The following information relates to the insulation requirements of the Residential Tenancies Act 1986 (RTA).

Under the RTA, certain types of property are exempt from the requirements. of these are:

• apartments where there is a habitable space above and below the apartment
• houses built on concrete slabs
• houses with skillion roofs where there is no ceiling space to install insulation.

Access exceptions

In many properties the most common way to access the ceiling space or underfloor to retrofit insulation is through an existing trapdoor to the ceiling, or an external door to beneath the house.

Installing insulation is not considered ‘reasonably practicable’ when an experienced professional installer:

• cannot access the ceiling or underfloor space without, carrying out substantial building work, or causing substantial damage to the property
• cannot install insulation without creating greater health or safety risks to people than is normally acceptable.

Access to the ceiling or underfloor can often be achieved by carrying out minor work. For example, by temporarily removing base boards from the outside of the property to access the underfloor. In this situation the landlord is expected to carry out the work.

Landlords must install insulation in properties where an exception applies if they are carrying out work that would allow insulation to be installed (for example if the property is re-roofed).

Written confirmation of exception

There is no requirement for landlords to consult a professional to establish if an exemption applies. However, we encourage landlords who have doubts about whether insulation can be installed to consult an experienced professional insulation installer and, if needed, a builder.

The experienced professional may advise that it is not reasonably practicable to install insulation. If that happens, the landlord should ask for written confirmation of the reasons to include in tenancy agreements.

It may not be enough for a landlord to simply claim that ‘insulation is not reasonably ’.

Required statements in tenancy agreements

Other grounds for exemption under the RTA

There are other situations where rental properties may not need to meet the RTA insulation requirements.

1. Where the landlord intends to demolish or substantially rebuild all or part of the property within 12 months of the start of a tenancy. If requested to do so, the landlord must provide evidence that they have applied for the necessary resource consent and/or building consent.
   
   
2. Where a property is purchased from, and immediately rented back to, the former owner-occupier. In this case a 12-month will apply from the date of purchase.
   
   
3. Where the landlord can provide evidence that the insulation is still in reasonable condition, and that the insulation complied with particular insulation requirements when it was installed. There may be specifications in the building consent or an Acceptable Solution or Verification Method under the Building Code.