For all Contracts dated 1 January 2022 onwards, compliant smoke alarms must now be installed in all residential properties.

The obligation is on the Seller to ensure that complaint smoke alarms are installed prior to settlement or fines apply.

A Seller can't use Contract clauses to remove this obligation.

From 1 January 2022:

All homes or units being sold or leased, or existing leases renewed, will require hardwired photoelectric, interconnected smoke alarms. Non-removable 10-year battery smoke alarms can be installed in place.

Smoke alarms in the dwelling must:

• be photoelectric (AS3786-2014); and
• not also contain an ionisation sensor; and
• be hardwired to the mains power supply, if currently hardwired. Otherwise, smoke alarms can be either hardwired or powered by a non removable 10 yr battery or a combination of both.
• be interconnected with every other smoke alarm in the dwelling so all activate together.

The legislation requires smoke alarms must be installed in the following locations:

• on each storey
• in each bedroom
• if there is no hallway, between the bedroom and other parts of the storey; and
• if there are no bedrooms on a storey, at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling.
• The obligations on property sellers are triggered by the date the initial sale contract is signed.

When a contract of sale is signed after 31/12/21, the seller is obligated to upgrade the dwelling to the updated interconnected domestic smoke alarm standard prior to the dwelling being transferred.

The property seller must declare on a “form 24" (part of the transfer documentation) to the buyer as part of the transfer process that this obligation has been discharged.

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