Smoke Alarm Legislation 2022
You and your smoke alarms
New smoke alarm legislation is about to come into effect from 1 January, 2022 and YES the upgrades detailed below apply TO EVERY DWELLING (houses, townhouses Class 1A and units Class 2). IT’S THE LAW!
The legislation changes affect the following:
- Owner/Occupiers
- Landlords
- Renters; and
- New or Extensively Renovated Properties.
Owner/Occupiers
Existing smoke alarm legislation applies (as at 1 January, 2017) but from 1 January, 2022 the new smoke alarm legislation (upgrades and locations) applies to owner/occupied dwellings and the properties must transition to full compliance by 1 January 2027.
Property Sellers
Existing smoke alarm legislation applies (as at 1 January 2017) but from 1 January, 2022 the new smoke alarm legislation (upgrades and locations) applies to ALL residential dwellings (except vacant land).
When a property is listed FOR SALE and a Contract is signed, the current property owner indicates the property has an elecrical safety switch and smoke alarms and is compliant when they:
- List a property for sale and complete and sign a Property Occupations Form 6 (Appointment and reappointment of a property agent, resident letting agent or property auctioneer – Property Occupations Act 2014) “Property Details section”. See excerpt below.
- Accept an offer on a property for sale and complete and sign a Contract for Houses & Residential Land section “Electrical Safety Switch and Smoke Alarm” . See excerpt below.
and - When the sale transaction is ready for Settlement and they complete and lodge a Title Transfer Form 24 with the Queensland Titles Registry Office. See excerpt below.
“Property sellers must continue to lodge a Form 24 with the Queensland land Registry Office stating the requirements of the smoke alarm legislation have been met.”
Excerpt from Property Occupations PO Form 6
Excerpt from Contract
Excerpt from Queensland Titles Registry Form 24
Landlords
“From 1 January 2017, landlords are responsible for the installation of smoke alarms that comply with the new smoke alarm legislation that was introduced on 1 January 2017.
“From 1 January 2022 the upgrades and prescribed locations apply (see below in red) to all rental dwellings.” Smoke alarms also have to be cleaned and tested prior to any new tenancy or a tenancy renewal. Refer to the Queensland Fire and Emergency website for details for Landlords here.
What are the new requirements?
Smoke alarms in all dwellings must:
- Be photoelectric (AS 3786-2014); and
- Not also contain an ionisation sensor; and
- Be less than 10 years old; and
- Operate when tested; and
- Be interconnected with every other smoke alarm in the dwelling so all activate together.
Smoke alarms must be installed on each storey:
- In each bedroom; and
- In hallways which connect bedrooms and the rest of the dwelling; or
- If there is no hallway, between the bedrooms and other parts of the storey; and
- If there are no bedrooms on a storey at least one smoke alarm must be installed in the most likely path to travel to exit the dwelling.
Smoke alarms must be hardwired or powered by a non-removable 10-year battery, or a combination of both may be allowed.
Prescribed locations for installation smoke alarms apply. See QFES website for details here.
*This article is intended for information purposes only and is not to be referred to as an instruction or guideline. We highly recommend you refer to specific legislation for full definitions, speak to your real estate agent and speak to your legal advisor to clarify exactly how the upgrades apply to your dwelling.
Sources:
- State of Queensland (Queensland Fire and Emergency Services)
Website – www.qfes.qld.gov.au/smokealarms
Email – SmokeAlarms@qfes.qld.gov.au - Fire and Emergency Services Act 1990, Building Fire Safety Regulation 2008, Building Regulation 2006, Australian Standard (AS) 3786-2014, Land Title Act 1994.
- Download a copy of the State of Queensland (Queensland Fire and Emergency Services) Information Sheet – click on the link to download (it is also available on the QFES website) SmokeAlarmLegislationInformationSheet
