In this blog we explain in 2.5 minutes the SMOKE ALARM laws in QLD - what you need to know for tenants, landlords and owner occupiers...

This blog explains what rights Buyers have if Seller's do not provide compliant smoke alarms for a property settlement, and we also talk about the new smoke alarm laws coming for owner occupiers in Queensland.

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Hi everybody - George Sourris, Empire Legal.

Today's topic: Smoke Alarm Laws QLD.

Is it just me or is it hot in here? Smoke alarms. Let's talk about them.

For REIQ contracts, from 01 January 2022, the laws were changed in Queensland for all properties being leased, an existing lease renewed, or properties being sold - obliging the subject property to be up to date with the latest smoke alarm legislation.

For all dwellings (this incudes owner occupier), from 01 January 2027, the new smoke alarm laws will apply to all dwellings in Queensland, not just properties being leased or sold.

For ALL dwellings, this includes owner-occupier, from the 1st of January 2027 (that's less than 3 years away at the time of writing this article), the new smoke alarm laws will apply to ALL dwellings in Queensland - not just properties being leased or sold.  New smoke alarm legislation means ALL homes MUST install interconnected photoelectric smoke alarms in every bedroom, hallways, and on every level.

Photoelectric smoke alarms respond to a wide range of fires, but are particularly responsive to smouldering fires and dense smoke, the most common type of household fire. Having interconnected alarms means that when an alarm is activated, all alarms will sound - the extra time that gives you will make all the difference - and possibly save your life!

All existing private homes, townhouses, and units will require photoelectric interconnected smoke alarms. Now, these must be either hardwired 240v or non-removable 10 year battery powered type alarms. More information can be found on the Queensland Fire and Emergency Services website (QFES). 

There are rights available for standard REIQ contracts to allow an adjustment in favour of the purchaser, in the event the vendor does NOT install compliance smoke alarms prior to settlement.

The amount is 0.15% of the purchase price, to be adjusted at settlement. The purchaser must notify the vendor in writing, PRIOR to settlement in order to receive this benefit. This is the ONLY remedy for non-compliance. So, for example, on a $1 million purchase, it's $1,500 that would be adjusted on settlement in favour of the buyer in the event that the smoke alarms weren't compliant.

We would always suggest that selling agents encourage their vendors to get compliant, smoke alarms, ASAP,  and obtain a certificate stating that the smoke alarms are compliant to avoid any unnecessary issues or delays.

Special shout out to Mel_lissagram for this blog suggestion.

What happens when there is no smoke alarm certificate produced, but the vendor says that they have updated the smoke alarms and they are compliant?

The onus is on the buyer. If you look at section 8.2 of the REIQ Standard Terms, the section defines access to the property. The buyer is allowed access for the purposes of seeing if compliant smoke alarms are installed.

So, the buyers are allowed to bring along an electrician or someone licensed to verify that the smoke alarms are in fact compliant and provide a certificate. In the event that the smoke alarms are not compliant, they would have to use that certificate to send to the seller's solicitors to get the 0.15% purchase price adjustment. So ultimately - it is on the buyer to arrange an inspection to verify whether the smoke alarms are compliant, and the seller does not have to provide a certificate. A special thank you to Tracey Hainsworth for requesting this question!

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George Souris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au. 

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Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Gold Coast, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.