Are you selling or leasing property?
Do you know about the updated QLD smoke alarm regulations?
From 1 January 2022, properties being sold or rented must comply with the new smoke alarm legislation. Sellers and landlords must install photoelectric and interconnected smoke alarms in residential properties. This means when one goes off, they all go off. If a seller fails to comply with the smoke alarm legislation, a buyer is entitled to an adjustment at settlement of 0.15% of the purchase price!
FOR DWELLINGS BEING SOLD, LEASED OR AN EXISTING LEASE RENEWED
What are the obligations from 1 January 2022 if selling or leasing residential property?
- All homes or units being sold or leased, or existing leases renewed, will require photoelectric and interconnected smoke alarms (when one alarm is activated, they are all activated). Smoke alarms must be hard-wired or powered by a non-removable 10-year battery.
- 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 year battery or a combination of both; and
- be interconnected with every other smoke alarm in the dwelling so all activate together.
Where exactly do the smoke alarms need to be installed to comply?
- 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.
I am selling property from 1 January 2022. What if I don’t install them by the settlement date?
If you are selling property from 1 January 2022, there are now obligations in the contract of sale requiring a seller to install compliance smoke alarms, or the buyer is entitled to reduction in the purchase price of 0.15% of the Purchase Price!
These changes are in the new REIQ Contract for Houses and Residential Land (17th edition) or the Contract for Residential Lots in a Community Title Scheme (13th edition) released on 20 January 2022.
The seller must also declare on a Form 24 to the buyer as part of the transfer process that this obligation has been discharged.
What if I need more information?
If you would like further information about the smoke alarm requirements please visit https://www.qfes.qld.gov.au/sites/default/files/2021-05/SmokeAlarmLegislationInformationSheet.pdf.
If you would like to learn more if you are selling a property, please contact us on 5391 0360 or contact@dukelegal.com.au
