Letting Standards

Scope of 2019 Regulations

These Regulations require landlords of rented houses (including flats and maisonettes), with some exceptions, to ensure that such houses meet certain minimum standards. The standards relate to, inter alia, structural condition, provision of sanitary facilities, food preparation, storage and laundry, availability of adequate heating, lighting and ventilation, the safety of oil, electricity and gas installations, fire safety and refuse facilities. The Regulations came into operation generally on 1 May 2019 and replaced earlier regulations.

A “house” includes any building or part of a building used or suitable for use as a dwelling and any out office, yard, garden or other lands. It, therefore, includes flats and maisonettes.
A “habitable room” is a room used for living or sleeping purposes. It does not include a kitchen having a floor area of less than 6.5 square meters.

Exceptions

The Regulations apply to every house let, or available for letting, for rent or other value solely as a house. unless the house is let or available for letting—

to a person only for the purpose of conferring on that person the right to occupy the house for a holiday,
by the Health Service Executive or by an approved body, as accommodation with sanitary, cooking or dining facilities provided for communal use within the building which contains the house, or
by a housing authority pursuant to any of their functions under the Housing Acts 1966 to 2014, and is a caravan, mobile home or a structure or a thing (whether on wheels or not) that is capable of being moved from one place to another (whether by towing, transport on a vehicle or trailer, or otherwise).

Repair

A requirement to repair requires a standard of repair that is reasonable in all the circumstances. In determining the appropriate standard of repair, regard shall be had to the age, character and prospective life of the house.

The Regulations do not require anything to be done in connection with a water supply, drainage system or the supply of gas or electricity other-wise than as apply under other legal requirements. They do not create an obligation to take any action which is the responsibility of a local authority or another provider, other than such action as may be necessary to bring the matter to the attention of the local authority or provider concerned. A provider covers such bodies as gas, electricity, telephone, postal, water, wastewater providers.

The Regulations do not create an obligation to repair or maintain in good repair, working order or in a clean condition anything which a tenant is entitled to remove from a house..

Structural Condition

A house to which the Regulations apply (hereinafter referred to as “the house”) must be maintained in a proper state of structural repair. This means that it must be sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, downpipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.

Where a window has an opening section through which a person may fall, and the bottom of the opening section is more than 1400mm above external ground level, suitable safety restrictors shall be fitted. Safety restrictors shall restrain the window sufficiently to prevent such falls. Where necessary, adequate provision shall be made to prevent harbourage or ingress of pests or vermin.

Sanitary Facilities

The following must be provided within the same habitable area of the house, for the exclusive use of the house:

A water closet (toilet), with dedicated wash hand basin adjacent thereto with a continuous supply of cold water and a facility for the piped supply of hot water, and
A fixed bath or shower with a continuous supply of cold water and a facility for the piped supply of hot water.

They must be :

be maintained in a safe condition and good working order,
have safe and effective means of drainage,
be properly insulated,
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.

Heating Facilities

Every room used, or intended for use, by the tenant of the house as a habitable room, and any bathroom or shower-room shall contain a permanently fixed:

heat emitter,
heat distribution system, or
heat-producing appliance,

capable of providing effective heating.

Every such room must contain suitable and adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air where a heat-producing appliance is used. The above heat-producing appliance must be so installed that there is an adequate supply of air to it for combustion, to prevent overheating and for the efficient working of any flue pipe or chimney serving the appliance.

The operation of any heat emitter, heat distribution system, or heat-producing appliance must be capable of being independently manageable by the tenant. All such appliances must e maintained in a safe condition and in good working order and in good repair.

Each house shall contain, where necessary, suitably located devices for the detection and alarm of carbon monoxide.

Food Preparation, Storage and Laundry

The following does not apply where the house is let or available for letting

by a housing authority under the Housing Acts 1966 to 2014,
by a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992, or
for a minimum lease period of 10 years under a tenancy agreement.

There shall be provided, within the same habitable area of the house, for the exclusive use of the house:

4 ring hob with oven and grill,
Suitable facilities for the effective 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 a piped supply of potable cold water taken directly from the service pipe supplying water from the public main or another source to the building containing the house and a facility for the piped supply of hot water, and an adequate draining area,
Suitable and adequate number of kitchen presses for food storage purposes,
Washing machine, or access to a communal washing machine facility within the curtilage of the building, and
Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.

All the above facilities shall be maintained in a safe condition and in good working order and good repair. Responsibility for maintenance of facilities shall rest with the landlord.

