Smoke Alarm Deadline: Vendors To Act Now

The next phase deadline for Queensland smoke alarm requirements is fast approaching. By 1 January 2022, all homes or units being sold, leased or an existing lease being renewed will require photoelectric, interconnected smoke alarms. All other dwellings must transition to full compliance by 2027.

Property sellers must continue to lodge a Form 24 with the Queensland Land Titles Registry stating that the requirements have been met.

We recommend that all prospective vendor’s looking to sell in 2022 act now as to avoid delays to Settlement. Read on for details.

New Smoke Alarm Requirements

Interconnected smoke alarms are required to be installed:

• In each bedroom
• In hallways which connect bedrooms and the rest of the dwelling
• If there are no bedrooms on a storey at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling.

Existing smoke alarms that were manufactured more than 10 years ago and smoke alarms that fail after testing must be replaced with photoelectric smoke alarms that comply with Australian Standard 3786-2014.

Existing hardwired smoke alarms that need replacement are to be replaced with hardwired photoelectric smoke alarms.

Who is responsible for the upgrade?

• The property Owner landlord is responsible for upgrading their rental property
• Property managers/ leasing agents, bodies corporate and onsite managers are not responsible for smoke alarm upgrades
• Tenants are not responsible for the upgrades
• Landlords may engage a third-party (installation or maintenance company or any other person) to fulfil their obligations
• No license is required to instal 10-year battery smoke alarms
• Only qualified electricians can install or replace hardwired smoke alarms.

Consequences for not complying with the Smoke Alarm requirements by the deadline

1. Non-compliant vendors will be unable to sell after the 1 January 2022 deadline;
2. If a fire occurs in your home that does not comply with the Smoke Alarm Requirements, insurance for the property may be null and void;
3. As a landlord, you will not be able to legally rent out your property;
4. Non-compliance carries a maximum penalty of 5 penalty units (currently $689.25).

Implications for Vendors

Vendor’s considering selling their property in 2022, must act now to ensure compliance with the new requirements as to avoid delays to Settlement.

If you require legal advice on your obligations in relation to the upcoming deadline, contact us on 1300 749 709 to speak with one of our lawyers.