HSWA 2015: How does it affect the property industry?

There are many changes in the property management industry lately, we want to make sure not only are we are ahead of these changes by complying to all necessary standards, but that our landlords and tenants are aware of these changes.

With the Health & Safety at Work Act of 2015 becoming law in April 2016, it is now apparent that the new Act affects all people who undertake a business activity; a business is now specified as a People/Person Conducting a Business or Undertaking (PCBU). Landlords and rental properties are specifically included in this, although a lot of people seem to think this is not the case. As a person renting out a property is conducting business, each and every rental property is classed as PCBU, and is subject to the provisions of the new HSWA 2015.

The Act is part of ‘Working Safer: a blueprint for health and safety at work’, which aims to reduce workplace injury. It requires leadership as well as action from businesses, workers and Government.

Landlords and property managers cannot contract out of their obligations under the HSWA, and the primary obligation is to ensure all work carried out on the property is conducted safely and all foreseeable hazards are minimised.

At Nice Place, we want to ensure that all of our properties, property owners, tenants and anyone visiting these properties are safe, so we have enlisted the expertise of Health & Safety Coaching NZ Ltd who have established Health & Safety processes. These processes ensure that the landlord, tenant and property manager are compliant with the act, and undertaking any necessary activity to ensure safety. They will provide us both with a cost effective & compliant solution to enable you to meet your legislative requirements.

As part of our arrangement, HSCNZ will audit all contractors to ensure compliance, as well as perform random health and safety inspections on the properties we manage.

  • HSCNZ  will provide a written report for both the Landlord and ourselves concerning those properties.
  • All associated persons will receive a copy of the H&S system sufficient to provide the protection you require.
  • All Contractors will be audited to ensure that they are compliant with the Act.
  • Failure to accept this proposal could result in you facing severe fines in the event of an accident at your property.
  • The system you are supplied with will dovetail in with the system that we operate, ensuring compliance.
  • We believe you would be unable to source an H&S system equivalent to the HSCNZ process for the price that we have negotiated.

This arrangement applies to all Nice Place property owners, and will incur an additional annual fee.

If you are already Nice Place property owner, this information will be sent out to you shortly – however if this is something you do not want to participate in, you can opt-out. Please seek independent advice before doing so, as you will need to supply us with a copy of your own H&S plan for the property. Should you have any other questions surrounding this issue, please do not hesitate to contact us in the first instance.

For further information on the HSWA, have a look at the MBIE website. You can also visit here for details on how it affects the property industry.

Bianca Stables