Rooming houses or residential accommodation are required to be registered under the Residential Tenancies Act 1997 and under the Public Health and Wellbeing Act 2008.
The Residential Tenancies Act 1997 describes a rooming house as a building where:
- one or more rooms are available for rent and
- the total number of people who may occupy those rooms is four or more and
- each resident pays rent.
Before commencing a rooming house you need to meet legal requirements associated with the following departments within Council, in the following order:
- Statutory Building
- Statutory Planning
- Environmental Health Department
In addition to permits from Council there are criteria which must be met and are managed by Consumer Affairs Victoria.
- Shared accommodation with a floor area of no more than 300 square metres and no more than 12 residents is classified as a Class 1b building by the Building Code of Australia (BCA).
- When an owner changes the use of their home from Class 1a (a single dwelling) to Class 1b, they must obtain a building permit and ensure that essential safety measures are maintained.
- On the satisfactory completion of the building work an Occupancy permit or Certificate of Final Inspection is issued by the Relevant Building Surveyor.
- Unauthorized conversion of Buildings (converting a building from Class 1a to Class 1b) may constitute an offence which can be prosecuted by Council. It may also lead to danger to residents due to inadequate fire protection or sub-standard conditions.
A planning permit is required for use of shared accommodation where there are more than 10 habitable rooms. A habitable room is defined as any room of a residential building other than a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, or other space of a specialised nature occupied infrequently.
Environmental Health requirements
Under the Public Health and Wellbeing Act 2008 a Rooming House must register with us as a 'Prescribed Accommodation' and comply with the Public Health and Wellbeing Regulations 2009.
The Public Health and Wellbeing Regulations 2009 aim to prevent overcrowding in prescribed accommodation, ensure reasonable standards of hygiene, sanitation and maintenance, and reduce the risk of spreading communicable diseases.
The Environmental Health Department are unable to process any application until both building and planning requirements are met, including obtaining the appropriate Occupancy permit.
Consumer Affairs Victoria
The Residential Tenancies Act 1997 also sets out a range of rights and responsibilities for rooming house landlords and tenants.
Further information regarding the Residential Tenancies Act 1997 can be obtained from the website or by contacting the Barwon South West Office at Level 5/30A Little Malop Street, Geelong.
What happens next
In order for us to register your business it is recommended that you submit house plans before applying for registration. This will assist in approving your registration efficiently by ensuring that the premises comply with relevant standards and minimise the risk of having to undertake costly remedial work. The service also incorporates the costs associated with onsite progress and final inspections. The Proposal to Register form should be submitted with the applicable fee to start this process.
Our Environmental Health Officer will carry out an inspection to assess compliance with the standards. When we are satisfied that the premise complies, a letter will be sent to you and any items needing to be adhered to, will be included as well as a Registration Form under the Public Health & Wellbeing Act. This form and payment must be returned to us, then a certificate of registration will be issued and the rooms can then be rented out.
Once registered, our Health Department will undertake annual inspections of the property to ensure standards within the rooming house are being appropriately maintained.
General set up requirements
- Overcrowding - Owners/proprietors must comply with regulations in relation to the maximum number of people permitted to reside in each bedroom. A room must not be permitted to be used as a bedroom if it has a floor area of less than 7.5 square metres.
- Maintenance - All bedrooms, toilets, bathrooms, laundries, kitchens, living rooms and any common areas provided with the accommodation must be maintained in good working order; in a clean, sanitary and hygienic condition and in a good state of repair.
- Water supply - A continuous and adequate supply of water must be provided to all toilet, bathing, kitchen, laundry and drinking water facilities and hot water to all bathing, laundry and kitchen facilities.
- Toilet and bathing facilities - At least one toilet, one bath or shower and one wash basin for every 10 persons must be provided for persons occupying the accommodation.
- Register of occupants -A register recording names and addresses of persons occupying the accommodation and dates of their arrival and departure must be retained for at least 12 months after the date of the last entry in the register.
Consumer Affairs Victoria Licensing
The rooming house
operators licensing scheme, established under the Rooming House
Operators Act 2016, came into effect on 26 April 2017.
All rooming house
operators (except those that are registered housing associations or housing
providers under the Housing Act 1983) must apply for a licence
prior to legally operate their rooming house(s).
Licensing Authority (BLA) within the Department of Justice and Regulation will
be responsible for granting licences to applicants who are 'fit and proper
persons'. More information can be obtained from the Consumer Affairs Victoria website or by contacting BLA on
1300 135 452.
Failure to register
If we become aware of shared accommodation facilities that breach building, public health and planning laws, we will co ordinate investigation and enforcement activities to achieve compliance. We would initially seek to work with owners/proprietors to achieve compliance.
However, where necessary, we may use a number of enforcement options available. This includes issuing of orders/notices to upgrade safety measures of the building, prohibit occupation and remedy any breaches of standards under the Public Health and Wellbeing Regulations and the Planning Scheme.
We may also serve an infringement notice for offences, including operating an unregistered business.