Smoke alarm rules for ACT and NSW rentals: a guide for landlords and property managers

Quick answer: In the ACT, a landlord must make sure a rental has working smoke alarms that meet Australian Standard AS 3786, installed on or near the ceiling on every storey, including in every hallway that serves a bedroom. In NSW, landlords must also make sure alarms work at all times, check them every year, repair or replace a faulty alarm within two business days, and replace alarms within 10 years of manufacture. Hardwired alarms can only be repaired or replaced by a licensed electrician in both places.

By Jordan Grant, licensed electrician (ACT & NSW)

This guide is general information, not legal advice. Rules change, so always check the current requirements in the ACT Residential Tenancies Regulation or with NSW Fair Trading for your property.

ACT rentals: what landlords must do

The ACT's rental smoke alarm rules come from the Residential Tenancies Act 1997 and section 1B of the Residential Tenancies Regulation 1998. In summary:

• Working, compliant alarms: the landlord (lessor) must make sure the property has working smoke alarms that comply with AS 3786. They must be installed on or near the ceiling.

• Location: an alarm on every storey. On storeys with bedrooms, there must be one in every hallway or corridor that serves a bedroom. Only where there's no hallway does it go between the bedrooms and the rest of the home.

• Hardwired or battery: both types are allowed under the rental rules.

• Batteries: in the ACT, tenants are generally responsible for replacing batteries in battery-operated alarms during the tenancy.

• Replacement: smoke alarms typically last about 10 years. Replace them at end of life or when faulty.

What ACT Fire & Rescue recommends (best practice, not just the minimum): photoelectric, hardwired and interconnected alarms, so when one goes off they all do, plus regular testing.

NSW rentals (including Queanbeyan, Jerrabomberra and Googong)

NSW rules are more detailed. Landlords must:

• Keep alarms working at all times. This can't be shifted to the tenant through the lease.

• Check every alarm once a year to make sure it works.

• Repair or replace a faulty alarm within two business days of finding out it isn't working, including replacing a removable battery.

• Replace removable batteries every year, or for lithium batteries, within the period the manufacturer specifies.

• Replace alarms within 10 years of manufacture, or sooner if the manufacturer says so.

• Use a licensed electrician for hardwired alarms. Only a licensed electrician can repair or replace them.

• Give notice to enter: at least two business days to inspect or assess, and at least one hour to carry out the repair.

Tenants in NSW must tell the landlord or agent when an alarm isn't working. If a hardwired alarm isn't fixed within two business days, a tenant can arrange a licensed electrician and claim the cost back.

Strata properties: in NSW, a landlord is only exempt from these repair rules if the owners corporation is responsible for the alarms, the tenant has been told so in writing, and the landlord tells the owners corporation within 24 hours of a fault and takes reasonable steps to get it fixed. Otherwise the rules above apply in full. Don't assume the strata's annual fire safety check covers your obligations as a landlord.

Photoelectric vs ionisation, hardwired vs battery

• Photoelectric: detects visible smoke particles, is better at picking up smouldering fires and gives fewer false alarms from cooking. We recommend these.

• Ionisation: older technology that's more prone to nuisance alarms and slower to detect smouldering fires. We suggest replacing these when they're due.

• Hardwired (240 V): connected to mains power, with a backup battery. We recommend these for rentals.

• 10-year lithium battery: a sealed battery with no mains wiring. A good option where hardwiring isn't practical.

• Interconnected: when one alarm goes off, they all do. We recommend this, and it can be set up wirelessly or hardwired.

A simple compliance routine for property managers

1. At the start of each tenancy: test every alarm and record the results with photos.

2. Every 12 months: test every alarm, check the manufacture dates and replace batteries where required. This is required in NSW and good practice in the ACT.

3. When a tenant reports a fault: book a licensed electrician straight away. In NSW the clock is two business days.

4. Track expiry dates: replace any alarm at 10 years.

5. Keep records: dated test results, invoices and compliance certificates.

How Home Plus helps landlords and property managers

We're licensed in both the ACT and NSW, so one electrician covers your whole Canberra and Queanbeyan portfolio. We:

• Install and replace hardwired, interconnected photoelectric alarms

• Do annual smoke alarm checks with dated reports

• Arrange tenant access directly, so you don't have to chase it

• Send prompt reports and invoices for your records

Other compliance work we do at the same visit: RCD safety switch testing and general repairs.

Smoke alarm installation · Property manager services · Call 0433 976 398