Frequently Asked Questions
Our experts at Hornet Property Services will be able to answer all your questions.
Q: Does the new legislation affect property managers, landlords and tenants?
A: Yes, it does. Landlords will be legally responsible for implementing the new mandatory safety activities at all properties they rent.
Increased administration duties and ensuring new procedures are in place will be the duty of agents contracted to manage properties.
Record-keeping by landlords and agents will be vital as tenants have the right to request the dates of the most recent safety checks.
Q: What are the responsibilities of a landlord and tenant in a rental property?
A: Smoke alarm safety is paramount, and must be fitted in all homes, flats, town houses and units in Victoria. The responsibility for rented properties lies with the landlord along with changing the batteries under the new legislation. It is the tenant’s responsibility to notifying the landlords as soon as is practical if a smoke alarm is faulty.
Additional information can be found on Energy Safe Victoria’s electrical safety page.
Q: What date will the new legislation take effect?
A: 29th March 2021.
Hornet Electrical, Plumbing & Smoke Alarm Services anticipate an increased demand for our qualified technicians due to the sheer volume of properties needing to complete all checks.
We strongly advise booking well in advance for our fully comprehensive service ensuring total compliance with the new RTA Regulations.
Additional information can be found on Energy Safe Victoria’s electrical safety page.
Q: I am a property manager, so what does the new legislation mean for me?
A: Smoke alarm checks every 12 months.
Electrical safety checks every 2 years.
Gas safety checks every 2 years.
Carbon monoxide alarm testing every 12 months.
Detailed records of all the above must be kept until a record of the next safety check is recorded. This includes the name of the provider, registration number, date and results of the check including any repairs undertaken.
Rental providers will need to provide renters with the most recent gas or electrical plus smoke alarm safety checks within 7 days of a written request. Also written information is to be provided about the working of each smoke alarm, how to test them plus their obligations on not tampering with the alarm and reporting any fault as soon as is practical.
Q: What are the current requirements for gas, electrical and smoke alarm safety in Victoria?
A: Gas safety activities.
Rental providers are duly required to keep rental properties in good repair. Currently legislation does not specify a timeline for gas appliance testing so landlords need to seek information from authorities such as Energy Safe Victoria for guidance on what “good repair” means for gas appliances.
Faulty gas appliances put tenants at risk of injury or death. Energy Safe Victoria provides step by step guidelines for maintaining gas safety and clearly states that gas heaters should be serviced by a qualified gas fitter at least every two years.
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 and the number of smoke alarms including one on every storey, with requirements for placement on storeys that include bedrooms.
Homes built prior to 1st August 1997 require only 9-volt battery powered smoke alarms. Homes constructed after that date require 240-volt hard-wired smoke alarms with a backup battery.
Responsibility for the installation of smoke alarms belongs to the landlord as is the requirement to maintain the rented premises in good repair under the Residential Tenancies Act.
Electrical safety activities.
Rental providers are largely required to keep rental properties in good repair. Currently legislation does not specify a timeline for electrical safety checks, so landlords need to seek information from authorities such as Energy Safe Victoria for guidance on what “good repair” means for electrical installations and appliances.
Faulty electrical puts tenants at risk of injury or death. Energy Safe Victoria provides step by step guidelines for maintaining electrical safety and states landlords and tenants should work together to ensure a safety check at least every two years.
Q: What are the mandatory safety activities under the new legislation?
A: Annual smoke alarm checks will be mandatory in Victoria as drafted, with rental providers required to provide tenants in writing specific information regarding their obligations regarding smoke alarms, plus the use and testing of them.
New regulations also cover other mandatory safety activities, including Gas and Electrical safety checks every 2 years (and within 2 years of any new rental) plus carbon monoxide alarms testing every 12 months (where installed).
Need to know more. Just get in contact us with and we will help.
Are you a Landlord?
Regulations in Victoria are changing in 2021. Hornet’s expert services will make sure you know exactly what you need to provide.
