Changes to Victorian legislation have become law on 29 March 2021. To help you understand the changes, we’ve compared the current and new legislation below.
Current legislation (from 29 March 2021)
Installation:
- Rental provider is responsible for the installation of smoke alarms
- Smoke alarms must be installed according to specifications outlined in the regulations* and manufacturer’s instructions
Maintenance:
- Rental provider is responsible for ensuring smoke alarms are tested according to manufacturer’s instructions at least once every 12 months
- Rental provider is responsible for replacing batteries as required
- Rental provider must immediately arrange for smoke alarm repair/replacement as an urgent repair when notified by the renter
Interconnection:
- Smoke alarms must be mains powered and interconnected¹ where the dwelling was constructed after 1 May 2014 and there is more than one alarm in the property
Information & Communication:
- Rental provider must provide new renters with information (in writing) about how each smoke alarm works, how to test each smoke alarm on the premises, and about the renter’s obligations to not tamper with smoke alarms and to report non-working smoke alarms
- Renter must give written notice to rental provider as soon as practicable if a smoke alarm is not in working order (then the rental provider must immediately arrange for repair)
*Specifications for smoke alarm installation (current and future)
¹ In Victoria, the Building Act 1993 (Vic) and the Building Regulations 2018 (Vic) enshrine the NCC via Volumes 1 and 2 of the Building Code of Australia (“BCA”). The BCA Volume 2 2014 applies to the construction of all residential buildings in Victoria and is administered and enforced by local councils. The Building Regulations 2018 (Vic), Part 9, Clause 145, states that interconnected smoke alarms need to be installed in accordance with the BCA 2014 (E2.2a and Part 3.7.5) key build date requirement, which is a reference to 1 May, 2014.
Previous legislation (to 28 March 2021)
The guidelines below reflect current legislative requirements and will continue as requirements under the new regulations from March 2021.
- The Victorian Building Regulations 2018 requires smoke alarms to be installed in accordance with the Building Code of Australia (BCA). Importantly:
- Smoke alarms are compulsory and must be installed in residential buildings on or near the ceiling of every storey.
- Smoke alarms need to be located in a position designed to wake sleeping occupants of a building and give them time and safe passage to evacuate the building.
- Residential homes constructed before 1 August 1997 require only 9-volt battery-powered smoke alarms.
- Residential homes constructed after 1 May 2014 and where there is more than one alarm in the property require mains powered and interconnected 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.
Currently, to work out what “good repair” means for a smoke alarm, we look to authorities such as the Metropolitan Fire Brigade.
According to the Metropolitan Fire Brigade Website:
-
- Smoke alarms should be tested according to the manufacturer’s instructions.
- Batteries should be changed and alarms cleaned at least annually.
- Smoke alarms have a manufacturer-recommended life of ten years. Thus after 10 years all smoke alarms need to be replaced.
- MFB recommends the use of photoelectric smoke alarms when installing or replacing existing smoke alarms.
From 29 March 2021, the regulations have stipulated mandatory annual testing for smoke alarms and other specific responsibilities for landlords regarding smoke alarm maintenance. The new specifications are outlined in the table above.
The new legislation has also mandated testing for gas and electrical appliances from 29 March 2021.
Find out more about gas safety legislation in Victoria
Find out more about electrical safety legislation in Victoria
Changes to NSW legislation became effective on 23 March 2020. To help you understand the changes, we’ve compared the previous and current legislation below.
Current legislation (from 23 March 2020)
Installation:
- Owner must ensure smoke alarms are installed in accordance with the Environmental Planning and Assessment Act and Regulations*
Maintenance:
- Landlord must ensure all smoke alarms are tested annually
- For battery smoke alarms, the landlord is responsible for replacing batteries in the period specified by the manufacturer, otherwise annually
- Landlord is responsible for replacing new smoke alarms within 10 years from the manufacture date or earlier if specified by manufacturer
- Landlord must arrange the repair/replacement of a non-working smoke alarm within 2 business days of becoming aware
- Tenant may replace removeable batteries if they follow the notification protocol outlined in the Regulations
- 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
- More information can be found in the Residential Tenancies Regulation 2019
Interconnection:
- Smoke alarms must be mains powered and interconnected¹ where the dwelling was constructed after 1 May 2014 and there is more than one alarm in the property
*Specifications for smoke alarm installation (previous and current)
¹ In NSW, it is the Environmental Planning and Assessment Act 1979 (NSW) ("EPA Act”) that requires adherence to the BCA Volume 2 2014. Both the EPA Act (s 6.10) and the associated Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (r 19, r 22(1)(b), r 22(1)(c)) (“EPA Regulation”) require that properties comply with the BCA at the time the application for the construction certificate was made.
