Queensland’s new smoke alarm laws and your real estate property obligations

Did you know that as of 1 January 2022, every house, townhouse and individual unit being sold or rented in Queensland must have interconnected photoelectric smoke alarms in every bedroom and hallway, and on every level of the property. 

These new laws have given landlords and sellers a range of new requirements relating to smoke alarms. If you haven’t met these requirements yet or you’re not sure if they apply to you, this helpful article will give you the rundown.

Overview of Queensland smoke alarm laws

Back in 1 January 2017, the Queensland Government legislated that all new and substantially renovated homes had to have interconnected photoelectric smoke alarms that comply with Australian Standard AS 3786-2014.

Now these laws have expanded to include all houses, townhouses and individual units being sold or rented in Queensland.

From 1 January 2022, these properties must have interconnected photoelectric smoke alarms in every bedroom, hallway that connects the bedrooms, and level of the home. These alarms can be either hard-wired to the 240v power supply or powered by a non-removable 10-year battery (although any that are already hard-wired must remain so.)

If you’re a landlord, you must ensure that your property has these alarms installed before the next new tenancy or renewal of current tenancy lease.

If you’re selling or transferring a property, you must provide new buyers with a ‘Form 24’ on transfer of title to prove you’ve met these requirements. The requirements are also typically captured in the actual contact of sale document.

Owner occupiers in Queensland have until 1 January 2027 to also comply with these requirements. By then, every residential dwelling in Queensland will need to be compliant.

Note: At this stage, this law doesn’t apply to caravans, though that could change. (And it’s best to install a smoke alarm in a caravan anyway to keep everyone safe!)

Why smoke alarms are changing

The change to photoelectric smoke alarms has occurred in most states in Australia. While the old ionisation alarms respond quickly to a rapid fast flaming fire, they are less responsive to slow smouldering fire, which creates a lot of smoke. Most residential fires tend to be smouldering fires that then become larger fires. 

As photoelectric alarms respond better to smouldering fires, they give everyone a warning earlier, giving them time to get out before a big fire breaks out and the house fills with toxic smoke.

Queensland is aligning with other states in legislating that these alarms be interconnected. When one alarm is activated, all the alarms will sound. This ensures that sleeping children, teenagers with headphones on and anyone on any level of the house will hear the alarm. 

Positioning the new smoke alarms

The new laws are very specific about how and where to position the smoke alarms.

Every bedroom, every and hallway that connects to a bedroom, must have an alarm. If there is no hallway, the alarm can go in an open area. If a level doesn’t have a bedroom, you should put the alarm in an area that’s on the way to an exit.

You must place these alarms on the ceiling,  not within:

• 300mm of a corner of a ceiling and a wall
• 300mm of a light fitting
• 400mm of an air-conditioning vent
• 400mm of the blades of a ceiling fan.

Also keep smoke alarms away from windows and doors, as well as kitchens and bathrooms to avoid cooking smoke and steam which can trigger frequent nuisance alarms.

Obligations for landlords

Your responsibilities

As a landlord, you are legally required to comply with health and safety laws, which includes smoke alarms. If your home is not compliant as at 1 January 2022, you’re not allowed to rent out your property until it is.

Making the property compliant is your responsibility. Neither the property manager nor  the tenant has to pay for or install the smoke alarms.

Please note that only electricians can install hard-wired smoke alarms, though you can install battery-operated alarms yourself. Even if you engage a third party to do the work, you will remain responsible for compliance at all times.

Cleaning and testing alarms

Your smoke alarm testing and cleaning obligations haven’t changed with the legislation. Within 30 days before the start of a new tenancy, you must test and clean each smoke alarm in the dwelling, and every 12 months during a tenancy. There is no such thing as a ‘certified smoke alarm tester’ – anyone can test a smoke alarm by pressing the button on it to ensure it functions, although many real estate property managers may outsource this to a third party company.

Replace any non-working or expired smoke alarms before or during a tenancy. Tenants should clean and test the alarms regularly throughout their tenancy.

Smoke alarm batteries

You shouldn’t need to replace the battery in these new smoke alarms. Most alarms are hard-wired into the power supply and have a back-up 10-year battery. They charge through the power supply, so the alarm will sound if you lose power in the event of a temporary black-out.

Even if you do have battery-powered alarms, those batteries are non-removable and last 10 years, so they shouldn’t cause you any trouble. After 10 years from date of manufacture you simply replace the whole smoke alarm with a new one.

Obligations for sellers

Owner occupiers have until 1 January 2027 to comply with the new smoke alarm requirements. So for now, you have some time, though it’s worth getting this done anyway for your family’s safety.

However, if you sell or transfer your property before 2027, you will need to comply with the smoke alarm laws. Your obligations are triggered on the date that the initial sale contract is signed and must be completed before contract settlement date.

When the contact of sale is signed, you must install the required smoke alarms before you transfer the property. Then you need to provide a Form 24 to the buyer stating that you’ve met your legal requirements.

If you don’t want new smoke alarms

By law, you are required to install these new smoke alarms and make sure your property complies with all the requirements. You’re unable to opt out of your obligations.

Similarly, tenants are required to permit entry for the purpose of installing the alarms.

Get good smoke alarm advice

Unfortunately, there has been an increase in some companies taking advantage of these new smoke alarm laws.  Some are selling non-compliant alarms or convincing customers that they need to buy a particular (more expensive) type of alarm. Make sure you protect yourself by knowing the laws as they relate to your situation.