Legislation
FOR HomeOwners & Occupiers
Maintenance responsibilities
Homeowners should regularly test, clean and change the batteries in their smoke alarms as best practice to ensure the safety of the property’s occupants. Homeowners are required to replace any smoke alarms that do not operate when tested and any that were manufactured more than 10 years ago. Replacement alarms must meet Australian standard AS 3786-2014.
Current smoke alarm requirements
Currently, smoke alarms in owner-occupied properties should, at a minimum, be installed on each storey and between each part of the property containing bedrooms and the remainder of the property. Depending on when the property was purchased, additional requirements may need to be met.
FOR Sellers & AGENTS
Seller obligations
Property owners must ensure their properties have working smoke alarms that are correctly installed. Smoke alarms must be installed on each storey and between each part of the property containing bedrooms and the remainder of the property.
It is best practice to get the smoke alarms checked in a property you are selling or buying to check if they meet legislative requirements.
FOR LANDLORDS & PROPERTY MANAGERS
General smoke alarm requirements
Regulation 76B of the Regulations under the Development Act 1993 requires that smoke alarms complying with Australian Standard be fitted to all South Australian (SA) homes. Additional requirements exist for SA properties, determined by when the property was purchased or its age.
Landlord responsibilities
In South Australia, the Residential Tenancies Act states that landlords are responsible for ensuring smoke alarms are installed, operating, and maintained in rental properties. It is crucial to comply with these requirements to ensure the safety of tenants.
According to the South Australian Metropolitan Fire Service (MFS), smoke alarms in rental properties must be installed, cleaned, and tested in accordance with relevant Australian Standards.
Existing buildings
SA homeowners and landlords were required to meet minimum requirements prior to 1 January 2000 for all homes where building approval was granted before 1 January 1995. These homes must have at least one smoke alarm installed, which is powered by a replaceable battery if there was a change of ownership on or after 1 February 1998.
From 1 February 1998, if there is a change of ownership of the land on which any building covered by this legislation is built, the new owner must, within 6 months of title transfer, install smoke alarms either:
hard-wired to the 240 volt household power supply (unless the dwelling is not connected to such a supply); or
powered by 10 year life, non-replaceable, non-removable, permanently connected batteries.
Tenant info
South Australian tenants are not permitted to remove or relocate a smoke alarm in their rental property or do anything to interfere with the alarm’s warning sound. Also, at no time can the tenant remove the batteries unless they are replacing them.
It is best practice to notify the landlord or property manager as soon as practicable after becoming aware of the need for a smoke alarm to be repaired or replaced.
Tenants also must be aware that property managers/owners may need access to the property from time to time to meet their smoke alarm legislative obligations.