PLEASE NOTE: On Monday 24th March, the amendments below were given Royal Assent by the Governor of Victoria and are now passed into law with immediate effect.
On the 6th March 2025 amendments to the Residential Tenancies Act 1997 as part of the new Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 were passed in both houses of the Victorian State Parliament. They now await Royal Assent by the Governor of Victoria to become law.
These updates were originally announced at the end of last year by the Premier of Victoria, with first, second and third readings completed in the legislative assembly and legislative council respectively.
From over 130 pages of updates, we’ve selected the key points which have an impact on safety checks and other compliance inspections.
Rental Minimum Standards must be met prior to a rental property being advertised for rent.
Should a property be listed or offered to rent and not comply with the rental minimum standards, penalties apply for individuals and body corporates as follows:
- Individual - 60 penalty units = $11,855.40
- Body Corporate - 300 penalty units = $59,277
(The value of a penalty unit is $197.59 for financial year 2024-25)
Smoke alarm safety checks must be carried out regardless of the status of the lease agreement.
Also noted in new section 68AA, any hardwired smoke alarms must be checked by a “suitably qualified person”. This includes the replacement of the back up batteries for hardwired smoke alarms.
The Government also announced in November 2024 that all Electrical & Gas checks need to be conducted at rental premises regardless of the lease start date - this section of the legislation is to be finalised.
Notices to vacate have been extended to 90 days in some circumstances.
Whilst this doesn't directly relate to safety and compliance checks, this amendment gives property managers and owners an extended window to book safety checks and conduct rental minimum standards before a property becomes vacant.
Conducting safety checks and rental minimum standards inspections are impacted by the disconnection of utilities between lease agreements which can render some checks impossible. There is also the added complication of access to the property when it is vacant.
