1. Purpose of policy
1.1 Purpose
The Homes NSW Alterations to a Home Policy relates to tenant or third-party requests to undertake and fund alterations to existing homes.
1.2 Background
Homes NSW properties are fit for purpose and maintained to the asset standards and conditions established by the NSW Residential Tenancies Act 2010. Although applicants and tenants are allocated premises that match individual circumstances, alterations may be required in response to arising health conditions.
When a tenant submits a request to alter their home, Homes NSW considers a range of criteria including:
- the extent of work required
- consistency of the alteration with the nature, classification and future use of the property
- compliance with Homes NSW Component Requirements
- all approval requirements, conditions and standards of relevant statutory authority (i.e. local council, Heritage NSW). Please note in these instances Homes NSW can only grant ‘in principle’ consent subject to third party mandatory approval
- whether the alteration is one that accommodates a disability or medical condition
2. Definitions
The table below is a list of terms, keywords and/or abbreviations used throughout this document.
Term | Definition |
---|---|
AHO | Aboriginal Housing Office |
CHPs | Community Housing Providers |
Head lease | A private rental market lease which is sub-leased by Homes NSW to approved social housing tenants |
NDIA | National Disability Insurance Agency |
Tenant | Existing tenant of a Homes NSW managed property |
Applicant | Approved applicant on the NSW Housing Register that has accepted an offer of public housing [managed by Homes NSW] |
Alteration | An alteration is a request from a tenant to make an alteration to their home. Alteration means to change/install/remove and make good in accordance with Homes NSW requirements. Alterations are not funded by Homes NSW |
3. Scope
This policy applies to all properties managed by Homes NSW including properties owned by the Aboriginal Housing Office (AHO).
4. Legislation and Policies
The Alterations to a Home Policy was developed in accordance with:
- Housing Act 2001
- Residential Tenancies Act 2010 NSW (RTA)
- Residential Tenancies Regulation 2019
- Disability Inclusion Act 2014
- Disability Discrimination Act 1992 (DDA)
- Protection of the Environment Operations Act 1997
- Tenant Repair Costs Policy
- Painting Internal Policy
- TV Antenna Service Policy
- Pay TV Satellite Dishes and Antennas Policy
- Homes NSW Component Requirements
- Home Modifications (Disability) Policy
- Terms of the NSW Tenancy Agreement.
5. Policy statement
5.1 Overview
5.1.1 Responsibilities and conditions
It is necessary for tenants to obtain approval from Homes NSW before any alteration work is undertaken on a home. Unauthorised work is considered a breach of the Residential Tenancy Agreement and action can be taken in the NSW Civil and Administrative Tribunal (NCAT) to compel the tenant to remove the alteration and make good any associated damage.
Alterations to a heritage listed property may also require a development application or confirmation of exemption from local council.
When seeking permission to alter a home, tenants must:
- submit a detailed written request of the intended alteration as well as copies of related plans or drawings where appropriate and
- submit copies of any associated third party approvals, including ‘in principle’ approvals if required, and
- arrange for the work to be carried out and
- repair any damage to the property caused during construction work and
- ensure the work is carried out in accordance with Protection of the Environment Operations Act 1997 and by qualified/licensed contractors (where required) and
- pay costs associated with installing, maintaining and removing the alteration and
- advise Homes NSW once the work is completed and submit copies of any certificates issued and
- maintain the alteration throughout the term of the tenancy and
- have the alteration removed at the end of the lease and the property restored to the condition it was originally in before the alteration was made (make good), otherwise charges under Tenant Repair Costs Policy may arise. When a written waiver has been provided, stating the alteration can remain in the property, the tenant is not required to remove or make good, and the alteration then becomes the property of the landlord.
Completed alterations must:
- match the current design (both internal and external) and
- not impact on any point of entry or exit and
- not adversely impact adjoining dwellings and
- not compromise the structural integrity of the property and
- not alter the property’s configuration, for example adding rooms, or changing the internal layout of rooms.
Applications for alterations will be declined if the proposed alteration:
- cannot be maintained easily or
- is not consistent with the nature of the property or
- is prohibited by law or regulations or fails to comply with existing caveats or covenants.
Alterations to accommodate a disability or health condition
Tenants and applicants that have accepted an offer of a Homes NSW managed property with modification requirements are also able to undertake self or third party funded modifications e.g. through the National Disability Insurance Agency (NDIA) or by another support organisation.
Tenants or applicants who do not have their own or alternative funding may apply for Department funded home modifications.
For further information go to the Home Modifications (Disability) Policy.
