Compliance
Victorian kitchen operators often ask what the law actually requires. Here is how essential safety measures, AS 1851, the National Construction Code and food safety rules fit together.
· 7 min read
Compliance
Landlord or Tenant: Who Is Responsible for Kitchen Exhaust Cleaning in Victoria?
Exhaust cleaning responsibility often depends on the lease, the building and who owns the equipment. Here is a plain-English overview for Victorian restaurants, cafés and food courts.
By Apex Commercial Exhaust · · 5 min read
Key takeaways
- Responsibility depends on the lease, the building and who owns the exhaust equipment.
- Under Victoria's Retail Leases Act, landlords must maintain landlord-owned plant and equipment; tenants must keep premises clean and in good order.
- Building owners must maintain any essential safety measures listed for the building.
- Shared ductwork in food courts and multi-tenant buildings needs clear agreement before cleaning.
- This is general information; get legal advice for your lease.
When the exhaust is due for a clean, the question “who pays?” often follows. In Victoria, the answer depends on your lease, your building and who owns the equipment. This overview explains the main factors. It is general information, not legal advice.
Landlord or tenant? Start with the lease
Your lease is the first place to look. It may say who owns the canopy and exhaust system, who maintains it, and whether cleaning costs are passed on as outgoings.
The Retail Leases Act (Vic)
The Victorian Small Business Commission explains that under the Retail Leases Act 2003, landlords must maintain the structure of the premises and landlord-owned fixtures, plant and equipment, and that tenants must keep the premises clean and in good order, allowing for fair wear and tear. Whether a kitchen exhaust system counts as landlord-owned plant, or tenant fit-out, depends on your circumstances.
Essential safety measures
Under Victoria’s Building Regulations 2018, building owners are responsible for maintaining the essential safety measures listed for their building. Councils such as the City of Monash note that lease arrangements between owners and tenants are a civil matter, so legal advice may be needed.
Food courts and shared ductwork
Read about shared and building-managed systems
In shopping centres and multi-tenant buildings, tenants may have their own canopy connected to shared, building-managed ductwork. Agree who is responsible for each section before cleaning, and make sure work on shared systems is authorised by the centre or facility manager.
Apex can discuss cleaning arrangements with the relevant tenant, facility manager or authorised building representative. Within the agreed scope, we clean all accessible and reachable areas and record what was cleaned.
Practical steps
- Read your lease and note what it says about the exhaust system.
- Ask the landlord or centre manager about shared sections and ESM obligations.
- Agree in writing who books and pays for each part.
- Share reports so both parties have the same records.
Frequently asked questions
Does the landlord have to pay for exhaust cleaning?
It depends on the lease and who owns the equipment. Under the Retail Leases Act, landlords maintain landlord-owned plant and equipment. Get advice for your lease.
Who cleans shared ducts in a food court?
Responsibility for shared ductwork should be clarified with the centre or facility manager before cleaning, and work must be authorised.
Where can I get help with a lease dispute?
The Victorian Small Business Commission provides information and dispute assistance for retail tenants and landlords.
References & further reading
Government, regulator and Standards sources mentioned in this guide (links checked November 2026; requirements can change, so check the current version):
- Victorian Small Business Commission, Repairs and maintenance (retail tenants and landlords)
- Building and Plumbing Commission, Victoria (formerly the Victorian Building Authority), Essential safety measures (building owner guide)
- City of Monash (Victorian local council), Essential Safety Measures
- Victorian Legislation, Building Regulations 2018 (Vic), Part 15: Maintenance of essential safety measures
Need help with your kitchen exhaust? Apex Commercial Exhaust cleans canopies, exhaust ducts, rooftop fans and grease filters for commercial kitchens across Melbourne and Victoria.
This article is general information only and is not legal, insurance or compliance advice. Requirements for your kitchen depend on your system, building and obligations.
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