Factsheet 20: Smoke alarms

As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law about smoke alarms in NSW.

Landlords must install smoke alarms

From 1 May 2006, it is a term of every residential tenancy agreement that the landlord will install and maintain smoke alarms according to the standards in the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006.

The provisions about smoke alarms apply to residential tenancy agreements started before 1 May 2006, as well as new tenancies.

Types of buildings and types of alarms

All smoke alarms installed from 1 May 2006 must comply with Australian Standard AS 3786. The power supply and location of smoke alarms depends on the type of building.

Private dwellings

This includes:

• detached houses, terrace houses, town houses and villas
• apartments, units and flats
• caretakers flats and flats above shops
• relocatable homes.

Alarms must be hard-wired to mains electricity supply or battery powered (landlord's choice).

They must be installed on every storey. On storeys with bedrooms, an alarm must be located on or near the ceiling in every corridor associated with a bedroom. The landlord may have to install one or more alarms.

On storeys without bedrooms, a smoke alarm must be installed in the path of travel that people would likely take to evacuate the building.

Boarding houses

Smoke alarms must be hard-wired to mains electricity supply, or powered by a non-removable 10-year long-life battery (landlord's choice).

They must be installed on every storey. On storeys with bedrooms, a smoke alarm must be installed in each bedroom, and in each corridor associated with bedroom.

On storeys without bedrooms, a smoke alarm must be installed in the path of travel that people would likely take to evacuate the building.

There are additional requirements and standards for smoke alarms in large boarding houses ('Class 3' buildings). See the NSW Department of Planning website (www.planning.nsw.gov.au/smokealarms) for more information.

Old smoke alarms

Smoke alarms installed before 1 May 2006 are not required to comply with Australian Standard AS 3786. However, if the alarm is not located as required by the regulation, the landlord must move it or install a new one.

If an old alarm stops working or is removed, the landlord must replace it with an alarm that complies with the standard.

Interfering with a smoke alarm

From 1 May 2006, it is a term of every residential tenancy agreement that neither the landlord nor the tenant shall interfere with the operation of a smoke alarm.

If a smoke alarm gives 'false alarms' (e.g. triggered by cooking), do not remove the battery or disable it. Contact the landlord/agent and ask that the alarm be moved to a more suitable location or replaced with a different style of alarm. See the NSW Fire Brigades website (www.fire.nsw.gov.au) for more information.

Replacing batteries

It is a term of every residential tenancy agreement that the landlord will place new batteries in smoke alarms at the start of the tenancy.

If you are physically able to replace the battery, it is your responsibility to replace it. If not, the landlord must replace it.

Landlords' access to premises

A landlord, having given 2 days notice, can enter premises to:

• install smoke alarms
• maintain and repair smoke alarms
• change a battery in a smoke alarm.

Disputes about smoke alarms

You can apply to the Consumer, Trader and Tenancy Tribunal for an order for the landlord to:

• install smoke alarms
• repair smoke alarms
• stop interfering with the operation of a smoke alarm
• replace a smoke alarm battery if you are physically not able to.

The landlord can also apply to the tribunal for an order if you interfere with the operation of a smoke alarm or refuse to change the battery if you are physically unable.

Smoke alarms for people with hearing impairment

The smoke alarms required by the regulation issue an audible alarm. Devices such as flashing lights and vibrating pillow pads can be connected to some smoke alarms. Ask your landlord to install an alarm compatible with these devices.

Contacts and further information

• NSW Department of Planning: Smoke Alarms Help Line 1300 858 812 or see www.planning.nsw.gov.au/smokealarms
• NSW Fire Brigades: see www.fire.nsw.gov.au

Updated: June 2009

Further help

Tenants Advice and Advocacy Services: see www.tenants.org.au/publish/contact-us to find your local general or Aboriginal service
Tenants NSW website: see www.tenants.org.au/publish/factsheets for other factsheets and sample letters
NSW Fair Trading Information Centre: 133 220

The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.