Queensland residential landlords are required to upgrade smoke alarms in their properties to comply with the updated requirements under the Fire and Emergency Services Act 1990.

Some smoke alarm companies are advising that all upgrades must be completed by 31 December 2021.

As an example:

"This legislation requires all Queensland rental properties to have smoke alarms upgraded by 31 December 2021 and from 1 January 2022, it will be illegal to rent a property that has not been upgraded."

But that is not what the legislation says.

Section 104RBA(2) of the Fire and Emergency Services Act states that the compliance requirement applies where, after 31 December 2021, a new tenancy for the dwelling starts or an existing tenancy for the dwelling is renewed.

For an existing tenancy that is renewed, for example, on 31 March 2022, the compliance requirement applies from that date.

This view has been confirmed with Queensland Fire and Emergency Services (QFES).

This allows landlords to plan upgrades in line with tenancy renewals or vacancies. For some, it may suit to do upgrades during 2022 as tenancies expire or renew.

Ignore the smoke alarm company hype and plan upgrades in line with the legislation. Chat with QFES if you have any questions.

QFES Fact Sheet

Fire and Emergency Services Act 1990

Building Fire Safety Regulation 2008

February 2021

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What Landlords Need To Know

From 1 January 2017, new rules for smoke alarms come into force in Queensland.

Landlords need to be aware of these changes. There are two key dates for smoke alarm upgrades – 1 January 2017 and 1 January 2022.

For existing dwellings, when replacing smoke alarms after 1 January 2017, photoelectric smoke alarms must be used. The existing requirements for testing smoke alarms prior to the commencement of a tenancy or any tenancy renewal remain.

More detailed rules apply from 1 January 2022. For any new or renewed tenancy, interconnected smoke alarms must be installed in each bedroom and hallway. Smoke alarms must be photoelectric, less than ten years old and not also contain an ionisation sensor. Smoke alarms must be hardwired or powered by a non-removable ten year battery.

Separate rules apply from 1 January 2017 to new dwellings and where dwellings are substantially renovated. Among other things, smoke alarms must be hardwired to the mains power supply with a secondary power source such as a battery.

A dwelling is considered to be substantially renovated if the building work is carried out under a building development approval for alterations to an existing building and the alterations (and any other approved or completed structural alterations in the past three years) represent more than half of the volume of the existing building.

Landlords of Queensland properties should audit their smoke alarms to ensure they remain up to date and comply with the new requirements.

Further details on the smoke alarm changes can be found here – QFES – Smoke Alarms.

PELEN

December 2016