Alpine Resort Leasing Policy FAQs

Over what timeframe can past capital improvements be recognised under the updated policy?

Alpine Resorts Victoria (ARV) may consider capital improvements undertaken within the previous five (5) years when assessing investment under the updated policy, subject to the provision of satisfactory evidence and alignment with policy requirements. This will be done on a case-by-case basis.

Can volunteer labour (skilled or unskilled) be included as part of the investment calculation if supported by documented hours and industry-standard labour rates?

Yes. Volunteer labour may be included in the investment calculation where supported by appropriate documentation, including verifiable hours and reasonable industry-standard labour rates.

When demonstrating a percentage improvement (e.g. energy efficiency), what period is used as the baseline for construction?

The baseline is the existing condition of the building at the time of assessment, with improvements measured against the current verified rating or performance level. Where works are proposed, the timeframe for delivering those improvements must be specified in the application and agreed with ARV, and may be formalised through the lease or an Agreement to Lease (ATL).

Does compliance need to align with the current building code or the code that applied at the time of construction?

In Victoria, buildings and building work must comply with the Building Act 1993, the Building Regulations 2018 (“the Regulations”), and the Building Code of Australia (“BCA”), as adopted by the Regulations.

Compliance for existing building work is generally assessed against the legislative, regulatory, and/or BCA requirements that applied at the time the building work was carried out and approved.

Existing buildings are not ordinarily required to be upgraded to current standards solely because the legislation or BCA has subsequently changed, as the Regulations are generally not retrospective.

Where new building work is proposed, the work must comply with:

• the BCA applicable at the time the building permit is issued; and
• the Victorian legislation and regulations in force at that time.

Existing parts of a building may also require upgrading where:

• there is a change of use or classification;
• substantial alterations or additions are undertaken;
• a Building Notice, Building Order, or direction of the Municipal Building Surveyor or Relevant Building Surveyor requires upgrading to protect health, safety or amenity; or
• specific statutory obligations apply, including requirements relating to essential safety measures, swimming pool barriers, cladding rectification, fire and life safety systems, and access for persons with disabilities.

Accordingly, compliance is generally determined against the standards applicable at the time of approval and construction unless a statutory or regulatory trigger requires compliance with current standards.

It is recommended that you contact either the Municipal Building Surveyor (MBS) or a private building surveyor to confirm your current compliance status and applicable building requirements.

What transitional provisions apply when moving from the existing policy to the new policy?

The Alpine Resorts Leasing Policy (2026) applies to:

• all new lease applications received after the policy is approved; and
• land releases approved after that date.

Existing tenants are not automatically transitioned to the new policy. Instead, the policy will apply when:

• an existing lease expires;
• a lease is surrendered or terminated; or
• a tenant exercises their first right to negotiate a new lease.
• this approach is consistent with standard government practice, ensuring:
• fairness and certainty for existing leaseholders;
• no retrospective changes to existing lease arrangements; and
• a clear transition point aligned to new lease negotiations.

Are there specific types of organisations or entities required to complete energy-efficiency assessments or reports?

Yes. Where required under the policy, applicants must obtain an energy efficiency assessment from an appropriately accredited assessor. This may include assessors certified under recognised schemes such as:

• Nationwide House Energy Rating Scheme (NatHERS);
• NABERS (National Australian Built Environment Rating System); or
• Residential Efficiency Scorecard.

These qualified energy raters assess buildings and/or plans and provide independent reports to demonstrate compliance with policy requirements and, where applicable, improvements in energy performance.

How is the timing of development works treated, particularly where improvements are retrospective?

Where development works are recognised retrospectively (subject to ARV approval and supporting evidence), the lease pathway may reflect that the works have already been completed.

In these circumstances, ARV may:

• proceed directly to the grant of a new lease, rather than
• requiring an Agreement to Lease (ATL), which is typically used where works are yet to be completed.

How will applications currently underway be handled under the new policy, and are there any deadlines or cut-off dates?

Lease applications submitted prior to the approval of the new policy will continue to be assessed under the existing policy settings.
Applications submitted after the policy commencement date will be assessed in accordance with the new Alpine Resorts Leasing Policy (2026).