Previous legislation (to 22 March 2020)
The guidelines below reflect current legislative requirements.
- As per guidelines published by the NSW Department of Planning and Environment, for any type of sleeping accommodation, landlords must:
- Have at least one working smoke alarm on every level of the building, with extra specifications regarding smoke alarms in and near bedrooms
- Prohibit people from removing or interfering with the smoke alarms
- As per the EPA and the New South Wales Fire Brigade guidelines, smoke alarms installed after 1 May 2006 must be functioning and comply with Australian Standards AS 3786 or be listed with the Scientific Services laboratory.
- The EPA regulations provide that functioning smoke alarms installed in a class 1a or class 2 building, a relocatable home or a class 4 part of a building before 1 May 2006 are taken to comply until such time as the alarm is removed or ceases to function.
- Residential homes constructed after 1 May 2014 and where there is more than one alarm in the property require mains powered and interconnected smoke alarms.
Under the new legislation, a penalty will apply for landlords who fail to comply from 23 March 2020.
- In ACT the relevant legislation and regulations include: Residential Tenancies Act 1997 (“the Act”), Residential Tenancies Regulation 1998, Australian Standard 3786-2014, Building Act 2004, and Building Regulation 2008
- The ACT Residential Tenancies Act was amended in August 2017 to require all leased properties in the ACT to be fitted with smoke alarms that comply with AS3786:2014. Existing rental property owners had until 24th August 2018 to comply.
- The Act also defines the responsibilities for a property owner and for a tenant.
Property owners must ensure that:
- An alarm must be installed in each storey of the building.
- On storeys with bedrooms, the alarm is to be located between the bedroom and the remainder of the building.
- Smoke alarms may be battery-operated or hard-wired.
Property owners should also refer to the following recommendations made by ACT Fire & Rescue (ACTF &R):
- Smoke Alarms should be inspected and tested in accordance with the manufacturer’s recommendations.
- Smoke alarms have a typical life of around 10 years and should be replaced by the property owner as routine maintenance, or where found to be faulty.
- ACTF&R recommend hard-wired, interconnected, photoelectric smoke alarms for residential applications, and that regular testing is undertaken to ensure the alarm operates as designed.
Queensland has some of the most stringent smoke alarm legislation and regulations. Relevant reference documents include:
- Fire and Emergency Services Act 1990
- Building Fire Safety Regulation 2008
- National Construction Code 2016
- Australian Standard (AS) 3786-2014
- Land Title Act 1994
According to the Fire and Emergency Services Act, smoke alarms must comply with Australian Standards AS 3786-2014.
The Queensland Fire and Emergency Services factsheet sets out the following:
- Each smoke alarm and battery should be replaced before the expiry date for that smoke alarm
- Existing smoke alarms manufactured more than 10 years ago must be replaced with photoelectric smoke alarms that comply with Australian Standards AS 3786
- Landlords are required to ensure the premises and inclusions are in good repair.
According to the Queensland Residential Tenancies Authority website, each smoke alarm must be tested and cleaned within 30 days prior to each tenancy change or renewal.
The Queensland Government website details guidelines as follows:
Design & installation
Smoke alarms must be:
If you own and live in your home, the 1 January 2027 deadline is the one that applies to you. Our Queensland 2027 smoke alarm guide explains what the law requires, how many alarms a home like yours needs and what an upgrade costs — or you can book a 2027 upgrade directly.
Legislation in South Australia makes it compulsory to have smoke alarms in all residential properties.
According to the Development Act 1993 and the South Australian Department of Planning, Transport and Infrastructure website:
- Houses built since 1 January 1995 must be equipped with hard-wired smoke alarms. All other houses must be equipped with at least replaceable battery powered smoke alarms.
