Claiming Essential Safety Measures from the Tenant
Overview
The Building Regulations 2018 require landlords of certain types of commercial premises to have Essential Safety Measures installed and maintained in their premises.
Landlords of retail premises were previously prohibited from recovering these costs from the tenant. However, in 2020, some changes came into effect that altered the obligations and rights of landlords and tenants of retail premises.
Landlords are now able to recover Essential Safety Measure costs from the tenant if they have agreed to pay those costs pursuant to the retail lease and disclosure requirements.
It is important to note however that the obligation for building safety remains the responsibility of the landlord and not the tenant.
What are Essential Safety Measures?
Essential Safety Measures are measures that must be taken in any property to ensure the safety of everyone inside. Essential Safety Measures include items listed in Schedule 8 of the Building Regulations 2018 and includes exit doors, exit signs, sprinkler systems, smoke control systems, smoke alarms, emergency lighting, fire hydrants, fire extinguishers, paths of travel to exits and mechanical ventilation.
Steps to recover Essential Safety Measure Costs
Essential Safety Measure costs can only be recovered where the Lease allows and the  landlord discloses such costs as an outgoing.
What to do moving forward?
You will need to negotiate your lease with either the landlord or tenant. It is important to outline in the lease and define the following:
- The items and expenses relating to Essential Safety Measures that are recoverable;
- The amount each party will contribute; and
- Which party is responsible for what maintenance is performed and when.
If you have any questions about your legal obligations regarding Essential Safety Measures or require assistance in negotiating or preparing your new lease agreement, contact one of our Real Estate Lawyers today on + 61 3 9822 8588 or email HERE.
