Who Is Responsible for Test and Tag — Landlord or Tenant? (NSW Commercial Leases)

In most NSW commercial tenancies, the tenant is responsible for test and tag of the electrical equipment they own and use in the space, while the landlord is typically responsible for the building's fixed electrical infrastructure. The deciding principle isn't who owns the property — it's who is running the business that uses the equipment.

Why the duty usually sits with the tenant

Under work health and safety law, the duty to provide safe electrical equipment falls on the “person conducting a business or undertaking” (PCBU) — in other words, the business operating in the space. If you're a tenant running your business from a leased premises, the portable appliances you bring in and use — computers, kettles, power boards, tools, kitchen equipment — are yours to keep safe. That's why test and tag of those items generally falls to the tenant.

Where the landlord's responsibility comes in

Landlords usually retain responsibility for the fixed electrical installation of the building — the wiring, switchboards, and any equipment permanently installed and shared across tenancies (for example, common-area lighting or shared appliances in a multi-tenant building). Emergency and exit lighting in shared areas is also commonly the building owner's or manager's responsibility.

The grey areas — and what to do

Responsibility can blur when equipment is supplied with the premises (for example, a fitted-out café where the previous fit-out's appliances remain), or in shared or serviced offices. To avoid gaps:

1. 11) Check your lease Many commercial leases spell out who maintains what. This is the first place to look.
2. 22) Don't assume someone else has it covered The most common compliance gap is each party assuming the other is handling it — and neither is.
3. 33) Cover what you use As a practical rule, if your business uses the appliance, treat it as your responsibility to have it tested under AS/NZS 3760 unless your lease clearly says otherwise.

If you're not sure where your obligations start and end, a provider can walk your site and identify exactly which items fall to you — so nothing slips through the cracks.

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