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, takes effect on or before 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.
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.
As drafted, annual smoke alarm checks will be mandatory in Victoria. Rental providers will also be required to provide tenants with specific information in writing about the use and testing of smoke alarms, and about the tenant’s obligations regarding smoke alarms.
The new regulations also cover other mandatory safety activities, including:
- Electrical safety checks every 2 years (and within 2 years of any new rental)
- Gas safety checks every 2 years (and within 2 years of any new rental)
- Carbon monoxide alarm testing every 12 months (where installed)
- Rental providers will need a watertight system in place to implement smoke alarm checks (every 12 months), electrical safety checks (every 2 years), gas safety checks (every 2 years) and carbon monoxide alarm testing (every 12 months) to keep properties compliant.
- Detailed records of all smoke alarm, gas and electrical safety checks must be produced and kept until a record of the next safety check is created, including:
- The name of the licensed or registered technician, gasfitter or electrician
- The license or registration number of the technician, gasfitter or electrician
- The date the check was conducted
- The results of the check, including any repairs that were required and actions taken to address the repair
- Rental providers will need to access and provide a record of the most recent smoke alarm, gas or electrical safety check to the renter within 7 days of receipt of a written request from the renter.
- Rental providers will be required to provide new tenants with information, in writing, including:
- Information about how each smoke alarm on the premises works
- Information about how to test each smoke alarm on the premises
- Information about the renter’s obligation to not tamper with smoke alarms and to notify the rental provider as soon as practical if a smoke alarm is not in working order.
Smoke alarm safety activities
- The Victorian Building Regulations 2018 requires smoke alarms to be installed in accordance with the Building Code of Australia (BCA).
- This includes specific requirements for the location of smoke alarms and the number of smoke alarms (a minimum of one on every storey, with particular requirements for placement on storeys that have bedrooms).
- Residential homes constructed before 1 August 1997 require only 9-volt battery-powered smoke alarms. Residential homes constructed after 1 August 1997 require 240-volt hard-wired smoke alarms with a backup battery.
- Landlords are responsible for the installation of smoke alarms and are also required to maintain the rented premises in good repair under the Residential Tenancies Act. To work out what “good repair” means for a smoke alarm, we look to authorities such as the Metropolitan Fire Brigade for guidelines.
- More details can be found on our smoke alarms legislation page.
Gas safety activities
- Rental providers are generally required to maintain rental premises “in good repair”.
- Legislation does not currently specify a timeline for testing for gas appliances, so landlords need to look to authories such as Energy Safe Victoria for guidance to work out what “good repair” means for gas appliances.
- Energy Safe Victoria provides step-by-step guidelines for maintaining gas safety, and states that gas heaters should be serviced by a qualified gasfitter at least every two years. Faulty gas appliances put tenants at risk of injury and death.
Electrical safety activities
- Rental providers are generally required to maintain premises “in good repair”.
- Legislation does not currently specify a timeline for electrical safety checks, so landlords need to look to authories such as Energy Safe Victoria to work out what “good repair” means for electrical installations and appliances.
- Energy Safe Victoria provides step-by-step guidelines for maintaining electrical safety, and states that “the landlord and the landlord’s agent should work together to ensure that a safety check for all [electrical] appliances is carried out at agreed intervals and at least every two years”. Faulty electricals put tenants at risk of injury and death.
Smoke alarm safety
- In addition to installing smoke alarms according to specifications in the Building Code of Australia, rental providers must ensure that smoke alarms are installed in accordance with the manufacturer’s instructions specific to each brand/type of alarm.
- Further to the general requirement to maintain premises “in good repair”, the new regulations include specific requirements including annual smoke alarm checks and timelines for battery replacements.
- Under the new legislation it will be compulsory for rental providers to give new renters particular information in writing, including information about how smoke alarms operate, battery testing procedures, and the tenant’s obligations regarding smoke alarms.
Gas safety
- Further to the general requirement to maintain properties in a state of “good repair”, the new legislation specifies that gas safety checks will be mandatory every 2 years.
- Where carbon monoxide alarms are installed, testing will be mandatory every 12 months.
- Under the new legislation, renters will have the right to request a record of the most recent safety check and rental providers must provide it within 7 days.
Electrical safety
- Further to the general requirement to maintain properties in a state of “good repair”, the new legislation specifies that electrical safety checks will be mandatory every 2 years.
- Under the new legislation, renters will have the right to request a record of the most recent safety check and rental providers must provide it within 7 days.
