Smoke alarm responsibility can be confusing when a dwelling is part of a body corporate. The owner usually manages alarms inside the lot, while the body corporate manages certain common-property and prescribed fire safety installations.
This article covers the current Queensland requirements, rental responsibilities, access arrangements and the checks your committee should make before arranging an upgrade.
Who is responsible for smoke alarms in a Queensland body corporate?
Queensland’s smoke alarm legislation began a staged rollout from 1 January 2017. Existing dwellings did not all have to meet the final interconnected alarm requirements from that date.
For domestic smoke alarms inside a lot, responsibility generally sits with the owner of the dwelling. A domestic dwelling includes a Class 1a building, such as a house or townhouse, and a sole-occupancy unit in a Class 2 building. This means the rules can apply to houses, townhouses and units.
The body corporate is not automatically responsible for every smoke alarm installed inside a lot. Responsibility may be different where the building has a prescribed fire safety installation that serves the building or common property.
Your scheme’s survey plan and regulation module can help identify the boundaries between the lot and common property and clarify which maintenance obligations apply.
What smoke alarm rules apply to Queensland units now?
For new buildings, substantial renovations and certain sales or new tenancies, the owner must install smoke alarms in the required locations. These include:
- each bedroom
- a hallway connected to bedrooms, where applicable
- a suitable part of each storey where a bedroom is not connected to a hallway
- the likely path of travel to an exit on a storey with no bedrooms.
The alarms must be interconnected within the individual domestic dwelling. They must also be photoelectric, comply with the relevant Australian Standard and meet the prescribed power requirements.
Interconnection applies within one dwelling. Smoke alarms in separate lots do not have to be connected to each other.
The final stage of the rollout requires all remaining Queensland domestic dwellings to meet the newer requirements from 1 January 2027. Until then, the applicable requirement can depend on the age and circumstances of the dwelling.
From 1 January 2022, the newer requirements apply when residential land is transferred, when a new tenancy starts or when an existing tenancy is renewed. They can also apply after substantial renovation work.
A suitable smoke detection system in a Class 2 sole-occupancy unit may be an alternative way to comply where it meets the Building Code of Australia requirements. This should be checked against the building’s approvals and the system’s applicable standards rather than assumed from the type of detector installed.
What must a lot owner or landlord do?
The lot owner is responsible for installing and replacing domestic smoke alarms in the dwelling. An alarm must be replaced within 10 years of manufacture, or immediately if it does not operate when tested. A hardwired alarm must be replaced with another hardwired alarm.
An owner should keep records of alarm installation, replacement and testing. These records can help demonstrate what has been done if the lot is sold, leased or inspected.
Rental properties have additional responsibilities:
- the lessor must test each alarm within 30 days before a tenancy starts
- the lessor must replace spent or almost-spent batteries within that period
- the lessor must clean the alarms within that period
- during the tenancy, the tenant must test and clean the alarms at least every 12 months
- the tenant must replace spent or almost-spent batteries and tell the lessor if an alarm has failed or is about to fail.
These rental responsibilities do not transfer the owner’s installation and replacement obligations to the body corporate.
No person should remove a required alarm, remove its battery or interfere with its effectiveness, except where this is permitted for replacement, relocation or battery maintenance.
What must the body corporate maintain?
Domestic smoke alarms located inside individual lots should be considered separately from prescribed fire safety installations for the building.
A Class 2 building may have prescribed installations such as fire detection and alarm systems or sprinklers. Where these installations apply, they must be maintained, inspected and tested in accordance with the relevant maintenance code. Required repairs or corrective action must also be addressed within the applicable requirements.
The Queensland Development Code maintenance requirements apply to Class 2 buildings, including existing buildings. Body corporate members should identify which prescribed installations apply to their building, arrange maintenance through an appropriately licensed person and keep the required records.
For buildings covered by these requirements, the building occupier must provide a yearly occupier’s statement confirming that the prescribed fire safety installations have been maintained. In a body corporate building, the committee should confirm who is authorised to sign and send the statement on behalf of the body corporate.
The body corporate must administer, manage and control common property and body corporate assets reasonably and for the benefit of lot owners. It must also comply with the common-property obligations in the applicable regulation module.
This can include arranging maintenance of prescribed systems serving the building. It does not automatically make the body corporate responsible for every domestic smoke alarm inside every lot.
For more guidance on dividing responsibilities, see our body corporate maintenance factsheet.
Who provides access for testing and repairs?
Access arrangements depend on the work being carried out and who is responsible for it. A lot owner may need to provide access for testing, inspection or repairs, particularly where a prescribed system extends into the lot.
The body corporate should give clear written information about:
- the system being inspected or repaired
- the contractor attending
- the proposed date and time
- whether the work is required or recommended
- what the owner or occupier must do before the visit.
Where the body corporate is authorised or required to carry out work, the legislation gives an authorised person power to enter a lot. Except in an emergency, entry is generally at a reasonable time after at least 7 days’ written notice. The person entering must also follow the security and other arrangements ordinarily applying to the lot.
An owner or occupier should not obstruct an authorised person exercising this power. The body corporate should also make sure the proposed work, notice and access arrangements are lawful for the particular circumstances.
Read more about when a body corporate can enter a lot.
What should your committee check before arranging an upgrade?
Before approving a building-wide project, the committee should establish what is already installed and what the building requires.
A practical checklist is:
- confirm the building classification and the applicable fire safety requirements
- review the building’s approvals, fire safety management plan and maintenance records
- identify whether the issue concerns domestic alarms inside lots, a prescribed common-property system or both
- obtain advice from a suitably qualified fire safety professional
- confirm whether the proposed work meets the required standards
- identify who will install, maintain, test and replace each part of the system
- plan how contractors will access lots and provide appropriate notice
- confirm the approval, funding and communication process before work begins.
A body corporate may choose to manage an upgrade across the scheme for consistency and cost efficiency. That is a practical project decision, not a reason to assume that all responsibilities have transferred to the body corporate. The committee should first confirm its authority, funding arrangements, access requirements and ongoing maintenance responsibilities.
Smoke alarms in individual dwellings and prescribed fire safety installations are separate responsibilities that should be assessed against the building’s plan, approvals and applicable requirements.
For help understanding the maintenance or access issues affecting your scheme, contact our team at reception@stratacare.com.au.
