Smoke alarm compliance laws have recently changed in Queensland. From 1 January 2022, for any domestic dwelling being sold, or where a new tenancy starts or an existing tenancy is renewed, the Act requires smoke alarms in the dwelling to:
- be photoelectric and comply with Australian Standard 3786-2014; and
- not also contain an ionisation sensor; and
- be less than 10 years old; and
- operate when tested; and
- be interconnected with every other smoke alarm in the dwelling so all activate together.
Smoke alarms must be installed:
- on each storey;
- in each bedroom;
- in hallways that connect bedrooms and the rest of the dwelling. If there is no hallway, between bedrooms and other parts of the storey; and
- if there are no bedrooms on a storey, there must be at least one smoke alarm installed in the most likely path of travel to exit the dwelling.
If a smoke alarm which is hardwired to the domestic power supply is replaced, it must be replaced with a hardwired photoelectric smoke alarm.
The requirements of the Act can be enforced with breaches of the Act carrying maximum fines of 5 penalty units (currently $667.25).
Under the terms of the standard REIQ contract (the most commonly used contract in Queensland), the buyer is entitled to claim 0.15% of the purchase price due to non-compliance, if a notice is provided on or before settlement. To ensure this doesn’t happen, we recommend having compliant smoke alarms installed prior to selling your property, or if at the very latest, prior to settlement. Ensure you provide the agent and your conveyancer with a copy of your smoke alarm compliance certificate.
If you have any queries regarding your legal obligations regarding smoke alarms and sufficient disclosure to the buyer, please get in contact with our team.