This is just a brief summary of the changes. For more detailed information see our smoke alarm, gas or electrical safety legislation pages, or view the draft of the new legislation for all the information.
In Victoria, proposed revisions to the Residential Tenancy Regulations (Vic) were published for comment in November 2019 and will come into effect on or before 29 March 2021.
Practical complexities will emerge from the sheer volume of properties needing to complete the checks by 29 March 2021 and the limitation of available, trained and qualified technicians available to do so. Demand for services and checks will spike as the deadline draws near, so it’s important for property managers to be organised well in advance.
Detector Inspector is offering a comprehensive service that ensures landlords and agencies will be compliant with the new RTA Regulations on or before 29 March 2021. Click here to learn more about the Safer Home Package.
Smoke alarm safety
Smoke alarms must be installed in all Victorian homes, units, flats and townhouses. Landlords are responsible for fitting smoke alarms in rented properties and for changing batteries under the new legislation.
Tenants will be responsible for notifying landlords as soon as practicable if a smoke alarm is not in proper working order.
Additional information on responsibilities for landlords and tenants is available on Consumer Affairs Victoria’s safety advice page.
Gas safety
Landlords and agents are responsible for servicing gas heaters in rental properties every 2 years (as recommended by Energy Safe Victoria). Under new legislation the recommended testing will become mandatory.
Tenants must use their heaters correctly and report any issues as soon as possible.
For more information, visit the landlords and tenancy page on the Energy Safe Victoria website.
Electrical safety
Landlords should maintain all electrics and electrical appliances in safe working order, ensure that work is only carried out by a licensed/registered electrician, and remain records of safety checks and all electrical work carried out. Under new legislation the recommended regular checks will become mandatory.
Tenants should use appliances in accordance with manufacturer’s intent, not tamper with electrical installations, immediately report any faults and allow reasonable access for licensed professionals to engage in electrical work.
Additional information is available on Energy Safe Victoria’s electrical safety page.
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.
Previously, a landlord was responsible to maintain a residential premises in a reasonable state of repair, which includes ensuring that all smoke alarms are operational. From March 2020, annual testing has become mandatory for smoke alarms to ensure their continuous safe operation.
Previously a landlord was only required to replace the batteries in smoke alarms at the beginning of a new tenancy, and tenants are responsible for replacing batteries during the tenancy. Under new legislation, the landlord is required to replace batteries and smoke alarms in accordance with specific timelines.
The previous legislation which provides for circumstances in which a landlord can enter a property without consent has been extended to include entry for the purposes of assessing the need for repair or replacement of a smoke alarm.
For a side-by-side comparison of old and new legislation, see our smoke alarms legislation page and select ‘NSW’.
The new regulations will place an administrative, practical and financial burden on landlords and their already stretched property managers.
Landlords and property managers will need a watertight system in place to implement smoke alarm checks and battery replacements every 12 months to keep properties compliant.
Detailed records of manufacture dates and battery replacements must be kept to ensure that batteries and smoke alarms are replaced in accordance with the timeframes specified in the legislation.
In the case of a tenant replacing a removable battery, agents will need to manage the communication of multiple notifications.
Landlords are responsible for ensuring smoke alarms are installed in residential rental properties, in accordance with the Environmental Planning and Assessment Act and the Residential Tenancy Regulations.
Landlords are also responsible for the following safety activities:
- Ensure all smoke alarms are tested annually
- Ensure batteries are replaced in the period specified by the manufacturer (otherwise annually)
- Ensure smoke alarms are replaced within 10 years of the manufacture date (or earlier if specified by manufacturer)
- Arrange the repair/replacement of a non-working smoke alarm within 2 business days of becoming aware (this includes if a tenant has notifed the landlord that the tenant will carry out a battery replacement, but the landlord does not receive subsequent notification that the battery has been replaced)
- If a tenant carries out a battery replacement in accordance with legislated procedure, the landlord must reimburse the tenant for expenses incurred within 7 days of receiving written notice.
A tenant is permitted to replace a removable battery in a battery-operate smoke alarm, or a removable back-up battery in a hardwired smoke alarm, if the landlord does not implement the battery replacement within the specified time frame.
Only the landlord or a person authorised by the landlord may replace a battery-operated smoke alarm.
Only an authorised electrician may repair or replace a hardwired smoke alarm.
More information can be found in the Residential Tenancies Regulation 2019.
As drafted, annual smoke alarm checks will be mandatory for all rental properties in NSW.
Additionally, removable lithium batteries must be replaced in the period specified by the smoke alarm manufacturer, or otherwise annually.
