RCD / Safety Switch Legislation
It is now mandatory for owners and landlords to install a minimum of two residual current device / safety switches to each residential property if one or both are not in existence. This came into effect on 9th August 2009.
13. Residential premises occupied by an owner
Except as provided in regulations 16(1) and 17, an owner of residential premises that are occupied by an owner must ensure that at least 2 residual current devices / safety switches are installed in relation to the premises:
- before title to the premises is transferred; or
- before the owner enters into a residential tenancy agreement in respect of the premises; or
- before the owner makes the premises available for hire.
Penalty:
- in the case of an individual — a fine of $15 000
- in the case of a body corporate — a fine of $100 000
14. Residential premises not occupied by an owner
Except as provided in regulations 16(1) and (3) and 17, an owner of residential premises that are not occupied by an owner must ensure that at least 2 residual current devices / safety switches are installed in relation to the premises:
- before title to the premises is transferred; or
- before the owner enters into a residential tenancy agreement in respect of the premises with someone other than a person who was a tenant (as defined in the Residential Tenancies Act 1987 section 3) of the premises immediately before the commencement day; or
- unless the premises were made available for hire immediately before the commencement day — before the owner makes the premises available for hire; or
- in any event, before the second anniversary of the commencement day.
Penalty:
- in the case of an individual — a fine of $15 000
- in the case of a body corporate — a fine of $100 000
15. Common property relating to residential premises
Except as provided in regulation 16(4), an owner of common property relating to residential premises must ensure that at least one residual current device / safety switch per switchboard is installed in relation to the property before the second anniversary of the commencement day.
Penalty:
- in the case of an individual — a fine of $15 000
- in the case of a body corporate — a fine of $100 000
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