Smoke Alarms

Monday 24 Jun 2019

Under Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000, smoke alarms must be installed in all buildings in NSW where people sleep. The smoke alarms must meet the requirements of Australian Standard AS 3786, Smoke Alarms. These provisions came into effect on 1 May 2006.

 

By law, at least one smoke alarm should be installed in a hallway outside a bedroom or other suitable location in each storey of a rented home. Tenants are not allowed to remove or interfere with smoke alarms, without a reasonable excuse. Tenants are responsible for replacing the batteries and testing the device. This should be done once a year.

 

For landlords

According to NSW legislation, neither the landlord nor the tenant are, except with reasonable excuse, permitted to remove or interfere with the operation of a smoke alarm fitted in the rented premises.

 

Where a smoke alarm has a replaceable battery, the landlord must put a new battery in at the commencement of a tenancy.

 

After the tenancy begins, the tenant is responsible for replacing the battery, if needed, in battery-operated smoke alarms. Hard-wired smoke alarm back-up batteries are to be replaced by the landlord.

 

If the tenant is physically unable to change the battery the tenant is required to notify the landlord as soon as practicable.

 

The condition report section of the tenancy agreement must include a specific reference to smoke alarms so that tenants and landlords are able to note and comment on the presence of smoke alarms at the beginning and end of the tenancy.

 

For tenants

NSW legislation mandates that your landlord is responsible for ensuring your residence meets the minimum requirement of having at least one working smoke alarm installed on every level of your home.

 

Landlords are responsible for the installation of smoke alarms in rented premises.

 

Landlords have the right of access to rented premises to fit smoke alarms after giving the tenant at least two days’ notice.

 

After the tenancy begins, the tenant is responsible for replacing the battery, if needed, in battery-operated smoke alarms. Hard-wired smoke alarm back-up batteries are to be replaced by the landlord.

 

If the tenant is physically unable to change the battery the tenant is required to notify the landlord as soon as practicable.

- Mark Hahne