Frequently Asked Questions
Do you fully understand the new mandatory Safety & Compliance obligations in VIC, NSW and QLD?
Imperative legislative changes are being introduced in NSW, Victoria and Queensland that will impact landlord and property managers’ obligations regarding smoke alarms. In NSW the changes took effect from March 23, while in Victoria the new legislation, which includes new gas and electrical safety checks, took effect on 29 March 2021. In Queensland, a major program of upgrades is set for 1 January 2022.
Read below answers to your questions about the legislative changes in your state.
Who does the new legislation affect?
The new legislation will impact landlords, their property managers and tenants.
Landlords are legally responsible for making sure the new mandatory safety activities are implemented at properties they rent.
Agents who are contracted to manage properties will bear the burden of increased administration and ensuring that new procedures are in place to keep properties compliant as the new legislation comes into effect.
Tenants will have the right to request the dates of most recent safety checks and to expect that checks are up to date. This means that record-keeping by landlords and agents will be paramount.
What are the mandatory safety activities under new legislation?
What does the new legislation mean for me as a property manager?
What were the previous requirements for smoke alarm, gas and electrical safety in Vic?
How does the new legislation effective from 29 March 2021 differ from previous legislation?
When will new legislation be coming into effect?
What are the responsibilities of a landlord and tenant in a rental property?
Who does the new legislation affect?
The new legislation will impact landlords, their property managers and tenants.
Landlords are legally responsible for making sure the new mandatory safety activities are implemented at properties they own and are leased to tenants.
Agents who are contracted to manage properties will bear the burden of increased administration and ensuring that new procedures are in place to keep properties compliant as the new legislation comes into effect.
Tenants will be responsible for notifying landlords if a smoke alarm is in need of repair or replacement. There is also a provision for tenants to replace the batteries in their smoke alarms under certain circumstances.
How does the new legislation effective from 23 March 2020 differ from previous legislation?
What does the new legislation mean for me as a property manager?
What are the responsibilities of a landlord with respect to smoke alarms in a rental property?
What are the new requirements for repair or replacement of smoke alarms under new legislation?
What are the new requirements for entry notifications in NSW?
What are the new landlord responsibilities if a tenant agrees to replace a removable battery or a removable back-up battery?
Who does the new legislation affect?
The new legislation refers to the type, quantity and location of smoke alarms : class 1a buildings (e.g. houses/townhouses) and class 2 buildings (e.g. units/apartments). It does not include short term stay dwellings such as holiday units, motels, dormitories, caravans or other buildings.
This means that all landlords and property managers of residential buildings for lease will be impacted by the need to upgrade smoke alarms in compliance with new legislation.
What does the new legislation mean for me as a property manager?
What’s the deadline for installing and interconnecting new smoke alarms?
What does the new legislation say about the requirements for the placement and number of smoke alarms?
Do smoke alarms need to be installed in a particular position in a room?
If my landlords have a newly-constructed house or unit now does the new legislation affect them?
What does ‘interconnected’ mean?
Does the interconnection of smoke alarms require new wiring in a home?
What are the smoke alarm installation responsibilities of a landlord and tenant in a rental property?
Who is responsible in a rental property to clean and test the smoke alarms?
How should I maintain (test and clean) a smoke alarm?
Does the smoke alarm have to be to a particular Australian Standard?
Who can install smoke alarms?
How do I know if a smoke alarm meets Australian Standard 3786–2014?
Can the domestic smoke alarm legislation be enforced?
Why should ionisation smoke alarms be replaced now, when they are still functioning well?
Who do I get to install new smoke alarms to ensure my properties comply with the legislation?
Why are my hardwired interconnected photoelectric smoke alarms going off?
Important disclaimer
These answers does not constitute legal advice and should not be relied upon as such. These answers are a summary of guidelines published by state and territory government websites and websites of affiliated fire departments. Accordingly, we have relied on the accuracy of the content published by the relevant websites in compiling these answers. You should seek legal or other professional advice before acting or relying on any of the content.