Healthy Homes Guarantees Bill

[SimonW]

I have a question about one of my properties and how this new bill might affect it. The property in question is a 2 bedroom upstairs flat (in a block of 10) with a concrete floor. I am unsure how thick the concrete floor is. There is no unit downstairs. Rather, the ground floor of my part of the building is taken up by a carport with 3 parking spaces. In other words, my unit is suspended in mid-air, supported by horizontal concrete beams and ground floor walls on 3 sides.

Will I be expected to insulate under the floor of this unit? While technically this is possible, is there actually any value in insulating underneath a suspended concrete floor? Secondly, only one of the 3 carparks below my unit actually belongs to me. Do I own the ceiling of the other two carpark spaces which forms the underside of my floor? If not, am I even allowed to affix insulation to something I may technically not own?

I am guessing if I was obligated to insulate this area, it would have to be Expol or a similar product, however there is surface mounted electrical wiring in the carport area which I understand is an issue with Expol (polystyrene chemically reacts with TPS electrical cabling). That electrical wiring does not belong to me either so I probably can't touch or modify it.

This could be a bit of a minefield.......

[Perry]

This could be a bit of a minefield.......

Minefield hazards never stopped the do-gooders before, because they're getting high on OPiuM. (Other people's money)

But you should be alert to the submission process and make sure you add yours.

[Wayne]

I have a question about one of my properties and how this new bill might affect it. The property in question is a 2 bedroom upstairs flat (in a block of 10) with a concrete floor. I am unsure how thick the concrete floor is. There is no unit downstairs. Rather, the ground floor of my part of the building is taken up by a carport with 3 parking spaces. In other words, my unit is suspended in mid-air, supported by horizontal concrete beams and ground floor walls on 3 sides.

Research the R-value of concrete.

[Bob Kane]

If it's a block of 10 flats then it's a bodycorp problem, not yours.

[SimonW]

If it's a block of 10 flats then it's a bodycorp problem, not yours.

It's a cross-lease property, not a body corporate. So it's very much my problem. Last night I read through the following document:

https://www.tenancy.govt.nz/assets/Uploads/Insulation-requirements.pdf

This guide states that:
Uninhabited outbuildings such as sheds
and stand-alone garages are exempt
from the insulation requirements.
However, where a garage is located
directly beneath habitable spaces, the
underside of the floor between the
garage and the habitable space needs
to be insulated.

So I called Tenancy Services this morning (the publisher of the above guide) and advised that I don't own 2/3rds of the ceiling beneath the floor of my unit, but it is not a habitable space. The guy I was speaking to understands the rules as they are, but he was perplexed by this scenario and didn't really have a definitive answer. He agreed that I might have to ask the other carpark owners for permission to install insulation on "their" ceiling spaces, but he could not say where I am left from a legal standpoint if those owners either refuse permission or just do not respond.

Let's just assume for the moment that the other owners either refuse permission or do not respond. In that case, I think my only course of action would be to sign a statutory declaration in front of a JP stating that I took all reasonable steps to gain permission to install underfloor insulation but was not able to gain that permission, and attach this to each and every tenancy agreement going forward.

Don't get me wrong - I would like to try and get underfloor insulation installed if I can as I have recently had the ceiling done, and the new double glazed windows have been ordered.
The concrete floor of my unit is constructed of pre-cast concrete panels and after removing the old carpet last weekend, I can see cracks and gaps between the concrete panels where the panel joints have come apart, possibly due to earthquake movement or just 40+ years of building settlement. To check whether these gaps could be resulting in heat loss, I poured water on the floor and in several places along the joins that water leaked through to the carport area downstairs.
A good thick layer of spray foam insulation beneath the floor would eliminate any air movement between the floor panels and would provide a cocoon to keep the concrete floor (and therefore the flat itself) warmer. It will come down to cost a bit though, as I have no idea what that spray foam stuff costs.

[artemis]

If it's a block of 10 flats then it's a bodycorp problem, not yours.

Not necessarily if the minimum standards relate only to the interior of a unit, which includes mid point between common areas and the unit itself. In practice there may well be some BC responsibility, such as drainage, moisture ingress, location of fixed heating units (heat pumps), ventilation systems, penetration through exterior walls.

Good point though, and this needs to be put to the MBIE consultation process to be clarified. If there is some BC responsibility then that needs to be spelt out by the regulations, and any costs included in their analysis. And impact of those costs on rents and rental availability.

[artemis]

It's a cross-lease property, not a body corporate. So it's very much my problem.
.....

Have a look at the actual regulations, here -

http://www.legislation.govt.nz/regulation/public/2016/0128/16.0/DLM6856201.html

s 18 may apply, on the grounds of not reasonably practical (if not the owner). If it were me, I would seal the floor from above because of the cracks. If you can't get permission (and costs?) from other owners then do your area on the underside and keep emails etc to show intent. Tenancy agreements can say something generic like only part underfloor insulation as the rest is not reasonably practical and refer to s18.