Is your property compliant?
Changes to the Residential Tenancies Act and its regulations came into effect on 29 March, 2021, imposing significantly more safety and compliance obligations on Victorian property managers and owners.
Here’s a breakdown of what this means
Who does the new legislation affect?
The new legislation will impact landlords, their property managers and tenants.
Landlords are legally responsible for making sure the new mandatory safety activities are implemented at properties they rent.
Agents who are contracted to manage properties will bear the burden of increased administration and ensuring that new procedures are in place to keep properties compliant as the new legislation comes into effect.
Tenants will have the right to request the dates of most recent safety checks and to expect that checks are up to date. This means that record-keeping by landlords and agents will be paramount.
What are the mandatory safety activities under new legislation?
Annual smoke alarm checks will be mandatory in Victoria. Rental providers will also be required to provide tenants with specific information in writing about the use and testing of smoke alarms, and about the tenant’s obligations regarding smoke alarms.
The new regulations also cover other mandatory safety activities, including:
- Electrical safety checks every 2 years
- Gas safety checks every 2 years
- Carbon monoxide alarm testing every 2 years (where installed)
New obligations triggered for any new written lease agreement (new or renewal).
What does the new legislation mean for me as a property manager?
- Rental providers will need a watertight system in place to implement smoke alarm checks (every 12 months), electrical safety checks (every 2 years), gas safety checks (every 2 years) and carbon monoxide alarm testing (every 2 years) to keep properties compliant.
- Detailed records of all smoke alarm, gas and electrical safety checks must be produced and kept until a record of the next safety check is created, including:
- The name of the licensed or registered technician, gasfitter or electrician
- The license or registration number of the technician, gasfitter or electrician
- The date the check was conducted
- The results of the check, including any repairs that were required and actions taken to address the repair
- Rental providers will need to access and provide a record of the most recent smoke alarm, gas or electrical safety check to the renter within 7 days of receipt of a written request from the renter.
- Rental providers will be required to provide new tenants with information, in writing, including:
- Information about how each smoke alarm on the premises works
- Information about how to test each smoke alarm on the premises
- Information about the renter’s obligation to not tamper with smoke alarms and to notify the rental provider as soon as practical if a smoke alarm is not in working order.
What were the previous requirements for smoke alarm, gas and electrical safety in Vic?
Smoke alarm safety activities
The Victorian Building Regulations 2018 requires smoke alarms to be installed in accordance with the Building Code of Australia (BCA).
This includes specific requirements for the location of smoke alarms and the number of smoke alarms (a minimum of one on every storey, with particular requirements for placement on storeys that have bedrooms).
Residential homes constructed before 1 August 1997 require only 9-volt battery-powered smoke alarms. Residential homes constructed after 1 August 1997 require 240-volt hard-wired smoke alarms with a backup battery.
Landlords are responsible for the installation of smoke alarms and are also required to maintain the rented premises in good repair under the Residential Tenancies Act. To work out what “good repair” means for a smoke alarm, we look to authorities such as the Metropolitan Fire Brigade for guidelines.
More details can be found on our smoke alarms legislation page.
Gas safety activities
Rental providers are generally required to maintain rental premises “in good repair”.
Legislation does not currently specify a timeline for testing for gas appliances, so landlords need to look to authories such as Energy Safe Victoria for guidance to work out what “good repair” means for gas appliances.
Energy Safe Victoria provides step-by-step guidelines for maintaining gas safety, and states that gas heaters should be serviced by a qualified gasfitter at least every two years. Faulty gas appliances put tenants at risk of injury and death.
Electrical safety activities
Rental providers are generally required to maintain premises “in good repair”.
Legislation does not currently specify a timeline for electrical safety checks, so landlords need to look to authories such as Energy Safe Victoria to work out what “good repair” means for electrical installations and appliances.
Energy Safe Victoria provides step-by-step guidelines for maintaining electrical safety, and states that “the landlord and the landlord’s agent should work together to ensure that a safety check for all [electrical] appliances is carried out at agreed intervals and at least every two years”. Faulty electricals put tenants at risk of injury and death.
How does the new legislation effective from 29 March 2021 differ from previous legislation?
Smoke alarm safety
- In addition to installing smoke alarms according to specifications in the Building Code of Australia, rental providers must ensure that smoke alarms are installed in accordance with the manufacturer’s instructions specific to each brand/type of alarm.
- Further to the general requirement to maintain premises “in good repair”, the new regulations include specific requirements including annual smoke alarm checks and timelines for battery replacements.
- Under the new legislation it will be compulsory for rental providers to give new renters particular information in writing, including information about how smoke alarms operate, battery testing procedures, and the tenant’s obligations regarding smoke alarms.
Gas safety
- Further to the general requirement to maintain properties in a state of “good repair”, the new legislation specifies that gas safety checks will be mandatory every 2 years.
- Where carbon monoxide alarms are installed, testing will be mandatory every 2 years.
- Under the new legislation, renters will have the right to request a record of the most recent safety check and rental providers must provide it within 7 days.
Electrical safety
- Further to the general requirement to maintain properties in a state of “good repair”, the new legislation specifies that electrical safety checks will be mandatory every 2 years.
- Under the new legislation, renters will have the right to request a record of the most recent safety check and rental providers must provide it within 7 days.
When will new legislation be coming into effect?
In Victoria, new revisions to the Residential Tenancy Regulations (Vic) were published for comment in November 2019 and came into effect on 29 March 2021.
Practical complexities have emerged from the sheer volume of properties needing to complete the checks and the limitation of available, trained and qualified technicians available to do so. Demand for services and checks have also spiked, so it’s important for property managers to be organised before it’s too late.
Detector Inspector’s Safer Home Package was specifically designed to reduce the burden of the new compliance requirements for landlords and property managers alike, whilst providing safer homes for tenants.
By offering a bundled discount, and a low recurring annual subscription fee, the Safer Home Package provides year-round protection and compliance assurance across smoke alarms, gas and electrical services.
What are the responsibilities of a landlord and tenant in a rental property?
Smoke alarm safety
Smoke alarms must be installed in all Victorian homes, units, flats and townhouses. Landlords are responsible for fitting smoke alarms in rented properties and for changing batteries under the new legislation.
Tenants are responsible for notifying landlords as soon as practicable if a smoke alarm is not in proper working order.
Additional information on responsibilities for landlords and tenants is available on Consumer Affairs Victoria’s safety advice page.
Gas safety
Landlords and agents are responsible for servicing gas heaters in rental properties every 2 years (as recommended by Energy Safe Victoria). Under new legislation the recommended testing will become mandatory.
Tenants must use their heaters correctly and report any issues as soon as possible.
For more information, visit the landlords and tenancy page on the Energy Safe Victoria website.
Electrical safety
Landlords should maintain all electrics and electrical appliances in safe working order, ensure that work is only carried out by a licensed/registered electrician, and remain records of safety checks and all electrical work carried out. Under new legislation the recommended regular checks will become mandatory.
Tenants should use appliances in accordance with manufacturer’s intent, not tamper with electrical installations, immediately report any faults and allow reasonable access for licensed professionals to engage in electrical work.
Additional information is available on Energy Safe Victoria’s electrical safety page.