Working smoke alarms are the best way to alert people to fires in their home and can save lives.
For general information on fire safety and fire escape plans visit Fire and Rescue NSW.
Landlords' responsibilities
Smoke alarms must be working
Landlords must ensure that smoke alarms (including heat alarms) are working. Landlords cannot delegate responsibility of working smoke alarms to tenants in a rental tenancy agreement.
A smoke alarm is not working if it:
- is removed (and not replaced with a working smoke alarm)
- does not work (e.g. because the battery needs to be replaced)
- is malfunctioning (e.g. due to accumulated dust, insects, airborne contaminants and corrosion of electrical circuitry).
Placement of smoke alarms
Landlords must ensure that at least one smoke alarm is installed in a hallway outside a bedroom or other suitable location in each storey of a rented home. Smoke alarms (including heat alarms) must be working, and they cannot be removed or disabled.
Time frame for repairing a smoke alarm
Landlords must:
- ensure they repair or replace a smoke alarm within two business days of finding out that it’s not working. This includes replacing a removable battery
- replace the battery within two business days of:
- being notified by the tenant that the battery is not working, unless the tenant notifies that they will replace the battery
- becoming aware that the tenant has not replaced the battery, or where they haven’t been notified that the tenant has replaced the battery.
Annual checks and battery change
Landlords must:
- check smoke alarms every year to ensure they are working
- install or replace removable batteries every year (or, for lithium batteries, in the period specified by the smoke alarm manufacturer)
- replace smoke alarms within 10 years of manufacture, or earlier if specified by the smoke alarm manufacturer
- give the tenant at least two business days' notice to inspect or assess the need for a smoke alarm repair or replacement
- give the tenant at least one hour notice to carry out a repair or replacement of a smoke alarm
- use a licensed electrician to repair or replace a hard-wired smoke alarm.
There are some exceptions to these requirements for residential property in a strata scheme.
Tenants' responsibilities
Tenants must notify their landlord or agent if they discover that a smoke alarm is not working, even if it’s because the battery needs to be changed.
Removable battery smoke alarm
A tenant (but not a social housing tenant) can choose to replace a removable battery in a smoke alarm, but they will need to:
- have notified the landlord that the battery is not working
- replace the battery within 2 business days of giving that notice, and
- notify the landlord within 24 hours of replacing the battery.
Hard-wired smoke alarm
A tenant can arrange for a hard-wired smoke alarm to be repaired or replaced if their landlord or agent does not complete this work within 2 business days. They must use a licensed electrician to carry out the work.
There are some exceptions to these requirements for a residential property in a strata scheme.
Reimbursement of tenants
A tenant is entitled to reimbursement within 7 days if they paid for the smoke alarm to be repaired or replaced. They must have already notified their landlord or agent and given them the opportunity to get the repairs done first.
The tenant needs to give the landlord or agent written notice of relevant expenses, including the nature and cost of repairs together with copies of receipts or invoices.
This does not apply to social housing tenants.
Smoke alarms in strata schemes
Landlords with properties in a strata scheme must ensure smoke alarms installed in the property are working.
Exemption in strata schemes
The smoke alarm requirements set out above apply to properties in a strata scheme unless all 4 requirements below are met:
- The smoke alarms are hardwired, or they are battery operated and the owners corporation is responsible for the repair and replacement of smoke alarms.
- The landlord has advised the tenant in writing that the owners corporation is responsible for the repair and replacement of smoke alarms situated in the residential premises.
- The landlord notifies the owners corporation within 24 hours of becoming aware that a repair or replacement is needed.
- The landlord takes reasonable steps to ensure the repair or replacement of the smoke alarm is done.
This exemption makes sure the smoke alarm requirements for landlords do not duplicate or conflict with fire safety and smoke alarm maintenance requirements in strata schemes.
Tenancy agreements that started on or after 23 March 2020 have a section on smoke alarms. The landlord or agent must note whether the owners corporation is responsible for the repair and replacement of smoke alarms in the rental property if it is in a strata scheme.
Repairing or replacing a smoke alarm in strata property
Tenants in strata properties can find out:
- who is responsible for repairing or replacing smoke alarms
- when they can change a battery in a smoke alarm or arrange for a repair.
Changing removable batteries in battery-operated smoke alarms in strata property
The tenancy agreement will indicate who is responsible for repairing or replacing an alarm unit between the:
- landlord
- agent
- person authorised by the landlord, or
- owners corporation.
If the owners corporation is not responsible, the tenant:
- can arrange for replacement of the alarm unit if the landlord or agent does not do this within 2 business days of being notified that the alarm is not working
- must notify the landlord or agent within 24 hours of the work being completed.
If an alarm unit requires a repair, battery operated alarms should not be repaired unless the repair is changing the battery in the alarm.
Otherwise, the alarm unit should be replaced.
Changing removable back-up batteries for hard-wired alarms
The tenancy agreement will indicate who is responsible for replacing an alarm unit between the:
- landlord
- agent
- person authorised by the landlord, or
- owners corporation.
If the owners corporation is not responsible, the tenant:
- can arrange for replacement of removable batteries if the landlord or agent does not do this within 2 business days of being notified that the alarm is not working
- must notify the landlord or agent within 24 hours of the work being completed.
Hard-wired alarms: replacing and repairing alarm units in strata property
The tenancy agreement will indicate who can arrange for a licensed electrician to replace or repair hard-wired alarms between the:
- owners corporation
- landlord, or
- agent.
Changing removable back-up batteries in strata property
The tenancy agreement will indicate who is responsible for changing the battery of an alarm unit between the:
- landlord
- agent
- person authorised by the landlord, or
- owners corporation.
