Q I’m a self-managing landlord, and my tenants have raised concerns about the height of the second-storey balcony railings, which are 800mm high. The current Building Code requires 1000mm, but the house was built in the 1990s. I’m not sure if it complies with the regulations at the time of construction. How should I handle this to ensure the property is safe and meets legal requirements?

A Since the house was built in the 90s, it’s important to determine if it was constructed before or after the 1992 Building Code change, which increased the required railing height to 1000mm. Railings built prior to this could still comply with the older standard of 800mm. You can confirm the construction date by contacting your local council or obtaining the property’s file. Regardless of compliance with past regulations, as a landlord, you have a duty under the Health and Safety at Work Act (HSWA) to ensure the safety of your tenants. If the 800mm railing poses a risk, it’s advisable to upgrade it to meet modern safety standards. If you assess the railing as safe but your tenants are still concerned, you can encourage them to formally request a minor change. This will allow you to consider their concerns within a structured process. However, prioritising safety and potentially upgrading the railing may avoid future issues and give everyone peace of mind.

Ryan Weir

propertyscouts.co.nz