- Homes built after 1 May 2014 and where there is more than one alarm in the property require mains powered and interconnected¹ smoke alarms.
- When a house with a replaceable battery powered smoke alarms is sold after 1 February 1998, the new owner has six months to install alarms which are hard-wired to the 240-volt power supply, or powered by 10-year permanently-connected batteries.
- Penalties apply for non-compliance.
A landlord must ensure that the premises, and ancillary property, are in a reasonable state of repair at the beginning of the tenancy and must keep them in a reasonable state of repair having regard to their age, character and prospective life; and must comply with statutory requirements affecting the premises.
According to the Development Regulations, smoke alarms must comply with Australian Standards AS 3786. Smoke alarms for all residential rental property (including detached houses, villas, guest houses, hostels etc) must be:
- Installed on every storey
- Installed in any hallway leading to bedrooms, and
- Located between each part of the dwelling containing bedrooms and the rest of the dwelling.
Smoke alarm safety in Tasmania is governed by the Residential Tenancy Act 1997 (Section 36C) and the Residential Tenancy (Smoke Alarms) Regulations 2012.
Placement of smoke alarms
The rules for the placement of smoke alarms in Tasmania are complex and vary by building classification. In all cases, smoke alarms must be installed on or near the ceiling.
- For Class 1a buildings (single dwellings including detached homes, row/terrace houses and townhouses):
- In every corridor or hallway associated with a bedroom, or if there is no corridor or hallway then between the bedroom and the rest of the home
- On any other storey that does not contain a bedroom
- For Class 1b buildings (boarding houses, guests houses, hostels and the like with up to 12 occupants):
- In every bedroom
- In every corridor or hallway associated with a bedroom, or if there is no corridor or hallway then between the bedroom and the rest of the premises
- On any other storey that does not contain a bedroom
- For Class 2 buildings (a building containing 2 or more sole occupancy units, e.g. an apartment building) and Class 3 buildings (a residential building for long-term or transient living for unrelated persons e.g. boarding house, hostel, backpackers, residential part of a hotel, motel, school or detention centre) and Class 4 buildings (a residence in a commercial building where it is the only residential unit in that building, e.g. unit above a retail premises, caretaker’s residence at a commercial facility):
- In every corridor or hallway associated with a bedroom, or if there is no corridor or hallway then between the bedroom and the rest of the premises
- In egress paths in any other storey that does not contain a bedroom.
Types of smoke alarm
All new smoke alarms must be hard-wired or fitted with a 10-year, non-removable, lithium battery in accordance with the Australian Standards AS 3786.
However, smoke alarms that were previously installed and were compliant at time of installation are still considered compliant as long as they are functioning and within their expiry date.
This means that some smoke alarms are still using removable batteries which require changing as needed. Tenants and owners each have responsibilities to ensure smoke alarms with removable batteries are maintained in working order.
Responsibilities of owners
- At the beginning of the tenancy, owners must ensure that:
- The smoke alarms function effectively
- The smoke alarms are free from dust and debris
- If the smoke alarm is mains-powered, it is connected to power and has not reached its expiry date; and the backup batteries are installed, working and not expired or due to expire within 30 days
- If the smoke alarm is powered by a 10-year non-removable battery, the smoke alarm has not reached its expiry date
- If the smoke alarm is powered by removable batteries, these are properly installed and not expired or due to expire within 30 days
- During the tenancy, owners must ensure that:
- Smoke alarms are maintained in accordance with AS 1851-2012 Maintenance of fire protection systems and equipment
- If a smoke alarm has a backup battery that does not function effectively, has reached its expiry date, or has not been replaced for 12 months or more (or for 10-year lithium batteries, has been in use for 10 years), the battery is replaced as soon as practicable
- If a smoke alarm reaches its expiry date, it is replaced as soon as practicable
- If a smoke alarm malfunctions for reasons other than the battery or power supply has failed, the smoke alarm is repaired or replaced as soon as practicable after the owner becomes aware.
- Responsibilities of tenants
- Tenants must ensure removable batteries are replaced if they don’t function, have reached their expiry date or have not been replaced for 12 months or more.
- Tenants must ensure that smoke alarms are tested and free of dust and debris every 6 months.
