A rooming house is a building in which there are one or more individual rooms available for rent as a primary place of residence, to four or more people. Each resident pays rent for their own room to the rooming house operator, with the rest of the house considered a communal area.
Rooming houses are not the same as share houses. Residents of a share house share possession of the entire rented premises, whereas residents of a rooming house only have exclusive possession of their rented room. Share houses do not require registration.
Rooming houses play an important role in the housing market, providing accommodation for vulnerable and disadvantaged members of the community who are unable to attain a tenancy through the increasingly competitive and expensive private rental market.
Rooming house operators must have a license, be registered with Council, and ensure the property complies with minimum standards relating to privacy, security, safety and amenity. Consumer Affairs Victoria, Victoria Police and Council each play a role in the regulation of rooming houses.
Consumer Affairs Victoria
Licensing, residential tenancy laws and standards
Consumer Affairs Victoria (CAV) administers the rooming house operators licensing scheme, established under the Rooming House Operators Act 2016. These licenses are determined by the Business Licensing Authority. CAV maintains a public register of all licensed rooming house operators across Victoria.
CAV also conducts inspections and enforces residential tenancy laws set out in the Residential Tenancies Act 1997 and minimum standards in the Residential Tenancies (Rooming House Standards) Regulations 2012. More information about these standards is available on their website.
When an occupant moves into a rooming house, the operator must provide a copy of the CAV Rooming house residents guide which contains important information about their rights before, during and after their tenancy.
Victoria Police
Antisocial behaviour and illegal activity
Victoria Police respond to reports of antisocial behaviour or illegal activity associated with a rooming house premises; this may include issues such as excessive alcohol consumption, drug use, excessive noise, violence or threatening behaviour.
Urgent matters where there is a risk to the safety of residents, neighbours or property should be referred to Triple Zero (000). Non-urgent reports can be made to the Police Assistance Line (131 444).
Council
Council’s role in relation to rooming houses is to regulate and enforce planning, building and health requirements outlined in State Government legislation.
Building Compliance
Building permits for small-medium rooming houses, fire safety measures
Under the Building Act 1993, Building Regulations 2018 and National Construction Code, rooming houses must comply with a range of technical provisions on design, construction and fire safety, designed to protect the residents of the rooming houses in the event of an emergency.
Under the National Construction Code, rooming houses with a floor area of no more than 300 square meters, and no more than 12 residents are classified as a Class 1b building. When an owner/occupier changes the use of a dwelling from a Class 1a (a single dwelling) to Class 1b (rooming house), they must obtain a building permit for the new use and ensure that essential safety measures are installed and maintained.
Rooming houses must have adequate and well-maintained interconnected hard wired smoke alarms that activate a system of lighting to assist in evacuation of the building in the event of a fire. The occupier of a Class 1b building is responsible for the maintenance of exits and paths of travel to the exits.
Council’s Municipal Building Surveyors conduct inspections of rooming houses to ensure building fire safety. Fire Rescue Victoria are also able to conduct fire safety assessments. In the case of a serious breach where it is determined that there is danger to life or property, Council may issue an Emergency Order for evacuation of the premises and legal proceedings may also be initiated against the owner.
Statutory Planning
Planning permits for large rooming houses
Under the Planning and Environment Act 1987 and Stonnington Planning Scheme, a planning permit is required for use as a rooming house if it has:
- 10 or more bedrooms
- 13 or more residents
- a total floor area of more than 300 square metres.
In addition to the above requirements, a planning permit is also required for development works if the requirements below are not met:
- Bedrooms can only be accessed from within the building.
- If the development is in the General Residential Zone or Neighbourhood Residential Zone, a garden area is provided in accordance with the minimum garden area requirement specified in the zone.
- Shared entry facilities and common areas, including a kitchen and living area, are provided.
Council’s Planning Officers have the authority to enforce any conditions placed against the approved permit and require that any breaches are rectified by the owners or rooming house operators.
Public Health
Registration, overcrowding and sanitation
Under the Public Health and Wellbeing Act 2008, a rooming house must be registered with Council where there are four or more occupants.
Council’s public health team conduct annual inspections of registered rooming houses to enforce the Public Health and Wellbeing Regulations 2009, which are designed to protect the health and wellbeing of the occupants. The regulations relate to:
- Number of occupants (with maximum number determined by the floor area, number of toilets and bathing facilities and length of stay)
- Bedroom size (minimum floor space of 7.5 square metres for one occupant)
- Toilet and bathing facilities
- General cleanliness and maintenance
- Rubbish collection
- Pest control
- Water supply
Council also responds to reports from occupants, neighbours or other agencies of unregistered or non-compliant rooming houses. If a rooming house is found to be unregistered or in breach of the Public Health and Wellbeing Regulations 2009, Council can issue a notice to the operator to rectify the issue in an appropriate timeframe. If no action were taken by the proprietor, Council has the authority to issue penalty infringement notices and initiate legal proceedings if required.
If a rooming house near you is causing concern, it is recommended to speak with the occupants or rooming house operator as a first point of call. All rooming houses have an operator and although they are not required to live at the property, they should visit it regularly and may be able to rectify your concerns.
Council can investigate complaints relating to unsightliness, fire hazards, rubbish, noise, animals and pests.
If you live in a rooming house and you feel the standards and regulations described here have not been upheld, or if you have other concerns relating to your tenancy, you can contact CAV or Council depending on the nature of your concern.
CAV can provide information and advice regarding tenancy issues and disputes like bond lodgements, notice periods, rent increases, repairs or evictions.
Council can investigate matters such as overcrowding, hygiene, pests and fire safety concerns.
If you own or operate a rooming house and wish to discuss the various registration and permit requirements which apply to you, contact Council.
CAV can provide information and advice regarding licensing and tenancy standards. Council can provide information and advice about planning and building permits, registration, and public health and wellbeing standards.