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[Sujenna]

I have been instructed by the managing agent for a new investment property I purchased that I MUST get a certificate of compliance for the water flow from a licenced plumber, and also for the smoke alarm from another trade professional, to certify that both are in working order (i.e water flowing at 9L Per minute), before a tenant can move in. Given that I may have a turnover of a few tenants per year and the cost of these certificates may cost several hundred dollars for a 5 minute inspection, I wanted to know where the legal requirement for this is? I telephoned several government departments including Fair Trading and finally emailed a ‘contact us’ enquiry which is copied below. To date I am met with stony silence. Can anyone on the Flat Chat forum shed any light on this “requirement”?

“I want to make an enquiry/complaint about information in your website. Your web states that prior to entering a residential tenancy agreement with a tenant a landlord needs to provide a ‘certificate of compliance’ that water efficiency standards are met by the residence. Yet there is no information on a) how often the certificate needs to be issued or b) how long it is valid for. i.e I could pay a plumber $350 to turn on a few taps and do a tinkle to ensure the toilet flushes, every 3 months when a new tenant occupies the residence, just to get a certificate of compliance. Further enquiries with your staff and the DPIE reveal that there is no legal requirement for a landlord to provide such certificate…… While there’s no legal requirement to provide a water efficiency certificate to tenants or property managers, it can save a lot of hassle down the track if you have one. This is a copy and paste from another website. So what is the legal requirement for validity of such a certificate? Can you point me to a section of an Act which stipulates the legal requirements and the validity of the same? “

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[woodg62]

In what state is the property located? It may make a difference. I can give you feedback on NSW, based on my experience:

The water flow “compliance” is only needed if you intend to make the tenant pay for water usage. My tenant uses about $50 of water per year so I don’t bother making him pay, so I don’t need the compliance.

The smoke detectors must be inspected/tested each year. You can do it yourself but it required you to notify the tenant that you need access, and then you must keep a record of the test. My property manager arranges for this to be done “in bulk” by a reputable company. This costs me about $100 per year, and the company keeps the legally required records, and they replace the battery as well.

[Boronia]

With respect to the fire alarms, there is the possibility that the outgoing tenant may have damaged or disabled the detector. It would be advisable to have its operation verified before the next tenant moves in in.

[swjtdriver@hotmail.com]

Flatchatter.

There is no legal requirement to provide what is known as a ‘compliance certificate’ in NSW.  Real Estate agents might make it a condition for a landlord to provide one as part of their management agreement – matter for them.  A tenant cannot withhold payment for water use demanding one.  What does the law say.  The NSW Residential Tenancies Act and regulations requires at the beginning of tenancies taps not to drip, there be no leaking pipes, that taps/showerheads have a 9lt per minute flow restriction AND as of March toilet cisterns meet at least a three start WELS rating (6.5 litres full flush, 3.5l half flush).  Landlords must also attend to any complaint or concerns as to leaks expediantly.  Tenants can test compliance themselves and if concerned first raise their concerns with the landlord and if still not satisfied they have mediation options.

[swjtdriver@hotmail.com]

INCORRECT. There is NO legal requirement to provide a ‘compliance certificate’ being something the private sector has come up with themselves, with managing agents happy to spend their clients money.  While in many situations it might be ideal, or even recommended – it is NOT compulsory and a tenant cannot withhold water use payments demanding one.  What IS essential is that your property is compliant (at the begining of a tenancy noting a tenant can take it upon themselves to remove flow restrictors.

[UberOwner]

This is the relevant NSW government page about this. https://www.nsw.gov.au/housing-and-construction/rules/connection-and-supply-of-water-to-rental-properties#water-efficiency

If you’re in NSW, you can’t charge a tenant for water unless your property meets water efficienty measures. “The landlord must be able to demonstrate that the relevant taps, shower heads and toilets in the property meet water efficiency measures.”  I don’t know how you demonstrate that without a compliance report of some kind, unless you have the means to measure these devices yourself.  If I were the property manager, I would ask for a compliance report.  Or you can do what I do and just pay for the water yourself (and claim it as an expense on your tax return).

 

 

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