Smoke alarms must be replaced within 10 years of the manufacture date, or earlier if specified in the manufacturer’s instructions.
Landlords (or an authorised person) must arrange the repair/replacement of a non-working smoke alarm within 2 business days of becoming aware.
If the landlord becomes aware a battery needs replacing and the tenant does not replace it within 2 business days, the landlord (or an authorised person) must replace it within 2 business days of becoming aware.
The existing legislation that allows a landlord (or authorised person) to enter a rental property without consent has been extended to specifically include inspecting or assessing the need for repair or replacement of a smoke alarm.
The following entry notice is required to be given to the tenant:
- Not less than 2 business days notice - for the purposes of inspecting or assessing the need for repairs to, or replacement of, a smoke alarm
- Not less than 1 hour’s notice – for the purposes of carrying out repairs to, or replacement of, a smoke alarm.
A tenant who replaces a removable battery or a removable back-up battery must:
- notify the landlord that the tenant will replace the battery, and
- replace the battery within 2 business days of the notification, and
- notify the landlord within 24 hours of replacing the battery in the smoke alarm.
If the landlord becomes aware that the tenant has not replaced the battery or is not otherwise notified that the tenant replaced the battery in the time specified above, the landlord must replace the battery in the smoke alarm within 2 business days of becoming aware of that fact.
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.
The new regulations will place an administrative, practical and financial burden on landlords and their already stretched property managers.
From 1 January 2022, all dwellings being leased, re-leased or sold will be required to have photoelectric smoke alarms that are either 240-volt hardwired interconnected or powered by a non-removable 10-year battery installed in every bedroom and on each storey of the property, in accordance with specific placement guidelines outlined in the legislation.
For property managers, this will represent a huge task in terms of organising and recording the installation and/or upgrade of hardwired interconnected smoke alarms in all the residential buildings managed by your agency.
While landlords are legally responsible for ensuring that their properties comply with legislation, agents may be contractually obliged to inform owners of their responsibilities and ensure that the properties under their management comply.
The deadline for installing smoke alarms in accordance with the new legislation is 1 January 2022 for all dwellings being leased, re-leased or sold.
All other dwellings will need to have their smoke alarms upgraded by 1 January 2027.
Any smoke alarms installed after these dates will be required to be powered by either a hardwired 240-volt or a 10-year tamper-proof battery, and be interconnected (either wired or wirelessly) to all other required smoke alarms in the dwelling.
Newly built properties must adhere to these legislative requirements from 2017, using only 240v alarms.
With approximately 400,000+ rental dwellings in QLD, we anticipate high demand and rising prices as the deadline approaches.
Detector Inspector recommends upgrading your properties now to stay ahead of the game, and to reduce the impending costs for your landlords.
From 1 January 2022 for dwellings being leased, re-leased or sold (and 1 January 2027 for all other dwellings), 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 of travel to exit the dwelling.
Additional information is available in the Smoke Alarm Installation Information Sheet.
While the centre of the room if the preferred location for smoke alarms, this is not a requirement. On a flat ceiling they have to be 300mm from corners or lights and 400mm from anything that may blow air such as air conditioner heads or the edge of the blade of a ceiling fan.
Any new dwelling that had an application to be constructed submitted after 31 December 2016 will need to comply fully with the new legislation.
Interconnected smoke alarms are connected to other smoke alarms in the dwelling either directly or wirelessly. This means that if one smoke alarm detects smoke, they all sound.
Not necessarily. Smoke alarms can be interconnected any way that allows all smoke alarms to sound when one is in alarm (i.e. when one activates, they all sound). This can be done by physically wiring them together or using wireless technology (or a combination of both). Wireless technology is available for both 240-volt and battery-operated smoke alarms.
The landlord is responsible for the installation of smoke alarms that comply with legislation.
Additional information on installation is available in the QFES Smoke Alarm Installation Information Sheet.
The lessor/landlord must test and clean each smoke alarm in the dwelling within 30 days before the start of a tenancy in a domestic dwelling. This applies regardless of the length between new tenancies.
A renewal or extension of an existing tenancy agreement is also deemed to be the start of a new tenancy agreement.
The tenant of a domestic dwelling, in accordance with the Fire and Emergency Services Act, Section 104RD, subsection (2), must test and clean each smoke alarm in the dwelling at least once every 12 months during their tenancy.
“Test” is defined in the legislation as: by pressing the 'test' button or as stated in the manufacturer's instructions.
