In NSW landlords are responsible for ensuring their property meets the minimum requirements of having at least one working smoke alarm installed on every level. For shared houses, it is now law to have smoke alarms in every bedroom and fines will apply to owners of these types of buildings which aren’t compliant.

What is the law?

Environmental Planning and Assessment (Develop Certification and Fire Safety) Regulation 2021 Division 2 Requirements for smoke alarms states that:

Smoke alarms in class 1a and 1b buildings and manufactured homes:

The owner of a class 1a building (single dwelling being a detached house or one group of attached dwellings being a town house or row house) or a manufactured home must ensure the building or home is equipped with smoke alarms located on or near the ceiling—

1. in a storey containing a bedroom

(i)  in each corridor or hallway associated with a bedroom, or

(ii)  if there is no corridor or hallway associated with a bedroom—between each part of the building or home containing the bedroom and the remainder of the building or home, and

1. in a storey not containing a bedroom.

The owner of a class 1b building (boarding house, guest house, hostel or the like with a total area of all floors not exceeding 300 m2, and where not more than 12 people reside, and it is not located above or below another dwelling or another Class of building other than a private garage) must ensure the building is equipped with smoke alarms located on or near the ceiling—

(a) in each bedroom, and

(b) in a storey containing a bedroom—

(i)  in each corridor or hallway associated with a bedroom, or

(ii)  if there is no corridor or hallway associated with a bedroom—between each part of the building containing the bedroom and the remainder of the building, and

(c) in a storey not containing a bedroom.

For more details, visit the Environmental Planning and Assessment (Develop Certification and Fire Safety) Regulation 2021 – NSW Legislation website here.

Tenant responsibilities

Tenants must notify their landlord or agent if they discover that a smoke alarm is not working (this includes when the battery needs to be changed).

Tenants must notify their landlord when they change a battery in a smoke alarm or engage a licensed electrician to repair or replace an alarm. The different circumstances where a tenant can change a battery or engage a licensed electrician are provided by the Department of Fair Training NSW’s website here. This does not apply to social housing tenants.

Landlord responsibilities

From 23 March 2020, NSW landlords and agents need to ensure that smoke alarms installed in rented properties are in working order.

The existing provision that allows landlords to enter the property without consent has been extended to specifically include inspecting or assessing the need for repairs to, or replacement of, a smoke alarm if proper notice has been given to the tenant.

Where a smoke alarm is not in working order, landlords and agents must ensure the alarm is repaired (this includes replacing a battery) within 2 business days.

Landlords and agents must check smoke alarms every year to ensure they are working.

Landlords and agents must ensure:

• smoke alarms are replaced within 10 years of manufacture, or earlier if specified by the manufacturer
• batteries are installed or replaced every year (or for lithium batteries, in the period specified by the manufacturer).

Landlords and agents must give at least 2 business days’ notice to inspect or assess the need for smoke alarm repair or replacement, and at least 1 hour notice to carry out repair or replacement of a smoke alarm.

Further information to help landlords and agents understand their responsibilities for different types of smoke alarms, and the situations where a tenant can change a battery in a smoke alarm or arrange for a repair can be found at the Department of Fair Training NSW’s website here.

Ensuring your property legal and safe are just some of the many responsibilities we undertake when managing your property. And many of our clients say our service is above and beyond expectations.

If you want to know more about our services, give us a call on 02 4956 9777 or pop into our Cardiff office for a chat. Or send us an email to: mail@newcastlepropertymanagement.com.au – we’d love to hear from you.