Legislation

Smoke Alarm Legislation. It’s not an option, smoke alarm legislation is the law.

 Let Australia’s leading provider of smoke alarm maintenance and compliance services provide your landlords and you with the PEACE OF MIND in knowing all legislative obligations have been met.

Your Responsibilities

Smoke alarm maintenance is governed by both State and Federal legislation. Each state has different requirements.

The Risks

Failure to take every practical step to ensure the safety of your tenants and property may result in the dismissal of insurance claims for damage, personal injury or loss of life. Landlords must ensure working smoke alarms are installed in their rental properties, in accordance with the Building Code of Australia and Australian Standards. Landlords must also ensure smoke alarms are regularly maintained and replaced when faulty or expired. Landlords who do not meet mandated requirements in order to ensure the safety of their tenants can face a multitude of unpleasant and unwanted consequences that, with the right guidance, can be easily avoided. As a Property Manager, Landlords entrust you with one of their greatest investments, which is a sizeable responsibility. Smoke Alarm Solutions aims to ease the burden by ensuring the properties you manage are always compliant with smoke alarm legislation.

Click any of the states in the map of Australia below to view the relevant smoke alarm legislation. 

 

NSW NT QLD SA TAS VIC WA AC

Areas we operate

Federal Legislation

Landlords must ensure their rental property is properly fitted with the required number of working smoke alarms, complying with the
Australian Standard (3786), and they are installed as outlined in the Building Code of Australia (BCA) part 3.7.2. This legislation is applicable
to all states of Australia.
State Legislation

Queensland

New legislation as set out in the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 and the Building Fire Safety
(Domestic Smoke Alarms) Legislation Amendment Regulation 2016, requires Queensland landlords to ensure a higher level of safety in their
rental properties.
These new requirements to be in place by January 1, 2022 for rental properties, necessitate the following additional measures, over and above
the standards set out in the Fire and Rescue Services Amendment Act 2006 and are as follows:
• Smoke alarms must be installed in every bedroom of a home
• All smoke alarms must be powered by either 240 volt or 10 year lithium battery
• All smoke alarms must be interconnected to each other
• All smoke alarms must be photoelectric rather than ionisation
There is an ongoing responsibility to have smoke alarms tested and cleaned within 30 days prior to each tenancy change or renewal. Batteries
must also be replaced where needed and alarms replaced prior to their expiry date.

New South Wales

To enhance safety and minimise loss-of-life in building fires, the NSW Parliament enacted the Environmental Planning and Assessment
Regulation 2000 and Environmental Planning and Assessment (Smoke Alarms) Regulation 2006. Smoke alarms in buildings providing sleeping
accommodation requires:
(a) Installation of one or more smoke alarms in buildings in which persons sleep. (b) The maintenance of smoke alarms installed in such buildings.
(c) Prohibiting persons from removing or interfering with the operation of smoke alarms installed in such buildings.
The Legislation refers to residential accommodation across NSW and requires under Division 186B that a smoke alarm ‘must be functioning’ and
must comply with the requirements of Australian Standard 3786 specifications and must be Scientific Services Laboratory (SSL) listed. SSL is
part of the Federal Government Analytical Laboratories. The landlord is responsible to ensure that smoke alarms are installed and maintained in
the residential premises in accordance with section 146A of the Environmental Planning and Assessment Act 1979.

Australian Capital Territory

The ACT Emergency Services Agency suggests that smoke alarms installed in properties should be cleaned regularly, batteries replaced once
per year and installed as per manufacturer’s instructions. They also recommend photoelectric smoke alarms be installed instead of the ionisation
type when required.

South Australia

The Development Regulations 2008 requires smoke alarms to be installed on every storey, they must be located between each part of the
dwelling containing bedrooms and the remainder of the dwelling. Smoke alarms must also be installed in any hallway leading to the bedrooms.
Landlords must comply with smoke alarm legislation in all residential rental properties including detached houses, villa units, sole occupancy
units, guest houses and hostels.

Victoria

Section 707 of the Building Regulations 2006 and the Practice Note 2006-27 from the Building Commission reiterates what is set out in the
Building Code of Australia (BCA) Part 3.7.2. That is, Landlords must ensure their rental property is fitted with the required number of working
smoke alarms compliant with Australian Standard 3786 in correct positions.
Additionally, the Practice Note 2006-27 states that smoke alarms must be properly maintained as outlined in Part 12 of the Building Regulations.
Smoke alarms must be tested in accordance with manufacturer’s instructions, batteries changed annually and alarms cleaned to remove dust.
Landlords have a duty of care to ensure their rental property is always compliant to this legislation.
 

Select your involvement to see your specific requirements

Smoke alarm maintenance is governed by both State and Federal legislation. Each state has different requirements.

Ensure your property is compliant and your investment is safe

 
Smoke Alarm Solutions is Australia's leading provider
of smoke alarm services to the real estate industry.