A boarding house provides accommodation for a fee. Boarding houses are sometimes called lodging houses. A boarding house resident does not have the same control over the premises as a tenant does. Often a resident of a boarding house only has a right to occupy a room and to share other facilities such as a kitchen and bathroom.
The Boarding Houses Act 2012 aims to improve the standards of registered boarding houses by:
There are two types of ‘registrable’ boarding houses covered by the Boarding Houses Act 2012. These are:
It is a publicly available register of general and assisted boarding houses providing information about:
To search the Register, go to the Accommodation registers page.
Local councils have the primary role in approving new boarding houses and inspecting and enforcing safety and accommodation standards in existing boarding houses. They also have the power to fine operators of unregistered boarding houses or to issue orders for boarding houses to meet certain building, safety and accommodation standards.
If you have a concern about a boarding house in your local area, you can contact your local council. The Local Government Directory provides contact details for all councils in NSW. It is available from the Division of Local Government website.
Fair Trading and ADHC have developed a Guide for Councils (PDF size: 500kb) for local council inspectors which contains relevant contact and background information on the Act and the Regulation. The Boarding house inspections factsheet (PDF size: 170kb) provides information for councils on developing a boarding house inspection program. An Inspection report template (RTF size: 160kb) is also available.
If your boarding house has a swimming pool, the pool must be fenced and meet pool fencing requirements. Please visit the Pool fencing requirements page for further information.
Pool owners are required to register their pool with the NSW Government's Swimming Pool Register. It is the responsibility of the owner, manager or operator of the common property to ensure that the pool complies with pool safety laws. From 29 April 2016, any properties with swimming or spa pools cannot be sold, and new residential tenancy agreements cannot be entered into, unless the property has a valid Certificate of Compliance or relevant occupation certificate. These requirements also apply to common property pools and spas, such as those in boarding houses, residential parks or retirement villages. Please visit the Swimming pools page for further information.
The full text of the Boarding Houses Act 2012 and the Boarding House Regulation 2013 can be viewed or downloaded from the NSW Legislation website.
The brochure Living in a boarding house? explains what the new laws mean for boarding house residents. To order copies, fill in the Order form online or you can download and print Living in a boarding house? in PDF format (size: 1.45mb).
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