Smoke alarm compliance is not optional in New South Wales – it’s a legal requirement designed to save lives. For landlords, staying compliant isn’t just about ticking a box; it’s about protecting tenants, minimising risk and meeting legal obligations under NSW legislation.
What Does NSW Law Require for Smoke Alarms?
Under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019, all residential rental properties in NSW must have working smoke alarms installed.
Landlords are legally responsible for ensuring compliance – even if the property’s management is delegated to an agent.
Who Is Responsible During the Tenancy?
Smoke alarm compliance is a shared responsibility, but the ultimate legal obligation remains with the landlord.
Landlords must:
- Install compliant smoke alarms
- Ensure alarms are working at the start of each tenancy
- Undertake annual inspections of the alarms to ensure their continued operation
- Replace faulty or expired alarms
Tenants must:
- Notify the landlord or agent if an alarm is not working
- Not remove or interfere with smoke alarms
Why Annual Smoke Alarm Checks Are So Important
Annual smoke alarm inspections are a legal requirement and critical for risk management.
Annual checks help to:
- Confirm alarms are still operational
- Identify expired units (most alarms last 10 years)
- Ensure placement remains compliant
- Reduce the risk of liability claims in the event of a fire
From an insurance perspective, non-compliance can invalidate landlord insurance and expose owners to significant legal and financial risk.
The Real Risks of Non-Compliance
Failing to comply with smoke alarm laws can result in:
- Fines and penalties
- Insurance claim refusals
- Legal liability if injury or loss occurs
More importantly, non-compliance puts lives at risk. Smoke alarms provide early warning and remain one of the most effective fire safety measures in residential properties.
At Bob Berry Real Estate we strongly encourage all investors to engage the services of Smoke Alarm Testing Services (SATS).
Bob Berry Real Estate and SATS work closely together to:
- Coordinate annual smoke alarm inspections
- Ensure alarms meet current NSW legislation
- Track expiry dates and compliance changes in accordance with the Act
- Keep clear compliance records for landlords
Smoke alarm compliance isn’t just a legal obligation – it’s a responsibility that safeguards people and property.
Legislation is tightening and enforcement increasing, now is the time to ensure your property is compliant. If your property is not being serviced by SATS or another provider, we strongly encourage all investors to consider this cost-effective safety measure to ensure compliance and peace of mind. Please email admin@bobberry.com.au or telephone – 6882 6822 – if you are unsure about your properties current smoke alarm status.