VCAT asked for commercial property safety measures clarification

VCAT has been asked to clarify whether a landlord or tenant should pay the costs of complying with the Essential Safety Measures in commercial premises.

The below matters have been referred to VCAT for clarity:

• The responsibilities of a landlord or tenant under a commercial lease concerning compliance with essential safety measures requirements under the Building Act 1993 and Building Regulations 2006;
• Who should pay for the costs of essential safety measures compliance under the Building Act 1993; and
• Who should pay for the costs of repairs and maintenance obligations under the Retail Leases Act 2003.

The clarification has been sought by the Victorian Small Business Commissioner Geoffrey Martin Browne.