Legislation - Water Efficiency Service
In QLD and NSW, a landlord can only pass on water charges to a tenant if all water devices at the property meet water efficiency standards.
Queensland
In Queensland, landlords are only allowed to pass on the full charge for water consumption at a rental premises if the premises are individually metered (or water is delivered by vehicle) and if the property meets water efficiency standards for the entire period of the rental agreement.
Minimum standards for water efficiency are set out by the RTA:
- Internal cold water taps and single mixer taps* must have a maximum flow rate of 9 litres per minute.
- Shower heads must have a maximum flow rate of 9 litres per minute.
- Toilets must have a dual flush function. The full flush must not exceed 6.5 litres and the half flush must not exceed 3.5 litres with a maximum average flush volume of 4 litres based on 1 full flush and 4 half flushes.
*The standard for internal cold water taps and single mixer taps applies to taps installed over hand basins, kitchen sinks and laundry taps. Bath taps, outside taps and taps to dishwashers and washing machines do not need to meet water efficiency standards.
Proving water efficiency:
- Water efficiency measures should be stated on the entry condition report.
- Landlords should be able to prove water efficiency measures by providing written documentation e.g. receipts, packaging, warranties, instruction manuals, plumbing reports or a water efficiency certificate for the whole property issued by a compliance service provider.
If the property does not meet water efficiency standards, landlords are not permitted to pass on the full water consumption charges to the tenant. Instead the landlord and tenant must negotiate a reasonable amount to be charged for water consumption at the property (which cannot exceed the amount the landlord actually pays for the water consumption).
Since the property needs to meet water efficiency standards for the entire period of the tenant’s occupation, landlords should ensure water efficiency devices are installed before the commencement of the rental agreement and maintain water efficiency throughout the tenancy.
New South Wales
In New South Wales, landlords are only allowed to charge tenants for water used at a rental premises if the premises are individually metered (or water is delivered by vehicle) and if the property meets prescribed water efficiency standards.
Minimum standards for water efficiency are set out by Fair Trading NSW:
- No leaking taps or toilets anywhere on the property
- Internal cold water taps and single mixer taps for kitchen sinks and bathroom basins* must have a maximum flow rate of 9 litres per minute.
- Shower heads must have a maximum flow rate of 9 litres per minute.
- From 23 March 2025, all toilets must be dual flush and have a minimum 3-star WELS rating.
*The standard for internal cold water taps and single mixer taps only applies to kitchen and bathroom sinks. Other taps such as those over the bath, laundry tubs, outside taps and taps to washing machines and dishwashers do not need to meet water efficiency standards.
Proving water efficiency:
- Water efficiency measures should be stated on the entry condition report.
- Tenants have the right to ask landlords for evidence of water efficiency.
- This might include documentation for individual devices such as receipts, packaging, warranties, instruction manuals, plumbing reports or a water efficiency certificate for the whole property issued by a compliance service provider.
Maintaining water efficiency:
- If shower heads or taps need to be replaced they must be replaced with devices that meet the water efficiency standards, if the landlord is to continue passing on water usage charges to the tenant.
- When a toilet needs to be replaced it should be replaced with a dual flush toilet with a minimum 3-star WELS rating in order to meet the water efficiency requirements coming into effect on 23 March 2025.
- There are to be no leaking taps or toilets anywhere on the property when a new tenancy agreement starts. It should also be checked that there are no leaking taps or toilets every time other water efficiency measures are installed, repaired or upgraded.
Important disclaimer
The advice provided in these guidelines is of a general nature only and is a summary of the main legislation and regulations affecting electrical safety in the relevant states described. It is not to be treated as a comprehensive appraisal of all electrical safety legislation and regulations in force. This advice does not constitute legal advice and should not be relied upon as such. The advice is a summary of guidelines published by state and territory government websites. Accordingly, we have relied on the accuracy of the content published by the relevant websites in compiling this advice. You should seek legal or other professional advice before acting or relying on any of the content.