5.1.2 Extent of work
Minor alterations that do not require prior written approval include:
- installing telephones
- installing picture hooks
- installing garden sheds, no bigger than 7 square metres
- installing a worm farm or compost bin
- building a garden bed more than 1 metre from existing buildings
- laying lawn
- planting trees or shrubs that will not grow higher than 3 metres when mature and planted at least 3 metres from any existing structure
- Installation of solar systems under the NSW Government’s Solar for Social Housing Program
All other alterations, including those to a common area, require written approval. Examples include:
- built-in-cupboards or wardrobes
- carpet
- carports and garages
- fences
- floor tiles
- fixed appliances, such as air-conditioners and heaters
- minor internal painting (decorative coat), refer to the Painting Internal Policy
- paving
- pergolas or gazebos
- rainwater tanks
- roof ventilator (whirly bird)
- security shutters and security grilles
- screen doors
- solar panels not installed under the NSW Government’s Solar for Social Housing Program
- swimming pools
- television antennas, satellite dishes and pay TV facilities
- disability modifications
5.1.3 Reimbursement
A tenant can apply for reimbursement for approved alterations, excluding swimming pools, should they be relocated for management purposes to another property which does not have a comparable amenity, and the alteration cannot be relocated to the new property.
Reimbursement will be calculated by determining the value of the alteration, less fair wear and tear. A tenant may not apply for reimbursement for solar panels under the Solar for Social Housing Program.
5.2 Alteration Type
5.2.1 Security shutters and security grilles
Shutters should blend in with the building and surrounding locale. Only manual shutters may be installed because electrically operated systems can fail during a fire.
Security shutters and grilles, such as ‘Crimsafe’ with industrial strength mesh will only be approved if they:
- are keyless and capable of quick-release from the inside and
- meet Australian Standards.
5.2.2 Swimming pools
In-ground swimming pools must not be installed, however external portable and inflatable pools, spa pools or permanent above ground swimming pools, not in common or internal areas will be considered. Pools (existing and new) must comply with the Swimming Pools Act 1992.
Pool safety requirements apply to all pools (including spa pools) with a depth capacity of more than 300mm, with a primary purpose of swimming, wading, paddling or any other human aquatic activity.
Tenants must apply to and receive written permission from Homes NSW before installing one of the approved pool types and must agree to the following conditions:
- installation of a pool safety fence and gate (child resistant barrier) as required by legislation. Please note, spa pools require either a child resistant lockable lid or a pool safety fence and gate and
- installation of a resuscitation warning sign, as required by legislation and
- prior development consent from council for a permanent above ground pool and
- prior developmental consent guidance from council before installing a 2000 litre or greater capacity portable/inflatable pool with filtration systems and
- registration of the pool (on the NSW Government Swimming Pool Register) confirming compliance with legal safety requirements and council regulations and
- after installation of a permanent above ground swimming pool, obtain a Certificate of Compliance from council and
- provide evidence of registration and compliance to Homes NSW and
- pay all costs associated with the pool’s installation including fencing, signage, drainage, registration, and inspection and compliance certification and
- pay all ongoing maintenance costs and
- cover any damage costs to property caused by the pool installation during the life of the tenancy and
- ensure the overflow of any water is limited and
- cover all costs associated with removing the pool and all associated equipment and restoration of the yard at the end of the tenancy.
If a tenant is relocated, they will not be compensated for the costs of relocating the pool. Responsibility for pool safety remains at all times with the tenant including the supervision of young children around pools.
5.2.3 Internal painting
Major internal painting
Generally, tenants will not be granted approval to undertake any painting where restoration or preparation of the walls is necessary such as surface preparation, sanding and undercoat application. Applications to undertake internal painting conducted by a qualified trade inclusive of any preparation will be considered.
Internal or external floor painting will also not be approved.
Minor internal painting (decorative coat)
Minor internal painting for decorative purposes will be considered where a property is not scheduled for internal painting under a maintenance and upgrade program.
For further information go to the Painting (Internal) Policy.
5.2.4 Rainwater tanks
Installation of rainwater tanks will generally be approved if the tank is not connected to internal plumbing. All work must be carried out by a licensed plumber and comply with council or water authority requirements.
5.2.5 Solar panels (Solar Photovoltaic (PV) systems)
Approval to install a solar PV system will be allowed under two different scenarios:
1. Satisfying the following conditions:
- The tenant agrees to sign and abide by the conditions set out in Homes NSW Solar PV System Agreement, and the tenant is not participating in the NSW Government’s Solar for Social Housing Program.
- The system will be installed on a cottage, townhouse or villa with its own roof.
- The roof is large enough to accommodate the installation and the solar panels do not touch or cover roof spaces of adjoining dwellings.
- There is no significant shading on the roof, for example from trees or other buildings.
- The work is carried out by a licensed electrician.
- The tenant agrees to pay all costs associated with the installation and ongoing maintenance of the system.
- The tenant agrees to restore the property to its original condition at the end of their tenancy if taking the system with them.
- The installer and system meet the current Australian guidelines and standards. Installers must hold a Clean Energy Council Solar PV accreditation. Refer to the Clean Energy Council and NSW Fair Trading for further information.
- The tenant needs to arrange for the installation of a new smart/digital meter with their electricity retailer.
Clause 67 of the Homes NSW Residential Tenancy Agreement ensures renewable energy certificates or other associated rebates and benefits entitlements under a renewable energy scheme for solar PV systems may be claimed by completing and submitting an ‘Authority to Pay’ letter.
