The Victorian Government’s Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024 is an expansive piece of legislation that touches all parts of the real estate sector. It has been predominantly developed based on the objectives outlined in the Housing Statement. The REIV has split the bill into three sections below based on its impacts on the rental market, the direct changes in obligations for real estate professionals, and adjustments to planning and development regimes.
For the rental market
Rent increase criteria
There will be stricter criteria when rent increase reviews are undertaken by Consumer Affairs Victoria (CAV) and the Victorian Civil and Administrative Tribunal (VCAT).
Extended notice periods
Notices of rent increases and notices to vacate will be extended from 60 to 90 days.
Rental standards
Rental properties will have to meet minimum rental standards before being advertised.
Personal information:
There will be restrictions on unnecessary or excessive data collection for rental applications.
New provisions will increase data protections and the mandatory destruction and de-identification of renters’ personal information.
Ban on fees:
Rental application fees and rent payment fees will be prohibited.
No cause eviction notices will be removed:
Evictions will now require valid and justifiable reasons.
Rental bidding bans:
There will be prohibitions on accepting or soliciting rental bids above the listed price. This will include where prospective renters approach agents with increased offers.
Increased efficiency at VCAT:
Measures will be introduced to reduce hearing times and manage frivolous claims.
Improved dispute resolution:
Rental Dispute Resolution Victoria (RDRV) will be established as an embedded body within VCAT to facilitate early and alternative resolutions for simple residential tenancy disputes.
For real estate professionals
Mandatory licensing and training
All real estate professionals must now complete a Certificate IV in Real Estate Practice. This includes education and registration requirements being extended to owners corporation managers.
Continuing professional development (CPD) is now mandatory.
Registration for Agents' Representatives:
Real estate professionals will have to meet new eligibility requirements before registration.
Stronger penalties for agent misconduct
Increased fines will be introduced for underquoting and misrepresentation during property sales.
For planning and development
Streamlined planning processes:
New pathways will be introduced for low-impact amendments with reduced panel referrals.
Extended default planning permit expiry times will be introduced for complex developments to facilitate completion.
Efficient objection handling:
There will be a grouping of objections and streamlined hearings at VCAT to reduce delays.