Building Surveyor Blog

Since the 1st February 2009 there has been a tightening of Regulations relating to rental properties. The new Regulations, Housing (Standards for Rented Houses) Regulations 2008 have replaced the earlier 1993 Regulations and they place a more onerous obligation on landlords to provide tenants with a property that is properly heated, maintained, structurally sound and waterproof.

Where a property has been let at any time from the 1st of September 2004 to the 31st January 2009 it will be deemed to be an “existing tenancy” for the purpose of the Regulations and many provisions in the regulations will come into immediate effect.

Other aspects will however be introduced on a phased basis in order to allow landlords time to make remedial improvements, which could necessitate significant refurbishment works and, consequently, significant capital investment. These aspects will not come into force until February 1st 2013 and includes those items dealing with sanitary facilities (Article 6), heating facilities (Article 7) and food preparation, storage and laundry (Article 8).

Landlords should however note that all provisions of the new regulations will be applicable immediately for any rental properties being let for the first time after the 1st February 2009.

Overall the Regulations have a number of key features which includes the following:

• Structural Condition: All houses must be in a proper state of structural repair which essentially means sound with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective.
• Sanitary Fittings: They should be provided within the habitable area of the rented accommodation for the exclusive use of the house, a water closet with dedicated wash hand basin adjacent with a continuous supply of cold water and a facility for the supply of hot water and a fixed bath or shower with continuous supply of cold water and a facility for the pipe supply of hot water.  Furthermore the sanitary facilities are required to be maintained in good working order, have safe and effective means of drainage, be properly insulated and secured, have minimum capacity requirements for hot and cold water storage facilities and be provided in a room separated from other rooms by a wall and a door and containing separate ventilation.
  
  In effect, this will result in the phasing-out of the traditional “bedsit”, where sanitary facilities are shared between different rental units.
• Heating Facilities: Every room within a rented dwelling intent for use by the tenant of the house as a habitable room shall contain a permanently fixed appliance or appliances capable of providing effective heating, should be suitable and have adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air, the operation of any heating appliance should be capable of being independently managed by the tenant.
• Food Preparation & Storage: Every rented dwelling within the habitable area of the house for the exclusive use of the house shall have a four ring hob with oven and grill, suitable facilities for the effect and safe removal of fumes to the external air by means of a cooker hood or extractor fan, fridge and freezer or fridge-freezer, microwave oven, sink with hot and cold supply, suitable presses for food storage, washing machine or access to a communal washing machine, where the house does not contain a garden or yard for the exclusive use of that house a dryer, and again all facilities in regards food preparation and storage and laundry should be maintained in good working order and good repair and responsibility for maintenance rests with the landlord.
• Ventilation: Every room within the rented dwelling used or intended to be used by the tenant of the house as a habitable room shall have adequate ventilation and all means of ventilation shall be maintained in good repair and working order. Furthermore under this article adequate ventilation should be provided for the removal of water vapour from kitchens and bathrooms.
• Lighting: Again the landlord is responsible for every room or intended for use by the tenant that it should have adequate natural lighting.  Every hall, stairs and landing within the house and every room used by the tenant of the house shall have a suitable and adequate means of artificial lighting and the windows of every room containing a bath shower, shower or water closet should be suitably and adequately screened to ensure privacy.

There are also provisions in relation to fire safety requiring fire blankets, smoke alarms and the Regulations also set out the requirements in relation to multi-unit buildings that these have a mains wired smoke alarm, a fire blanket and an emergency evacuation plan. The Regulations are also more stringent than the 1993 version as emergency lighting is now required which should be linked to the fire alarm system and should be provided in all common areas within a multi-unit building.

Further provisions relate to refuse facilities and the supply/maintenance of electricity of gas.

There are a number of specific exemptions to the regulations, which include holiday homes, accommodation provided by the HSE or an approved body containing communal sanitary, cooking and dining facilities. This kind of accommodation usually houses people with disabilities or the elderly and provides support for people with special needs who require assistance to live in the community, demountable (e.g. mobile homes) housing provided by a housing authority. 

Protected structures were previously covered by the 1993 regulations and will continue to be required to meet the requirements of the new regulations. The owner or occupier of a protected structure is entitled to ask the planning authority to identify works that would, or would not, require planning permission in the case of their particular building. Landlords will be advised to contact the conservation officer in the local authority for advice when considering undertaking works.

Landlords now need to be aware of their responsibilities under these new Regulations, as there are quite stringent enforcement procedures. If upon inspection a property is found to be inadequate in any respect, then the local authority can sanction the offending landlord and can even prosecute in the district court.

As Chartered Building Surveyors Pat McGovern Associates are ideally placed to advise landlords in all respects of the new Regulations from the preparation of Specifications, Schedules of Work, tendering and procurement.

This article does not constitute legal advice.