14 September 2023 5 minutes

Whether you’re new to commercial property investment or a seasoned player, Australian commercial property compliance regulations are a must-know.

In Australia, there are a multitude of obligations property owners must fulfil before leasing their commercial rental property. Given the serious legal and financial consequences of leasing out a non-compliant property, this aspect is far too often overlooked or done poorly.

In this guide, we aim to provide you with a clear understanding of what property compliance means for your commercial property investments and offer insights on how a commercial property manager can help you minimise your exposure to risks and potential legal complications.

What is Commercial Property Compliance?

Commercial property compliance refers to the set of rules and regulations that commercial property owners across Australia must adhere to when leasing or managing commercial rental properties. These regulations are in place to protect the well-being of tenants and ensure your property is well-maintained.

It can be a time-intensive process to figure out what audits and inspections need to be done, which is why most landlords work with a property manager to meet these compliance obligations.

It’s important to note that specific compliance requirements also vary based on the state or territory in which the commercial property is located. This is why it’s important to check what laws apply in your local area or work with a commercial property manager familiar with your local regulations.

What is a certificate of compliance in property?

A certificate of compliance is an important document that certifies that your commercial property meets all local council regulations and is safe for purpose. The specific requirements for a certificate of compliance can vary depending on the location and type of property you own. However, in all cases, it’s crucial that you have this document if you’re looking to sell or rent out your property.

Essential Compliance Checks for Commercial Rental Properties Perth

Here are just some of the key checks you or your commercial property manager should be checking off when it comes to commercial property compliance in Perth.

Remember, the details vary depending on where your commercial property is located, so make sure you check your local council regulations or consult with a commercial property manager knowledgeable in local compliance regulations for specifics.

1. Energy efficiency

Commercial properties in Perth must comply with the Building Code of Australia (BCA) energy efficiency requirements.

The BCA sets out minimum energy efficiency standards for new buildings and major renovations, and landlords and tenants must ensure that their commercial properties meet these standards.

2. Fire safety

The Building Code of Australia (BCA) sets out minimum fire safety standards for commercial properties. These standards include requirements for smoke alarms, fire extinguishers, emergency lighting, and fire escape routes. The BCA also requires commercial properties to be inspected by a qualified fire safety officer every two years.

3. Gas and electrical safety

Commercial property owners need to ensure that their properties conform to gas and electrical safety regulations.

The Gas Safety Act 2002 and the Electrical Safety Act 2002 regulate gas and electrical safety in Western Australia. These Acts require commercial properties to be inspected by a qualified gas or electrical safety officer every two years.

The Gas Standards (Gas Supply and System Safety) Regulations 2000 and the Gas Safety Information provided by the Department of Mines, Industry Regulation and Safety are examples of the regulations that ensure the safety of gas consumers. The Electrical Safety Act 2002 provides for the safety of consumers’ electrical installations and appliances, and it is enforced by the Director of Energy Safety.

4. Asbestos Management

The Asbestos Management Act 2011 regulates the management of asbestos in Western Australia. This Act requires commercial properties to be inspected for asbestos by a qualified asbestos assessor. If asbestos is found, a management plan must be put in place to control the risks posed by the asbestos.

If your property was built as late as 2003 when asbestos was banned, consider it possible that your property contains asbestos.

If you plan to carry out refurbishment work, you’ll need to conduct a refurbishment survey before commencing any renovations.

5. Disability Accommodations

The Disability Discrimination Act 1992 prohibits discrimination against people with disabilities in a range of areas, including access to premises. This Act requires commercial properties to be accessible to people with disabilities. Both landlords and tenants are responsible for ensuring the property complies with the applicable disability access regulations. This includes providing accessible entrances, exits, and facilities.

6. Trades Access

As the property owner, it’s your responsibility to ensure that tradespeople can safely access the property to property to carry out required maintenance and repairs, including ensuring clear walkways and appropriate lighting.

In addition to these specific regulations, there are also a number of general health and safety regulations that apply to commercial properties. These regulations are designed to protect the health and safety of people working in or visiting commercial properties.

How a property manager can help you meet your property compliance obligations.

Property managers are essential for navigating property compliance regulations.

At Vast Commercial Property, we offer commercial property management services that specialise in navigating Perth property compliance regulations.

Our team conduct thorough audits and inspections and maintains essential compliance documents, saving you time, reducing your investment risks, and setting your commercial investment properties up for success.

Greg Isaac - Commercial Property Manager in Perth at Vast Commercial Property
Managing Director
Managing Director
Vast Commercial Property
About the author

Greg has 10+ years of experience working in the Perth property investment industry, with a specialty in commercial property management and a “can-do” attitude that sets him apart.

His proactive listening and strong negotiation skills consistently surpass expectations. When you partner with Greg, you’re not just getting a property manager; you’re gaining a dedicated advocate for your property needs.

Learn more about our commercial property management services or contact us today to discuss how we can help your commercial property thrive.