rules, rather than wholesale changes.
As legislation regulating the rental market continues to evolve, it’s important to enlist the help of experts. Engaging a professional property manager will ensure you stay up-to-date with new legislation and comply with all the necessary regulations.
Tom states, “the Healthy Homes Standards are a complex set of rules; it’s essential to know what rules apply and the relevant compliance timeframes. This has been a significant focus for Quinovic since the introduction to the legislation. Quinovic stays abreast of the changing legal landscape to ensure our property owners comply with the rules.”
If you have any questions about the Healthy Homes Standards and what this means for you, get in touch with your local Quinovic office. We’re a nationwide team of property management experts and have managed over 100,000 tenancies since 1988. No matter how big or small your question is, we’ll be happy to help. Ask Quinovic today.
