The what, why and how for smoke alarms in rental properties

In most states across Australia, smoke alarms complying with Australian Standards must be fitted in all rental properties and in accordance with the Building Code of Australia.

If you’re a renter, or you own a rental property, read on to understand your obligations when it comes to smoke alarms.

It’s important to understand what your responsibilities are as a landlord or tenant when it comes to smoke alarm rules and regulations. Picture: Getty

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What are the landlord’s responsibilities?

• Landlords have the right of access to rented premises to fit smoke alarms after giving the tenant at least two days notice.
• Landlords must give their tenants the manufacturer’s instructions on how to clean, test and replace batteries for smoke alarms (in SA it is the landlord’s responsibility to clean, test and replace batteries unless otherwise stated in the Tenancy Agreement).
• Landlords are responsible for supplying the smoke alarm(s) and for their installation. You will also be required to install a new battery for each smoke alarm at the commencement of each new tenancy.
• The landlord is responsible for the replacement of batteries in ‘hard-wired’ smoke alarm systems that have battery back-up.
• At no time can the landlord remove or relocate the smoke alarm unless it is being replaced or maintained.
• At no time can the landlord do anything to interfere with the alarm’s warning sound.
• At no time can the landlord remove the batteries unless they are replacing them.
• 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.

What are the tenant’s responsibilities?

• Tenants are responsible for cleaning, testing and the replacement of batteries in battery powered smoke alarms (Except SA, Landlords are responsible unless otherwise stated in the Tenancy Agreement).
• At no time can a tenant remove or relocate the smoke alarm or do anything to interfere with the alarm’s warning sound.
• At no time can the tenant remove the batteries unless they are replacing them.
• If the tenant is physically unable to change the battery the tenant is required to notify the landlord as soon as practicable after becoming aware of the need for it to be replaced.

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What’s the law on smoke alarms in rental properties?

Smoke alarm laws differ from state to state in Australia. Here’s a summary of what to keep in mind, depending on where you live:

Smoke alarm laws can vary depending on which state you live in – and smoke alarms are mandatory in every home across the country. Picture: Getty

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The smoke alarm law in the Northern Territory

Approved smoke alarms have to be installed in all residential premises or movable dwellings, including caravans. Home owners must also test each smoke alarm at least once every 12 months.

The smoke alarm law in Tasmania

Tenants must make sure the smoke alarm is functioning during the whole tenancy. They should let the owner know as soon as they discover that it is not working. The owner must then repair or replace the alarm as soon as possible.

The smoke alarm law in Western Australia

Smoke alarms must be positioned according to the requirements of the Building Code of Australia, be permanently connected to the consumer mains power where it is supplied in the building. If you’re planning to sell, rent or hire out your home, smoke alarms have to be in working order and less than 10 years old from the first date of installation.

The smoke alarm law in South Australia

All South Australian houses must be fitted with a working smoke alarm. Homeowners and residential landlords are responsible for making sure that a working smoke alarm is installed in the property. Fines will apply if smoke alarms aren’t installed.

The smoke alarm law in Queensland

All Queensland houses need to have interconnected photoelectric smoke alarms in all bedrooms, in hallways that connect bedrooms with the rest of the dwelling and on every level.

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Further information on smoke alarm legislation, according to state

QLD: For further information visit QLD Fire & Rescue Service
NT: For further information visit Northern Territory Fire & Rescue Services
NSW: For further information visit Fire & Rescue NSW
ACT: For Further information visit ACT Fire & Rescue
VIC: For further information visit the MFB or CFA website
SA: For further information visit Metropolitan Fire Service of SA
WA: For further information visit Fire & Emergency Services Authority of Western Australia
TAS: For further information visit Tasmania Fire Service

Properly installed and maintained smoke alarms are mandatory in any house, building or dwelling. A person not complying with the legislation is guilty of an offence.  The alarms also offer an early warning of a potentially deadly fire and could significantly reduce the risk of life-threatening circumstances from a fire in your home.