2. Installing a Solar PV system under the Solar for Social Housing Program. Installations under this program do not require specific prior written approval from Homes NSW.
5.2.6 Trees, plants, shrubs and garden beds
When planting trees and shrubs, do not plant noxious weeds or plants with toxic leaves or sap or trees that grow more than 3 metres in height or have invasive roots. Refer to taking care of your garden information.
Do not build garden beds above ground level against existing structures (e.g. buildings, walls, fences, roofs).
In multi-dwelling complexes, common area gardens must not be removed without prior written approval. Designated community gardens can be established with approval where vegetables, herbs and citrus/fruit trees can be grown.
5.2.7 Television antenna service: Free-to-air
Dwellings will be fitted with common or individual TV antenna systems and associated cabling. The Television Antenna Service Policy outlines specific details on the installation and maintenance of TV antenna.
5.2.8 Pay Television: satellite dishes and antennas
The tenant is responsible for arranging contracts and paying subscription costs and in some instances local council, body corporate or Heritage NSW approvals may be required. Further information may be found in the Pay TV Satellite Dishes and Antennas Policy.
5.2.9 Pergolas and gazebos
A pergola/gazebo requires Homes NSW and local council consent and can only be constructed within the boundary of a dwelling. The proposed structure should match the existing dwelling in materials and appearance, be structurally sound, freestanding and NOT attached to any other structure.
5.2.10 Paving
Paving must be laid with falls to drain moisture/water away from the dwelling. Paving levels must not be higher than the adjoining dwelling’s damp-proof course (DPC) and brick weep-holes.
5.2.11 Screen doors
Homes NSW permits tenants to install screen doors with standard or stronger mesh, including ‘Crimsafe mesh’ or equivalent, subject to the following:
- fire rating of the entry doorway is not compromised, and
- the screen door swing does not obstruct the emergency exit pathway, and
- the door has a single point locking mechanism, and
- the door can be opened from the inside without a key, and
- the door has a fully adjustable dampened type door closer
One-way vision mesh is not permitted.
Homes NSW does not permit security doors. Security doors (AS5039) have a triple locking mechanism and are fitted on door frames of comparable strength.
5.2.12 Powered wheelchairs and mobility scooters
Installation of external mobility scooter enclosures will be considered where:
- Scooter storage enclosures do not adversely impact the activities or safety of other residents.
- An approved external power supply is installed that is metered back to the respective user’s dwelling.
- Access doors do not interfere with paths of travel to or from other car spaces or exits.
5.2.13 Closed Circuit TV
- CCTV cameras must only capture images within the boundary of a dwelling and will not be approved if they capture images from common areas or neighboring properties except where they have been requested and approved Staying Home Leaving Violence (SHLV under the) program.
- Note, the CCTV installed must be installed by an appropriate licensed trade and must comply with current surveillance laws and standards.
5.3 Standards applicable to alterations
Alterations must meet performance requirements of selected components outlined in the Homes NSW Component Requirements.
5.3.1 Kitchen cupboards
Use only high moisture resistant (HMR) materials in cupboard construction. Standards for kitchen cupboards must comply with Homes NSW Component Requirements.
5.3.2 Bathroom alterations
Due to the potential for leaks, work that could damage the waterproofing of the bathroom is not permitted such as retiling floors or walls, relocating or installing a bath, shower or toilet. The following fittings may be installed:
- new washbasins
- wall cupboards
- towel rails, grab rails
- toilet roll holders
- shower screens.
5.3.3 New fixed appliances units, built-in heaters
You must confer with Homes NSW, Council or Strata Body Corporate before installing an air-conditioning unit to ascertain compliance requirements.
Air-conditioning units and built-in heaters must be installed by licensed tradespeople to meet the equipment manufacturer’s instructions.
Homes NSW will not permit the installation of any solid fuel wood space heaters.
5.3.4 New carpet
Carpets are not to be glued to the floor. Homes NSW does not approve the installation of carpet tiles. Refer to Homes NSW Component Requirements for approved carpet specifications.
5.3.5 Floor and wall tiles
Homes NSW does not approve tenant requests to:
- lay ceramic floor tiles over a timber or particleboard floor
- lay ceramic floor tiles to external concrete areas
- polish concrete floors
- replace floor coverings in a unit located above another unit with a floor covering that does not provide a minimum 14 dB sound reduction.
Floor and wall tiles standards are listed in the Homes NSW Component Requirements.
6. Support and advice
You can get advice and support about this policy from:
- Homes NSW Portfolio Management Division. Refer to Homes NSW for contact information.
7. Appealing decisions or actions
Many decisions made by Homes NSW can be reviewed and appealed. If a tenant or applicant disagrees with a decision concerning this policy, they should first contact their Homes NSW Client Service Officer to discuss the matter. If you are still not satisfied, you can ask for the decision to be reviewed. A review is a formal process that checks whether the right decision has been made on a matter. For more information about how reviews work visit the appealing a housing decision page and the Appeals policy.