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.
Installation:
- Rental provider is responsible for the installation of smoke alarms
- Smoke alarms must be installed according to specifications outlined in the regulations*
Maintenance:
- Rental provider is required to maintain the premises in “good repair”
- Does not mandate specific requirements such as regular testing or battery replacement as long as the premises (including smoke alarms) are maintained in “good repair”
Information & Communication:
- Current legislation does not stipulate specific responsibilities for the rental provider to provide information regarding the use and testing of smoke alarms
*Specifications for smoke alarm installation (current and future)
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
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)
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 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:
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- 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.
Installation:
- Owner must ensure smoke alarms are installed in accordance with the Environmental Planning and Assessment Act and Regulations*
Maintenance:
- Landlord is required to maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises
- For battery smoke alarms, the landlord must replace the battery at the commencement of a tenancy
- Tenant is responsible for replacing batteries during the tenancy
- For hard-wired smoke alarms, the landlord is to replace the back-up batteries
- More information can be found in the: Residential Tenancies (Residential Premises) Amendment (Smoke Alarms) Regulation 2006 and Residential Parks Amendment (Smoke Alarms) Regulation 2006.
*Specifications for smoke alarm installation (previous and current)
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
*Specifications for smoke alarm installation (previous and current)
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.
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.
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:
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.
- 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.
- From 1 May 2014, smoke alarms must be interconnected:
- In all new dwellings
- In existing buildings, within any extension or addition approved from 1 May 2014 which requires more than one smoke alarm (there is no requirement to interconnect to alarms in the existing building).
According to the Tasmanian Government website and the Tasmanian Residential Tenancy (Smoke Alarms) Regulations, smoke alarms must be hard-wired or fitted with a 10-year, non-removable, lithium battery in accordance with the Australian Standards AS 3786.
At a minimum, a smoke alarm must be installed in every hallway near a bedroom and on each level of a multi-storey home.
According to the Tasmanian Regulations, before a new tenancy:
- Smoke alarms must be cleaned and tested
- Back-up batteries for hard-wired smoke alarms must be replaced
- Smoke alarms must be functional and within their expiry dates
- According to the Tasmanian Fire Services website, smoke alarms must be replaced every 10 years.
Tasmanian Fire Services also strongly recommend placing a smoke alarm in each sleeping area (bedroom), hallway, living area and at the top of stairways.
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.