Stricter water efficiency standards are now in place for rental properties across NSW, aiming to reduce water waste and low bills for tenants – especially those living in older homes.

Under the Residential Tenancies Act 2010, landlords can only charge tenants for water usage if the property is separately metered and meets key water efficiency standards. These include leak-free taps and toilets at the start of the tenancy, and efficient fixtures such as shower heads, bathroom and kitchen mixer taps with a maximum flow rate of 9 litres per minute.

From 23 March 2025, all rental properties must have dual-flush toilets with a minimum three-star Water Efficiency Labelling and Standards (WELS) rating to pass on water charges to tenants.

With bathrooms accounting for around 40% of household water use, these updates aim to reduce unnecessary waste and support long-term water conservation. If a rental does not meet these efficiency standards, landlords cannot bill tenants for water usage. Any charges must be invoiced separately from rent, supported with a copy of the water bill or similar proof, and tenants must be given at least 21 days to pay.

Tenants with concerns about water charges should first speak with their landlord or agent. If the issue isn’t resolved, they can contact NSW Fair Trading for assistance or to lodge a complaint.

For more information visit https://www.nsw.gov.au/departments-and-agencies/fair-trading/news/dual-flush-deadline-for-rental-properties-to-meet-new-water-efficiency-rules

Buying an apartment means sharing spaces with others, which might make you think of swimming pools, gyms, and maybe even the lobby. These are called Common Property.

There can be small differences in what you own, depending on the scheme, but usually includes:

• Internal walls
• Lights
• Curtains and Blinds
• Carpets
• Toilets and Baths
• Kitchen Cupboards and Bench tops

You will share ownership of common property with other property owners. Common property includes spaces like:

• Driveways
• Swimming pools
• Gardens
• Lifts
• Entrance areas

It also includes parts of a building like:

• Common walls
• External doors
• Roofs
• Pipes
• Electrical wiring

As a landlord, it’s your responsibility to ensure smoke alarms are correctly installed and maintained in every rental property, safeguarding both your tenants’ lives and your legal obligations.

The Landlords Information Statement outlines four duties required for servicing and repairing smoke alarms.

Smoke alarms must be working

Landlords must ensure that smoke alarms (including heat alarms) are working. In a rental tenancy agreement this responsibility must be fulfilled by the landlord and cannot be given to tenants.

A smoke alarm is not working if it:

• Is removed (and not replaced with a working smoke alarm)
• Malfunctions (e.g. due to insects, corrosion of electrical circuitry, accumulated dust, and airborne contaminants)
• Doesn’t work (e.g. battery needs to be replaced)

Placement of Smoke Alarms

Landlords must ensure that at least one smoke alarm is installed in each storey of a rented home in a hallway outside a bedroom or other suitable location. Smoke alarms (including heat alarms) must be working, and cannot be disabled or removed.

Time frame for repairing a Smoke Alarm

Landlords must:

1. Ensure that if a smoke alarm is found to be malfunctioning, it is fixed or replaced within two business days. This includes replacing a removable battery
2. Replace the battery within two business days of:

• Being informed by the tenant that the battery is not working, unless the tenant advises that they will replace the battery
• Discovering that the tenant has not replaced the battery, or where they haven’t been notified that the tenant has replaced the battery

Annual checks and battery change

Landlords must:

• Check smoke alarms every year to ensure they are working
• Install or replace removable batteries every year (or, for lithium batteries follow the manufacturer’s instructions)
• Replace smoke alarms within 10 years of manufacture date, or earlier if stated by the manufacturer
• Give the tenant at least two business days’ notice to inspect or assess for the need for a smoke alarm repair or replacement
• One hour notice to be given to the tenant for the need to carry out a repair or replacement of a smoke alarm
• Use a licensed electrician to repair or replace a hard-wired smoke alarm

Ensuring your properties meet these essential habitability standards isn’t just about compliance — it’s about protecting your reputation and securing client trust in a competitive market.

