CEO, Firewize
12 Apr, 2022
In Victoria there is an obligation for the owner of a building or place of public entertainment to maintain the essential safety measures. An essential safety measure are those passive and active safety features required in a building, structure or place of public entertainment to protect and safeguard the occupants in the event of a ο¬re or other emergency.
According to the Retail Leases Amendment Act (Vic) 2020 (the Act), from October 1, 2020 a landlord (in certain circumstances) under a retail lease can pass on the costs of repairing and maintaining essential safety measures and the costs of installing essential safety measures as part of a fit-out to a tenant as outgoings.
The Victorian Civil and Administrative Tribunal ("VCAT") have also provided an advisory opinion providing further guidance to all stakeholders on the application and payment of costs associated with the provision or maintenance of essential safety measures.
These changes apply to new and existing leases, however, the landlord cannot recover ESM costs incurred before the commencement of the Amendment Act.
Firewize policy is one of continuous improvement, details of products, procedures or methods described within this document are subject to change without notice. All information provided here is believed to be correct at the time of publication.
Every effort has been made to ensure the accuracy of information which is provided in good faith nothing contained herein is intended to incorporate any representation or warranty, either express or implied or to form the basis of any legal relations between the parties hereto, additional to or in lieu of such as may be applicable to a contract of sale or purchase.
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