LEGISLATION

What is the law?

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. These provisions came into effect on 1 May 2006.

 

NSW legislation provides for a minimum level of protection of one smoke alarm per level of your home. Extensive research by Fire and Rescue NSW (FRNSW) has revealed that the number, the location and interconnection of smoke alarms play a critical role in achieving positive fire safety outcomes.

 

Smoke Alarm Services NSW recommends owners and occupants consider higher levels of protection

 

What are the updates to smoke alarm laws commencing on 23rd March 2020?

New smoke alarm laws for residential rental properties in New South Wales have commenced on 23rd March 2020 with amendments to the Residential Tenancies Act 2010 (the Act) and the new Residential Tenancies Regulation 2019 (the new Regulation).

 

All NSW landlords will need to ensure that smoke alarms installed in the rented property are in working order. A penalty will apply for landlords who fail to comply.

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, 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.

Legislation Resources

Environmental Planning and Assessment Regulation 2000 (NSW)

Residential Tenancies Act 2010 (NSW)

Residential Tenancies Regulation 2019 (NSW)