1. Be Structurally Sound

Structurally sound means the ceilings, wall, floors, supporting structures (including foundations), roof, windows, doors, stairs, balconies, balustrades and railings must:

• Be in a reasonable state of repair
• Not be subject to significant dampness
• Not allow water penetration into the premises
• Not be liable to collapse because they are rotten or defective

2. Have adequate natural or artificial lighting in each room, except storage rooms or garages

Each room in the property — aside from garages and storage rooms — must have enough artificial or natural lighting. Properties with enough windows or lighting fixtures can be guaranteed by Agents. For instance, they should verify that each room has functional light sources, and replace any faulty bulbs or fixtures to provide a well-lit environment.

3. Have adequate ventilation

Proper ventilation is essential for a healthy living environment. Agents need to ensure that every room has enough ventilation, especially in areas that are most prone to moisture like kitchens and bathrooms. To lower the chance of mould growth, they can install or check exhaust fans and make sure windows can be open for airflow.

4. Have electricity or gas and enough sockets for lighting, heating and other appliances

A dependable gas or electricity supply and enough outlets are necessary for properties to accommodate appliances such as heaters and lights. Electrical inspections can be scheduled by real estate companies to ensure the safety and suitability of the power supply. For instance, they should check that each room has a sufficient number of electrical outlets to meet modern living needs.

5. Have adequate plumbing and drainage

Plumbing and drainage systems have to be in good working order for properties. All toilets, sinks, and drains should be checked by agencies to ensure they are functional and clear of obstructions. Before listing the property, Agents can schedule plumbing services to take care of any leaks or clogs.

6. Have a water connection for hot and cold water for drinking, washing and cleaning

A reliable water supply that offers hot and cold water for cleaning, washing, and drinking is a requirement for properties. Real estate agent should ensure that the water system is functioning correctly, with no issues in water pressure or temperature. For example, the water supply can be tested in all fixtures to confirm that hot and cold water is readily available.

7. Have bathroom facilities, including a toilet and washing facilities that allow users privacy

Properties must have bathroom facilities, including a toilet and washing facilities, that ensure user privacy. Real Estate Agents should check that bathrooms are maintained properly and have enough privacy features, including doors with locks. For instance, agents can ensure that all bathroom doors close correctly and that windows are covered or frosted to preserve the privacy of tenants.

Ready to learn more about how Habitability Standards address key areas like ensuring tenant safety, maintaining property conditions, and complying with regulations?

Staying proactive and informed protects tenants and enhances your reputation and trust with your clients.

Is your real estate agency truly prepared to tackle the diverse risks associated with workplace health and safety, from physical hazards and stress to environmental dangers and client interactions?

Prevent or Minimise Risks Associated with Work

An example is developing and implementing a comprehensive health and safety policy that addresses the risks associated with substances and plants. According to the Act, this policy should include guidelines for handling chemicals, reporting safety concerns, and managing indoor air quality.

Provide fair representation and issue resolution in relation to work health and safety

A way an agency can implement this is through a clear process for reporting addressing safety concerns, ensuring that all staff know that this is available to them and their issues will be handled appropriately.

Encourage unions and employer organisations to take a constructive role in promoting improvements in WHS Practices

Contributing a positive role in advancing improvements in work health and safety procedures, and helping individuals conducting business or undertakings and workers to create a safer and healthier work environment. Agencies can apply this by engaging with unions and industry organisations and participate in safety initiatives.

Promote the provision of advice, information, education and training for WHS

An example of ways Agencies can apply this by providing regular training and keeping employees informed about changes in safety procedures. This will equip staff with the knowledge and skills needed to work safely and respond effectively to WHS issues.

Secure compliance with the Act

According to the Act this can be achieved through effective and appropriate enforcement measures such as conducting regular audits and establishing clear enforcement protocols.

Ensuring appropriate scrutiny and review

Actions taken by persons exercising authority and carrying out duties under the Act are appropriately scrutinised and reviewed to maintain accountability. Agencies can guarantee this by implementing regular reviews of WHS policies and maintaining transparency in actions.

Provide a framework for continuous improvement

To strive for ongoing improvements in WHS standards by encouraging feedback and adopting and adapting practices that enhance safety.