Cooking Facilities Certain Lettings

Where a house is let or available for letting, y a housing authority under the Housing Acts, by a housing body, or a minimum lease period of 10 years under a tenancy agreement, there shall be provided, within the same habitable area of the house, for the exclusive use of the house:

facilities for the installation of cooking equipment,
Sink, with a piped supply of potable cold water taken directly from the service pipe supplying water from the public main or another source to the building containing the house and a facility for the piped supply of hot water, and an adequate draining area,
Suitable facilities for the effective and safe removal of fumes to the external air by means of a cooker hood or extractor fan, and
Suitable and adequate number of kitchen presses for food storage purposes.

Ventilation

Every room used or intended for use, by the tenant of the house as a habitable room shall have adequate ventilation. All means of ventilation shall be maintained in good repair and working order. Adequate ventilation shall be provided for the removal of water vapour from every kitchen and bathroom.

Lighting

Every room used, or intended for use, by the tenant of the house as a habitable room, shall have adequate natural lighting. Every hall, stairs, and landing within the house and every room used, or intended for use, by the tenant of the house shall have a suitable and adequate means of artificial lighting.

The windows of every room containing a bath or shower and a water closet shall be suitably and adequately screened to ensure privacy.

Fire Safety

Each house shall contain a suitable self-contained fire detection and alarm system. Each house shall contain a suitably located fire blanket.

Each self-contained house in a multi-unit building shall contain a suitable fire detection and alarm system and an emergency evacuation plan. Suitable fire detection and alarm system shall be provided in common areas within a multi-unit building.

Emergency lighting shall be provided in all common areas within a multi-unit building. A “Multi-unit building” means a building that contains 2 or more houses that share common access.

Fire detection and alarm systems and emergency lighting systems required must be maintained in accordance with current standards. “Current standards” means standards produced by the National Standards Authority of Ireland for Fire Detection and Fire Alarm Systems in Buildings and for Emergency Lighting.

Refuse Facilities

The house shall have access to suitable and adequate pest and vermin proof refuse storage facilities.

Gas, Oil and Electricity Installations

Installations for the supply of gas, oil and electricity including pipework, storage facilities and electrical distribution boxes shall be maintained in good repair and safe working order.

Information

Sufficient information shall be provided to the tenant about the rented property, the fixed building services, appliances and their routine maintenance requirements so that the occupant can operate them correctly.

Older Regulations

Regulations made in 1993 prescribed minimum standards for rented houses. Significant changes were made in 2009 and the more onerous requirements commenced in 2013.

The regulations apply to every house left for rent, with some minimal exceptions. A house includes an apartment.

A house must be in a proper state of structural repair. This means it must be essentially 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.

The following must be provided;

a sink in the habitable area;
a water closet and fixed bath or shower in the habitable area or on the floor above or below; there are certain limitations on houses and lettings granted prior to 1992;
adequate water and drainage is to be provided for each sink and water closet fixed bath or shower required;
an appliance or appliances capable of providing adequate heating;
facilities for the installation of cooking equipment with provision, where necessary, for the safe and effective removal of fumes and other products of combustion to the external air, and
facilities for the hygienic storage of food

Installations for electricity and gas must be maintained in good working repair and condition with safe and effective of removal fumes. Every room must have adequate ventilation. Windows and other means of ventilation must be maintained in good repair. Every bathroom or toilet must have certain minimum ventilation.

All means of preparation, cooking and storage of food, lighting and heating which are used, or intended for use, in common by the occupants of more than one house shall be maintained in good repair and safe working order.

Every sink, watercloset, fixed bath, shower, room, stairway, landing, passage, open space and another part of the building in which the let unit is situated, which is used, or intended for use, in common by the occupants of more than one unit shall be maintained in good repair and in a clean condition.

2013 Provisions

New regulations in relation to housing standards commenced in February 2009. Some of the more onerous aspects of the regulations, which relate to sanitary facilities, heating and food preparation did not come into effect until February 2013.

The regulations were much the same as regards structure and repair. A house must be maintained in a proper state of structural repair. This means that the property must be essentially sound with roof, floors, ceiling, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective.

There were additional requirements in relation to ventilation, fire safety, refuse disposal, and electricity which are now in force. The provision which came into force in 2013 required

toilet, bath and shower within the habitable area;
permanently fixed effective heating;
suitable and adequate facilities for the safe and effective removal of fumes;
specific cooking, washing, food preparation, fridges and presses.