“Clean” is defined in the legislation as: "in the way stated in the manufacturer's instructions", which is normally vacuuming.
Remember, this must be done at least every 12 months during a tenancy and within 30 days before the commencement of every new tenancy.
Enrol in Detector Inspector’s set-and-forget smoke alarm Safety & Compliance service and ensure that the properties on your rent roll stay compliant with legislation requirements.
To enrol your property get in touch with us via 1300 134 563 or visit our contact us page.
To learn more about the Detector Inspector differences click here.
All smoke alarms that are required to be installed or replaced by the legislation must be a photoelectric type smoke alarm that complies with Australian Standard 3786–2014.
240-volt smoke alarms connect to the electricity supply and must be connected by a licenced electrician.
All other smoke alarms required under changing legislation can be installed by our highly-trained smoke alarm technicians.
All our smoke alarm technicians have partaken and completed comprehensive smoke alarm service training and have satisfactorily passed onsite and offsite training. This includes practical training in the field, practical training at our training facility and theoretical training in the office.
Australian Standard 3786–2014 requires the smoke alarm to have on the body of the smoke alarm the words "AS3786–2014".
These words may not appear on the packaging. Check if the packaging has the Australian Standard symbols on it and if in doubt ask the person selling the product if the smoke alarm complies with the 2014 standard.
Yes. The regulatory authority of the domestic smoke alarm legislation in Queensland is the Fire and Emergency Services (QFES), under the Fire and Emergency Services Act 1990 and the Building Fire Safety Regulation 2008. The only delegated authority to administer this legislation is an "authorised officer" of the QFES. QFES is currently the only entity that has the statutory powers to initiate enforcement action under the Fire and Emergency Services Act 1990 and no other individual or entity have these statutory powers.
However, the domestic smoke alarm legislation was introduced to provide early occupant warning to all occupants of a dwelling in the event of a fire. This early warning combined with a practised fire escape plan ensures all occupants can safely exit the dwelling to a place of safety. Regardless of the fear of enforcement, it’s most important that landlords and property managers are educated about the new legislative standards to ensure the safety of occupants and reduce the risk of injuries and fatalities.
The new legislation mandates the installation of photoelectric type smoke alarms (instead of ionisation type) for safety reasons.
Ionisation smoke alarms may not operate in time to alert the occupants early enough to escape a smouldering fire. Smouldering fires are the major cause of fatalities in house fires.
Avoid unscrupulous traders. Unscrupulous traders might try to take advantage of the new requirements for smoke alarms. They might:
- try to sell you non-compliant smoke alarms
- give you improper placement instructions
- recommend incorrect smoke alarm types (ionisation)
- say incorrect things about the law to get you to buy more expensive smoke alarms or tell you the law says you have to have more smoke alarms installed than you really need and other corner-cutting to save on costs – in turn this will result in owners paying more than initially required.
It is illegal for a business or trader to sell you something that is false or misleading.
There are extra rules for door-to-door and telephone sales. Find out more about buying smoke alarms by visiting the Consumer rights, complaints and scams website.
Founded in 2005, Detector Inspector is Australia’s largest and most trusted suppliers for smoke alarms, gas appliances, electrical services, essential services and more. Our technology cuts your admin, helps protect you and your clients ensuring compliance, and frees you up to focus on property management.
Firstly, check that there is no chance of a smouldering fire.
There are a number of reasons for false activations originating from battery operated alarms such as maintenance i.e. dirt trapped in the alarm, age of the device or a faulty device.
Hardwired smoke alarms refer to devices which are connected to the household 240-volt supply.
If hardwired interconnected photelectric smoke alarms are activating and there is no identifiable cause for the activation (e.g. fire or dust), the issue could be related to either the power supply or incorrect installation.
In some regional or remote areas in Queensland, fluctuations in the power supply travelling to your house or from electrical/electronic equipment in your home may cause false activations of hardwired smoke alarms. This is also known as ‘dirty power’ and solar energy may also cause these fluctuations in power supply. To overcome this problem, a filter can be installed on the switchboard to reduce the impact of these fluctuations in power supply.
Incorrect installation of smoke alarms can also cause false activations of hardwired interconnected photoelectric smoke alarms. Manufacturers have specific instructions which must be followed when installing interconnected photoelectric smoke alarms. Smoke alarms should not be connected to lighting circuits with dimmers as this will cause false activations.
To reduce the instance of false activations, homeowners should discuss the installation of hardwired (240-volt) smoke alarms with a licensed electrician who can provide advice and solutions.
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.