- If a smoke alarm fails or malfunctions for reasons other than battery failure (i.e. the tenant can’t rectify the issue by replacing the removable batteries), the tenant must ensure the landlord is informed of the issue as soon as practicable.
In Western Australia, specific regulations mandate the installation of compliant smoke alarms in residential properties that are sold, rented, or hired. These requirements are outlined in the Building Act 2011 and the Building Regulations 2012.
Installation requirements
Smoke alarms must be installed:
- In line with the Building Code of Australia (BCA): This includes positioning them on or near the ceiling, at least 300mm away from the junction of the ceiling and wall. In rooms with sloped ceilings, alarms should be placed between 500mm and 1500mm from the highest point, as per BCA specifications.
- In specific locations within the property:
- Class 1a Buildings (e.g., detached houses, townhouses):
- In every corridor or hallway leading to bedrooms.
- If no corridor exists, in areas between the bedrooms and the rest of the dwelling.
- On every storey, even if a storey contains only car parking, bathrooms, or laundries.
- Class 1b Buildings (e.g., small guest houses, short-term holiday accommodations):
- In every bedroom.
- In corridors or hallways associated with bedrooms, or in areas between bedrooms and the rest of the building.
- On every storey of the building.
- Class 2 Buildings (e.g., apartments):
- Inside each sole-occupancy unit as required for Class 1a properties.
- Class 4 Parts of Buildings (e.g., caretaker’s residence within a commercial building):
- In the residential portion, as per Class 1a requirements.
- Class 1a Buildings (e.g., detached houses, townhouses):
Power Source
- Mains Power Connection: Smoke alarms must be permanently connected to the mains power supply.
- Battery-Powered Smoke Alarms: Where mains power is unavailable or wiring is impractical, battery-powered alarms with a 10-year non-removable battery are permitted. As per the Building Regulations 2012, local government approval is not required for this scenario.
- In other circumstances, installation of a battery-powered smoke alarm may require approval from the local government.
Interconnection
- New Homes (Post-1 May 2015): For homes built after 1 May 2015, smoke alarms must be interconnected. This ensures that when one alarm detects smoke, all alarms in the dwelling will sound, as required under the Building Regulations 2012.
- Older Homes: Dwellings constructed on a building permit application made before 1 May 2015 are not required to have interconnected smoke alarms for sale, rent, or hire, unless upgraded to newer standards.
Types of smoke alarms
Smoke alarms must comply with Australian Standard AS 3786. Both photoelectric and ionisation types meet this standard, but the Department of Fire and Emergency Services (DFES) recommends the use of photoelectric smoke alarms due to their responsiveness to a wider range of fire types and reduced likelihood of false alarms.
Maintenance responsibilities
Property owners or lessors are responsible for ensuring smoke alarms:
- Are in working order.
- Are permanently connected to mains power, or if battery-powered, have a 10-year non-removable battery, as per Building Regulations 2012.
- Have not reached their expiry date (if specified).
- Are no more than 10 years old if no expiry date is provided.
- Are tested regularly to ensure functionality.
- Are replaced immediately if found faulty.
Requirements prior to property transfer
- Before Selling a Property: The current owner must ensure compliant smoke alarms are installed before transferring ownership, as stipulated in the Building Regulations 2012.
- Responsibility of the New Owner: If compliant smoke alarms are not installed, the new owner must rectify the situation within a specified timeframe and may recover costs from the prior owner, as outlined in the Building Regulations 2012.
Compliance Timing
Smoke alarms must be compliant:
- Before the sale of a property.
- Before the commencement of a rental agreement.
- Before making a property available for hire.
Penalties for non-compliance
Failure to adhere to smoke alarm regulations can result in fines of up to $5,000, as per the Building Regulations 2012.
References
Important disclaimer
The advice provided in these guidelines is of a general nature only and is a summary of the main legislation and regulations affecting electrical safety in the relevant states described. It is not to be treated as a comprehensive appraisal of all electrical safety legislation and regulations in force. This advice does not constitute legal advice and should not be relied upon as such. The advice is a summary of guidelines published by state and territory government websites. Accordingly, we have relied on the accuracy of the content published by the relevant websites in compiling this advice. You should seek legal or other professional advice before acting or relying on any of the content.