When it comes to fire safety, smoke alarms are a critical line of defence. For property investors and owners in Zetland, NSW, understanding the rules around smoke alarms in strata properties is essential. Regulations differ for rental properties and strata schemes, and knowing who is responsible for their maintenance can save time, money, and potential legal complications.
Smoke Alarms in Rental Properties: What the Law Says
The NSW Government mandates that all rental properties must have working smoke alarms. According to NSW Fair Trading, “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.”
Key responsibilities of landlords include:
- Ensuring at least one smoke alarm is installed in a hallway outside bedrooms or in another suitable location on each storey of the rented home.
- Repairing or replacing a smoke alarm within two business days of discovering it is not working.
- Replacing removable batteries within two business days of notification by the tenant.
- Checking smoke alarms annually to ensure they are operational.
- Replacing smoke alarms within 10 years of manufacture or sooner if required.
- Using a licensed electrician for any repairs or replacements of hard-wired smoke alarms.
Tenants also have responsibilities, such as notifying their landlord if a smoke alarm is not working and, in some cases, replacing removable batteries within two business days of notifying the landlord.
However, smoke alarm regulations in strata properties have some unique considerations.
Who Maintains Smoke Alarms in Strata?
In strata title properties, responsibility for maintaining smoke alarms depends on where the alarm is located and the specific strata by-laws. As The Strata Collective explains, “For individual lots and units, owners are responsible for the maintenance and replacement of smoke alarms….The Owners Corporation is responsible for the maintenance of smoke alarms in common areas.”
This means that:
- If the smoke alarm is inside a lot (e.g., within a unit), the lot owner is responsible for ensuring it is working.
- If the smoke alarm is in a common area (such as hallways or shared corridors), the Owners Corporation is responsible for its maintenance.
Strata Exemptions for Smoke Alarms
While the standard rental property smoke alarm rules apply to strata properties, there is an exemption if all of the following conditions are met:
- The smoke alarms are either hardwired or battery-operated, and the Owners Corporation is responsible for their repair and replacement.
- The landlord has informed the tenant in writing that the Owners Corporation is responsible for the smoke alarms.
- The landlord notifies the Owners Corporation within 24 hours of discovering a smoke alarm needs repair or replacement.
- The landlord takes reasonable steps to ensure the repair or replacement is completed.
This exemption prevents duplication of responsibilities and ensures that fire safety measures are properly maintained within the strata scheme.
Ensuring Compliance and Safety
For property investors and owners in Zetland, NSW, ensuring compliance with smoke alarm regulations is not only a legal requirement but also an important safety measure. Whether you own a standalone rental property or a unit within a strata complex, here are some key takeaways:
- Always check your strata by-laws to confirm responsibility for smoke alarms.
- If you are responsible for maintaining a smoke alarm, ensure annual checks and timely battery replacements.
- If the Owners Corporation is responsible, notify them immediately of any issues.
- Work with a professional property manager to stay on top of compliance requirements.
Smoke alarms save lives. Being aware and proactive about your obligations ensures the safety of tenants and protects your investment.
If you have any questions about smoke alarm responsibilities in your strata property, feel free to reach out to us at MyPlace Estate Agents for expert guidance.