Landlord Responsibilities And Obligations in Victoria - Teoma Electrical

Landlord electrical safety and compliance obligations for commercial and industrial properties

Being a landlord of any type of rental property comes with numerous responsibilities and obligations designed with protecting yourself, your property and your tenants. A large majority of these responsibilities are vital to ensuring the structure of the building remains safe.

This dictates that the premises are suitable for any type of manufacturing and operation and the treatment of potentially hazardous health compromises such as mould. Arguably one of the most important responsibilities is the installation and maintenance of safety equipment in the building.

Our team of dedicated facilities and maintenance experts have shared their knowledge on electrical safety standards and compliance obligations for landlords.

What are ESMs?

ESMs otherwise known as ‘Essential Safety Measures’ are items designed to protect the occupants of the building and the building itself in case of emergency. These systems in place can include:

  • Air handling systems (smoke hazard management)
  • Exit doors
  • Early warning systems
  • Emergency lifts
  • Emergency lighting
  • Emergency power supply
  • Emergency warning systems
  • Exit signs
  • Fire control centres
  • Fire curtains and doors
  • Fire extinguishers
  • Fire detection and alarm systems
  • Fire hydrants
  • Fire isolated stairs
  • Fire-rated materials
  • Fire windows
  • Fire isolated passageways and ramps
  • Mechanical ventilation (incorporate a cooling tower or hot or warm water system)
  • Paths of travel to exits
  • Smoke alarms
  • Sprinkler systems.

In 2006, the Victorian Building Regulations required landlords to install various ESMs on their premises. Although required ESMs vary from site to site, each category of commercial premises is required to have its designated safety system working at the required operational level throughout the life of the building.

Types of buildings

In accordance with the Building Code of Australia, The following commercial properties are required to apply ESMs:

  • Class 1b: Some boarding houses, guest houses or hostels
  • Class 2: Buildings containing sole-occupancy units which are dwellings (e.g. apartments, blocks of flats)
  • Class 3: Backpacker accommodation, residential parts of hotels or motels, residential parts of schools, accommodation for the aged, disabled or children
  • Class 4: A dwelling in another class of building
  • Class 5: Offices for professional or commercial purposes
  • Class 6: Shops or other buildings for sale of goods by retail, including cafes, restaurants, milk bars, dining rooms, and bars
  • Class 7: Buildings used for car parks, storage or display of goods
  • Class 8: Laboratories or buildings for production or assembly of goods
  • Class 9: Public buildings such as health care buildings or assembly buildings, nightclubs, bars etc.

For more information and an individual breakdown of the required ESMs per class of buildings, please see The Victorian Builders Authority –  Consumer’s guide to essential safety measures. 

When these electrical systems in place are unmaintained or overlooked, more than just your time and money can be at risk.

Electrical safety check

As of the 29th March 2021, a legislation change in the Victorian Residential Tenancies Act saw residential rental providers undertake mandatory electrical and gas safety checks every two years in addition to annual smoke alarm checks.

Landlords now must ensure that all electrical installations and fittings in the premises (in accordance with section 4 of AS/NZS 3019) have been conducted by a licensed electrician.

If an electrical safety check has not been conducted within the last 2 years when a new tenant enters a lease agreement, the rental provider must arrange an electrical safety check as soon as possible.

If requested, they must also provide the renter with the date of the most recent safety check, in writing.

If the inspection presents the need for electrical repairs to make the property safe, the landlord is now responsible for engaging a licensed electrician to complete the repair work.

After the completion of the electrical safety inspection, landlords will receive compliance certificates (which can be used for numerous compliance matters) certifying that the property is electrically safe. A copy of these certificates must be kept to prove due diligence in case of an accident.

Landlords must keep, and be able to produce, records of gas and electrical safety checks conducted at the property and provide access to tenants.

Renters in line with the current regulations have the right to request the date of the last electrical safety check conducted and have the right to ask for a copy of the record which must be supplied within 7 days of the written request.

