Raine and Horne Commercial

15 Commercial Insight November 2021 Fire Compliance There are several statutory requirements around the maintenance and servicing of equipment plus requirements for fire exit routes, fire doors, fit out certifications, and sprinkler systems (if applicable). Whether the lease provides for the tenant or the owner to repair and maintain equipment it is essential that these areas are addressed and that there is a system in place to ensure that the building is compliant. Asbestos An asbestos report is generally applicable for buildings built prior to 2004. If asbestos is present, there are a host of additional requirements that an owner must comply with to ensure that the risk is managed effectively. Health & Safety An Owner can no longer avoid or pass on all responsibility for ensuring the property that they provide to a tenant is safe. It is essential that they have systems and documentation in place to demonstrate that they have been a responsible landlord. Penalties There are various legal and statutory means for penalties to be imposed. For example, there are three categories of offences for failing to comply with a health and safety duty under the WHS Act or an electrical safety duty under the ES Act, depending on the degree of seriousness or liability involved. At the top end of the scale penalties for a category 1 offence can be as follows: • Corporation: Up to $3 million • Individual as a person conducting a business or undertaking (PCBU) or an officer: up to $600,000 / 5 years jail • Individual e.g. worker: up to $300,000 / 5 years jail. In addition to this there is also the risk of further private legal action against the owner for damages which can also be considerable Other Considerations Increasingly we are hearing about Insurance claims being rejected or reduced on the basis that owners have not complied with specific items or implemented enough measures to mitigate the risk. IS YOUR PROPERTY COMPLIANT ? If you a / do you if you are compliant in all the you to be? in the of the law is not acceptable. If not of any of the our can you Free / Check on: 07 3216 6666 0402 891 145 toby@RnHcommercial.com.au