Can A Landlord Test Smoke Alarms In A Rental Property?

Whenever we meet a new landlord, part of our conversation around preparing the property for the rental market includes a discussion of smoke alarm compliance and testing. Often, landlords may be unaware of their obligations, while others have a limited understanding of what appropriate smoke alarm testing and compliance entails. 

In this post we discuss the primary elements of smoke alarm law in NSW as it impacts landlords, and address the question of whether landlords should feel satisfied with testing smoke alarms themselves.

​What Is The Law Around Smoke Alarms In NSW?

As at August 2019, a summary of the law surrounding smoke alarms in NSW is found on the Fire And Rescue NSW site, and includes the following:

• Under Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000, smoke alarms must be installed in all buildings in NSW where people sleep
• The smoke alarms must meet the requirements of Australian Standard AS 3786, Smoke Alarms. These provisions came into effect on 1 May 2006
• NSW legislation stipulates that smoke alarms must be installed on every level of your home
• Landlords are responsible for the installation of smoke alarms in rented premises
• Landlords have the right of access to rented premises to fit smoke alarms after giving the tenant at least two days’ notice
• After the tenancy begins, the tenant is responsible for replacing the battery, if needed, in battery-operated smoke alarms. Hard-wired smoke alarm back-up batteries are to be replaced by the landlord
• According to NSW legislation, neither the landlord nor the tenant are, except with reasonable excuse, permitted to remove or interfere with the operation of a smoke alarm fitted in the rented premises
• Where a smoke alarm has a replaceable battery, the landlord must put a new battery in at the commencement of a tenancy
• Every 10 years smoke alarms should be replaced. Smoke alarms do not last forever and the sensitivity in all smoke alarms will reduce over time. Also, the smoke detecting technology within the alarms is continually improving. All types of smoke alarms should be removed, replaced and disposed of at least every 10 years

Updated Smoke Alarm Regulations For Landlords Effective 23 March 2020

From 23 March 2020, all NSW landlords must ensure that smoke alarms installed in the rented property are in working order. A penalty will apply for landlords who fail to comply.

The existing provision that allows landlords to enter the property without consent has been extended to specifically include inspecting or assessing the need for repairs to, or replacement of, a smoke alarm if proper notice has been given to the tenant.

Information for landlords  

To ensure smoke alarms installed in the rented property are in working order, a landlord must:

• Carry out annual checks to ensure all smoke alarms installed at the property are in working order
• Replace a removable battery in all smoke alarms in the period specified by the smoke alarm manufacturer (for a removable lithium battery), or otherwise annually
• Repair or replace a smoke alarm that is not working within 2 days of becoming aware that it is not working
• Replace a smoke alarm with a new smoke alarm within 10 years from the manufactured date, or earlier if specified by the smoke alarm manufacturer.

Information for tenants  

• Tenants will need to notify the landlord if a repair or a replacement to a smoke alarm is required, including replacing a battery in a smoke alarm.
• A tenant can choose to replace a removable battery in a smoke alarm, but they will need to notify the landlord if and when they do this. 
• A tenant may only repair or replace a smoke alarm if the landlord fails to repair or replace a smoke alarm within the prescribed time (as detailed above). 
• Tenants are entitled to reimbursement for the costs of a repair or replacement of a smoke alarm if they provide appropriate evidence. These provisions do not apply to social housing tenants.

​Do I Need To Engage A Professional Smoke Alarm Testing Company Or Can I Test Myself?

​Importantly, many landlords do not realise that simply pushing the "test" button on the device and replacing the battery does not constitute testing, as they must be tested in accordance with AS3786. Certification that the detector works under a fire situation is deemed a formal test, and this is something which a professional testing company can provide which many landlords cannot themselves. 

The smoke alarm testing professionals we engage complete the following for a single low annual fee:

• A highly industry experienced technician will inspect your smoke detector
• They will determine that your smoke detector has been installed as per the requirements of the Building Code of Australia & EPA Act
• They will inspect your smoke detector for compliance with AS 3786, and rectify any non-compliance
• Your battery will be replaced every 12 months
• They will conduct an audible test of your smoke detector and also determine that the smoke detector operates in a fire situation
• The smoke detector will be cleaned with an anti static wipe and a vacuum cleaner.
• If your 240 or 9 volt smoke detector is found to be faulty or expired it is replaced free of charge
• If you have a change of tenant in the 12 month period they will change the battery and retest the smoke alarm free of charge
• You will be placed on a database to ensure your property is compliant and routinely rescheduled for testing every 12 months
• They will certify that your property complies with all government legislation

​Is Your Property Compliant With Smoke Alarm Legislation?

​If you are a landlord reading the above and you have any doubts as to the level of compliance your property has, we strongly recommend contacting us to arrange the appropriate testing be completed and scheduled ongoing. 

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