General exemptions
Outside of specific exemptions outlined per each individual standard , there are also other general exemptions that may exempt a rental property from complying with the healthy homes standards .
• If the landlord intends to demolish the property or substantially rebuild parts of the property and has applied for the relevant resource or building consent before the healthy homes compliance date . This exemption lasts for up to 12 months from the healthy homes compliance date and may end earlier in certain circumstances . e . g . if the consent lapses or is terminated , or the application is refused . If requested , the landlord will need to provide evidence that they have applied for the relevant resource consent or building consent for redevelopment work .
• If the tenant is the immediate former owner of the rental property and the tenancy started immediately after the landlord acquired the property from the tenant . In this situation , an exemption will apply for 12 months from the date the tenancy commences .
• If a rental property is part of a building and the landlord does not own the entire building ( for example , if a landlord owns an apartment ). The landlord will be partially exempt from complying with parts of the healthy homes standards if their ability to do so is impeded because :
• They need to install or provide something in a part of the building where the landlord is not the sole owner , or
• They need access to a part of the building that they are not the sole owner of .
Landlords must take all reasonable steps to ensure any rental property or building complies with the healthy homes standards to the greatest extent , where it is reasonably practicable .
Keeping records
From 1 July 2019 , landlords must keep records of all documents which show how they are complying with the healthy homes standards .
The level of detail , calculations and data that is required to be held on each standard is significant . We recommend landlords consider obtaining a professional healthy homes assessment to ensure this is done properly and to prevent the risk of future penalties .
Relevant documents could include :
• Code compliance certificate
• Records of calculations of a living room ’ s required heating capacity , including a printout from the heating assessment tool
• Certificate of acceptance
• Receipts and invoices from builders or tradespeople
• Receipts for any building materials and / or elements
• Photographic evidence of compliance
• Records of work from building practitioners or independently qualified persons
• A professional evaluation performed by a licenced building practitioner , independent qualified person or any other relevant professional
• Product manuals / schedules for devices installed for the purpose of compliance with the standards
• Any other documents / records that will reasonably show compliance .
These records must be able to be provided on request – for example , from the Tenancy Tribunal , or the Tenancy Compliance and Investigations Team . Landlords are committing an unlawful act if they don ’ t supply the records within 10 working days of the request .
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