Landlord Responsibilities And Obligations in Victoria - Teoma Electrical
Non-compliance risks and penalties

Non-compliance with the current regulations may result in an infringement notice being issued by Council or the Fire Authority, in addition to a substantial fine. In more severe cases, it may also result in prosecution and more exorbitant fines. 

More importantly, the largest risks associated with non-compliance are the risk to the building occupants, as well as passers-by and the occupants of adjoining buildings.

Workplace manslaughter Is an offence that applies to negligent conduct by an employer or other duty holders as outlined below, or an officer of an organisation, which breaches certain duties under the Occupational Health and Safety Act 2004 (OHS Act) and causes the death of another person who was owed the duty. 

In July of 2020, the state of Victoria introduced a criminal offence into occupational health and safety laws. “The offence applies to negligent conduct by an employer or other duty holders, or an officer of an organisation, which breaches certain duties under the Occupational Health and Safety Act 2004 (OHS Act) and causes the death of another person who was owed the duty.” – Work Safe Victoria

LEARN MORE HERE  about Workplace manslaughter offences.

Did you know?

VCAT passed its Advisory Opinion holding that dictates commercial landlords must bear the costs of maintaining any Essential Safety Measures (“ESMs”) which are required at their premises – and that landlords cannot pass those costs on to their tenants.
Preventative maintenance plan

The best way to avoid electrical malfunctions and reduce risk to employees is to have a preventative maintenance plan in place. Exit and emergency lights for example are often easily overlooked as we travel daily throughout offices, schools and factories. This life-saving piece of emergency equipment is extremely vital and not to be forgotten.

Exit and emergency lighting, just one of the many important ESMs that are operating throughout a building, facilitate safe travel and passage through, and out of a building when standard lighting systems have failed due to power loss. It’s an intricate system, which requires maintenance from only experienced professionals.

Electrical inspections that service ESM such as emergency lighting, fire extinguishers and smoke detectors need to be performed by professionals who understand the latest electrical safety requirements.

However, you can ensure your entire property is covered by engaging and creating a preventative maintenance plan with a trusted electrician. By taking that extra step, for your tenants or your own business, you can take the stress and hassle out of compliance obligations, and ensure you’re covered by insurance companies, in case of an emergency.

Preventative maintenance plans provide businesses with the required HSEQ compliance (log book) to successfully complete health and safety audits

This will let you know how your property’s electrical system rates in terms of its safety, and can also detect electrical faults or potential risks to your staff.

These services can therefore save you money when it comes to insurance cover for electrical fire damage or personal injury related to electrical faults. In addition to meeting compliance obligations, working with a regular maintenance electrician, can ensure assistance with:

  • Test and tag appliances
  • Ensure energy efficiency in a facility by providing the best solutions to power usage
  • Service appliances to ensure they’re running at maximum capacity
  • Preemptively prepare for any electrical issues that may arise.
  • Reduces the probability of expensive repairs while minimising downtime for your employees.
  • Avoids any energy wastage for your company and helps direct your business toward a greener future.
  • Sustain the lifespan of machinery, safety equipment and electronics.
  • Can prevent injury-causing faults, as they’re able to detect or repair system issues before they’re irreversible.
  • Enable your staff to feel safe while providing a productive environment for work.
  • Alleviate the stress on your business from avoidable risks.
Landlord Responsibilities And Obligations in Victoria - Teoma Electrical
Why call the team at Teoma?

Your property should always be a safe environment for your tenants. Yet it can be quite time consuming to familiarise yourself with commercial obligations, as well as reduce the risk of inadequate building maintenance which can put you at significant financial risk.

That is where our team comes in! The electrical experts at Teoma have licensed professionals with over 30 years of experience regularly servicing an array of clients in Melbourne and the surrounding areas.

The team are reactive in their work and methodical in their thinking to create solutions instead of temporary fixes to electrical problems. Regular servicing is a vital aspect of managing business and schools’ health and safety.

By working with Teoma, you will have access to a national network of highly qualified, and experienced electricians that can provide you with all the services you would expect from a reliable contractor.

With fully stocked vans ready, we don’t take risks – let us look after your electrical needs. Call us today and speak with our friendly service and maintenance manager to set up your compliance inspection.