NEW INSULATION MINIMUM VALUES Zone 1 and 2: Ceiling R2.9 Underfloor R1.3 Zone 3: Ceiling R3.3 Underfloor R1.3 EXISTING INSULATION MINIMUM VALUES Zone 1 and 2: Ceiling R1.9 Underfloor R0.9 Zone 3: Ceiling R1.5 Underfloor R0.9
From 1 July 2019, it will be compulsory for all rental properties to meet the new minimum insulation requirements. All landlords should check that the insulation at their properties meets the standards and take action if necessary before the new requirements become compulsory. Why has the government introduced new insulation requirements? In 2015, the New Zealand Government introduced important reforms to the Residential Tenancies Act which require all landlords to ensure that their rental properties meet minimum insulation requirements. The changes were in response to concerns that many rental properties did not provide adequately safe, warm, or dry accommodation, particularly for lower income tenants. The initiative, run by Tenancy Services, is called Warmer, Drier, Safer Homes. Private landlords have been afforded a grace period until 1 July 2019 to meet the insulation requirements of underfloor and ceiling insulation. What are the new requirements? Right now
Failure to meet the insulation requirements is an unlawful act under the Residential Tenancies Act. Landlords may face fines of up to $4,000 for failure to comply. The Ministry of Business, Innovation and Employment has a Tenancy Compliance and Investigations Team that investigate and enforce the law against landlords in breach of their obligations, including meeting the insulation requirements. What are the required standards? Do I need to upgrade or install new insulation? Use our flowchart to see whether you need to take action to upgrade or install new insulation. Pro Tip: If you’re unsure whether your insulation meets the requirements, you should consult a qualified, professional insulation installer or inspector. Note: consider ceiling and underfloor insulation separately. You should go through the flowchart twice: once for ceiling insulation, and then again for underfloor insulation. Watch this video from EECA Energywise to learn more about the insulation requirements When is insulation not in reasonable condition? There is no strict or particular criteria for whether insulation is in a ‘reasonable condition’. However, you should consider the following factors:
Repair or Installation of Foil Insulation is Banned DANGER WARNING: Foil insulation poses a serious danger to your safety as it may conduct electricity from live wires. You should turn off mains power at your premises before inspecting foil insulation and/or consult a qualified professional insulation expert. Due to the danger posed by foil insulation, installation or repair of it is now banned. This means that landlords are now prohibited from:
You may only continue to use foil insulation if it was installed before 1 July 2016 and it is in reasonable condition and meets the R-value requirements. Read more from Tenancy Services about the ban on foil insulation. Key Resources to Learn More about the Insulation Requirements
There are 5 main exceptions where a property may be exempt from having to meet the ceiling and underfloor insulation requirements: 1. Underfloor or Ceiling Space Unsafe or Impracticable to Access This exception applies to areas of homes where it would be unsafe or impracticable to access those areas due to limited access, their design, potential for substantial damage, or healthy and safety reasons. The area must be unsafe or impracticable for a professional insulation installer, not just a landlord or other unqualified person. There are 3 common situations where this exception may apply:
No Exception: When there is no current access point for ceiling or underfloor Even if there is no existing access point for a ceiling or underfloor, the landlord is expected to create such an access point in order to conduct the necessary insulation work, provided that it does not require significant building work. 2. Underfloor or Ceiling Spaces which are directly below or above habitable spaces It will commonly be impracticable to install insulation in areas of ceiling or underfloor which are directly above or below habitable spaces. Some common or important examples are: Inaccessible Roof Spaces Some ceilings and roofs have no way to access or insulate them without removing and replacing the existing ceiling or roof - this includes:
Inaccessible Underfloor Spaces Some underfloor spaces have no means of access meaning that installation of insulation is not possible - this includes:
If at any point such areas do become accessible for a professional installer, the necessary insulation work must be done at that point. Low Roof Clearance If part of a roof is too low to install insulation that meets the requirements, then a less thick insulation product may be used in those low-clearance areas. Remember: Insulation must keep a distance of at least 25mm from the roof underlay in all parts of the ceiling-roof area. Apartments and Units Insulation does not need to be installed where the habitable parts of a unit are directly above or below the ceiling or floor of another unit. Installation of insulation in such circumstances would likely require significant building work, meaning it is a matter for the Body Corporate. Outbuildings and Garages Outbuildings such as garages or sheds that are separate from the living areas of a property do not need to meet the insulation requirements. If, however, part of an outbuilding adjoins a habitable space, then that part must meet the insulation requirements. For example, if the roof of the garage is directly below the floor of a habitable space. No Exception: When there is no current access point for ceiling or underfloor Even if there is no existing access point for a ceiling or underfloor, the landlord is expected to create such an access point in order to conduct the necessary insulation work, provided that it does not require significant building work. Habitable Spaces outside main premises: Any space, building or structure that is not part of the main premises but which is consistently used as a habitable space must meet the insulation requirements. This includes, studios, flats, caravans, or sleepouts. 3. Property meets particular insulation requirements at time of building, as approved by local council In some very limited circumstances, a property may comply with particular insulation requirements specific to that property at the time of its construction. When these requirements do not meet the minimum R-values, such a premises may fall into this exception. This exception usually applies when the local council gave development approval for a building design that had an insulation design where other forms or areas of insulation made up for minimal underfloor or ceiling insulation. For instance, where wall insulation made up for minimal ceiling or underfloor insulation. The landlord should provide evidence of the building specifications and of compliance with insulation requirements at the time of building. The landlord must, however, ensure that the insulation remains in reasonable condition even if it falls into this exception. 4. Landlord Plans to Demolish or Substantially Rebuild Property within 12 months of tenancy starting A premises does not need to meet the insulation requirements if the landlord intends to demolish the property or substantially rebuild part of it within 12 months of the start of the tenancy. For this exception to apply, the landlord cannot simply have an intention to rebuild or demolish. The landlord must have evidence of the intention to rebuild or demolish within 12 months, such as an application for building consent, redevelopment work, or resource consent. 5. When the property is sold and then immediately leased back to the previous owner-occupier for a period of 12 months or less A premises does not need to meet the insulation requirements if the property is sold and then immediately leased back to the former owner-occupier. This exception only applies for the first 12 months of that tenancy. If the tenancy continues beyond 12 months, then the landlord must take action to meet the insulation requirements. Read more about the exceptions Checking your insulation SAFETY FIRST! Only check insulation yourself if you can do it safely - if you can’t do it safely, then hire a qualified professional to do it for you. EECA Energywise has helpful guides and tips on checking and installing insulation safely: Helpful Tips
Read more safety insulation information Insulation Subsidies Subsidies of 50% of insulation costs are available to landlords that have low-income tenants. To see if your property may qualify, visit the EECA Energywise website: EECA Funding for Insulation Some local councils also have insulation subsidy programs. Check with your council to see if you may qualify. Do the walls need to be insulated? Wall insulation is not compulsory. Installing wall insulation, where possible, may still be good practice for landlords to improve the energy efficiency and warmth of their rental property. Wall insulation may also be a selling point to attract higher-paying tenants and improve the resale value of your property. Though wall insulation is not compulsory, you must still disclose whether there is such insulation and its nature and type as part of the compulsory insulation statement attached to a Residential Tenancy Agreement. Further Reading from Tenancy Services Savvy Houz Inspectionsstrongly recommends further reading and seeking information from Tenancy services before taking any action with insulation. Insulation Safety Does your rental home meet the insulation standards? Compulsory Insulation Insulation Requirements Booklet Warmer, drier, safer homes
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