Changes you can make to an ACT rental

Minor and special modifications

The law sorts changes into two groups (section 71AA).

A minor modification is a change that can be removed or undone so the home is restored to substantially the same condition as when you moved in, fair wear and tear excepted. The regulation adds two garden changes: planting vegetables, fruit, flowers, herbs or shrubs (shrubs no taller than 2 metres), and putting in a compost bin or tumbler, as long as existing plants don’t need to be removed. These don’t apply to common property or balconies in some apartment buildings, or where they’d break body corporate rules.

A special modification is any minor modification, plus a change made:

• for safety, such as furniture anchors, child safety gates or fittings
• on a health practitioner’s written recommendation, to help with a disability, such as an access ramp or safety rails
• to improve energy efficiency
• to allow access to telecommunications services
• for security, such as deadlocks, security doors or alarms

How to ask for consent

You must get written consent before making any renovation, alteration or addition (standard term 67). Ask in writing, describe exactly what you want to do, and say how you’ll restore it.

For a special modification: your lessor can refuse only if ACAT approves the refusal. If they don’t apply to ACAT within 14 days of your request, they’re taken to consent (section 71AB). They can attach reasonable conditions, such as using a qualified tradesperson.

For any other modification: your lessor must not unreasonably refuse consent. If you think they have, you can apply to ACAT for an order (section 71AD).

ACAT can approve a refusal of a special modification if, for instance, the lessor would suffer significant hardship, the change would break a territory law, it would need changes to other homes or common areas, or it would add maintenance costs.

Who pays, and what happens when you leave

• Unless you agree otherwise, you pay for the modification (standard term 67).
• Unless you agree otherwise, you restore the home to substantially the same condition as when you moved in, fair wear and tear excepted, when the tenancy ends. You and your lessor can agree that a change stays.
• If you add a fixture and later remove it, you must repair any damage. Fixtures you leave behind become the lessor’s property (standard term 68).

Get any agreement that a change can stay in writing, and keep it with your condition report.

If your lessor agrees to a carpentry change on condition that a qualified tradesperson does it, such as a built-in wardrobe, a new door or timber repairs, Carpenter Canberra quotes on carpentry across Canberra. Get the lessor’s consent in writing before any work starts.

Before you drill

In homes built before 1990, walls, eaves and wet-area linings may contain asbestos. Check any asbestos report and ask your lessor before drilling. See asbestos in a rental home, and Carpenter Canberra’s guide to asbestos before renovating in the ACT.