What changed in 2023
In March 2023, amendments to the Environmental Planning and Assessment Regulation 2021 (NSW) introduced new smoke alarm requirements for all residential rental properties. The key change: landlords are now required to ensure smoke alarms are tested and cleaned annually, and to replace alarms within required timeframes — with clear obligations that sit with the landlord, not the tenant.
Important
Failure to comply with NSW smoke alarm laws can result in penalties of up to $5,500 for individuals. More importantly, non-compliance can affect your insurance coverage and your liability in the event of a fire.
What type of smoke alarms are required
NSW residential rental properties must have smoke alarms that:
- Comply with Australian Standard AS 3786:2014 (this is printed on compliant alarms)
- Are either hardwired (240V) or powered by a non-removable 10-year lithium battery
- Are interconnected where there are two or more alarms in the dwelling (so all alarms sound together)
- Are not more than 10 years old from their manufacture date
Note that older 9V battery alarms do not meet the current standard for new tenancies or replacements. If your property still has these, they need to be upgraded.
Where alarms must be installed
Under the NSW Building Code requirements, smoke alarms must be installed:
- On every level of the dwelling
- In every bedroom or in the hallway outside every bedroom
- In hallways connecting bedrooms to the rest of the dwelling
- In open-plan living/kitchen areas on each level
For older properties that have not been renovated, the minimum requirement is at least one alarm on each level. However, best practice — and what most good property managers recommend — is full coverage as above.
Your specific obligations as a landlord
The NSW Residential Tenancies Regulation 2019 places the following obligations squarely on landlords:
- Test and clean all smoke alarms within 30 days before the start of each new tenancy
- Replace any alarm that does not activate when tested
- Replace any alarm that has reached its 10-year service life
- Replace batteries in alarms that are not hardwired or 10-year lithium, as needed
Tenants are responsible for testing alarms during the tenancy and notifying the landlord or manager if an alarm is not working. However, it is the landlord's responsibility to ensure repairs or replacements are carried out promptly.
How a property manager helps
A good property manager includes smoke alarm compliance as part of every routine inspection and new tenancy checklist. Many partner with specialist compliance services that handle annual testing and certification for a small fixed fee — removing the compliance burden entirely from the landlord.
What about strata properties?
For units and apartments in strata schemes, the responsibilities are split. Common area alarms (corridors, stairwells) are the responsibility of the owners corporation. Alarms within the lot are the landlord's responsibility. Check your strata by-laws and confirm with your strata manager if you're unsure where the boundary sits for your property.
Keeping on top of compliance is one of the most practical reasons to use a professional property manager. If you'd like to connect with a local Inner West specialist, we can make that introduction at no cost to you.