Unexpected events can disrupt even the best-laid plans—from once-in-a-century floods to the sudden failure of essential systems like pipes. For all owners of multi-unit developments, whether part of a Bodies Corporate or a Resident Society, it’s crucial to understand which repairs fall under the responsibility of the individual unit owner and which ones the Bodies Corporate is responsible for. 

The Bodies Corporate typically handles the upkeep of common areas and shared infrastructure, while individual owners are responsible for the care and repair of their specific units. 

The Unit Titles Act provides clarity in this regard with two key sections: 

• Section 80(1)(g) – An owner must maintain and repair their unit to prevent damage to the common property, building elements, infrastructure, or any other unit. 

• Section 138(1)(d) – The Bodies Corporate is required to repair and maintain any building elements and infrastructure that serve more than one unit. 

While these provisions are generally clear, they can sometimes create confusion, especially in complex situations. Consider this example scenario: 

An apartment complex has a water isolation valve fail, which causes flooding to a unit on the ground floor. One level above, the same valve malfunctions, resulting in further water damage to the unit, as well as the unit above. The Bodies Corporate faced a $50k excess due to water damage, which raises an important question: who should bear the repair costs? Is it the responsibility of the Bodies Corporate or the individual unit owners? 

After careful consideration, the committee decides to rely on Section 80(1)(g) and charge the individual owners. However, this decision may be met with objections from the owners and will need to be reviewed by legal counsel. 

This situation highlights the importance of committee members understanding the nuances of the Act. In cases where the interpretation isn’t straightforward, seeking legal advice is essential to ensure a fair and informed decision. 

Committee members, who are often volunteers, can face challenging decisions with far-reaching consequences. Understanding the Act’s nuances is vital to ensuring fair outcomes for all parties. 

When faced with ambiguity in the Act, it’s essential to rely on expert legal advice to ensure the right course of action, protecting both individual owners and Bodies Corporate alike. 

Smoke alarms are now compulsory in rental properties, and they can save lives. If you’re a landlord, you’ll need to make sure you’re meeting the requirements.

Due to changes to the Residential Tenancies Act, every rental property in New Zealand must have smoke alarms fitted by July 1, 2016. Landlords need to make sure a working smoke alarm of the right type is in place, and tenants must replace batteries and notify landlords of defects.

If you have a residential rental covered by the Residential Tenancy Act, you need to know about these requirements.

What are your responsibilities?

• The landlord is responsible for making sure the correct smoke alarms are in place and in working order at the beginning of every new tenancy.
• It’s against the law for landlords to fail to comply with smoke alarm obligations. The maximum penalty for this offence is $4000.
• The tenant is responsible for replacing batteries (if required) during their tenancy.
• It’s against the law for tenants to damage, disconnect or remove a smoke alarm. That includes removing the batteries (unless it’s to immediately replace expired batteries). The maximum fine for this offence is $3000.

How many smoke alarms are required?

• There must be at least one working smoke alarm within three metres of each bedroom door (including any room a person might reasonably sleep in).
• In a self-contained caravan, sleep out or similar there must be at least one working smoke alarm.
• In multi-storey units there must be one smoke alarm on each level within the household unit, even if no-one sleeps there.
• If you want to go beyond the minimum legal requirements, the New Zealand Fire Service recommends having a smoke alarm in every bedroom, living area and hallway.

What kind of smoke alarms are needed?

• Long-life photoelectric smoke alarms are now required where there are no existing alarms. These are safer and more cost-effective over time, because the battery life is at least eight years.
• You don’t need to immediately replace working smoke alarms. But when existing smoke alarms expire or need replacing, the replacements must be long-life photoelectric smoke alarms.
• Hard wired smoke alarms are also acceptable.

Installing smoke alarms

• All smoke alarms must be replaced in accordance with the manufacturer’s recommended replacement date stated on the alarm.
• All new and replacement smoke alarms in rental properties must be installed according to placement requirements provided in the manufacturer’s instructions. The illustrations shown here from New Zealand Standard 4514 provide a simple guide on where to place alarms. You can also find helpful information on the NZ Fire Service’s website.
• When smoke alarms are installed or replaced, you should ensure the alarms you purchase comply with the manufacturing standard: Australian Standard AS3786:1993; or equivalent international standard: UL217 (USA), ULCS531 (Canada), BS5446: Part 1 (United Kingdom), BS EN 14604 (United Kingdom) or ISO12239 (International). This should be displayed prominently on the packaging.

Find out more about the regulations and law changes on the Ministry of Business, Innovation and Employment website.

Note: These regulations don’t override any additional compliance requirements for smoke alarms in other legislation (e.g: multi-unit residential complexes, student accommodation or boarding houses).

This article is based on information from the Ministry of Business Innovation and Employment, released in June 2016. Strata takes no responsibility for the accuracy of the information or for any consequences of any actions taken by the readers of this article.