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Your rights and responsibilities

Essential safety measures: who should pay for them

An Advisory Opinion on Essential Safety Measures was handed down by VCAT on 1 May 2015.

These safety measures include items such as smoke detectors, sprinkler systems, fire extinguishers, fire exit signs and annual safety inspections.

The key elements are:

  • A landlord must pay any costs involved with compliance with essential safety measure obligations and cannot pass on these costs to the tenant.
  • The landlord may agree with the tenant for the tenant to meet the requirement for some obligations, but at the landlord’s expense.
  • The landlord cannot pass on to the tenant as outgoings the cost of complying with certain repairs and maintenance obligations under the Retail Leases Act 2003.

Read more details on the VCAT Advisory Opinion on Essential Safety Measures.

Advisory Opinion – Essential Safety Measures (ESM) Frequently Asked Questions.

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