Since 1 October 2015 landlords in England have been required to:
As of 1 October 2022, the requirements are expanded so that:
Any room with a fixed combustible heating appliance (excluding gas cookers) will also require a carbon monoxide alarm.
The legislation also requires landlords to act when tenants report a faulty alarm.
Failure to comply can lead to a civil penalty being imposed of up to £5,000.
The following guidance will assist landlords and their agents on how to comply with this legislation and to ensure that properties are safe for tenants.
What are the requirements for smoke alarms?
During any period after 1 October 2015, while premises are occupied under tenancy the landlord must ensure that a smoke alarm is equipped on each level / story of the premises on which there is a room used wholly or partly as living accommodation.
Rooms used as living accommodation include lounges, dining rooms, kitchens, bathrooms and separate toilets. It also includes a hall, or landing. A loft space or garage for example would not be considered a “living space”
Heat detectors are not considered sufficient substitutes.
What are the amended requirements for carbon monoxide alarms
From 1 October 2022, all properties will be expected to have CO detector fitted in every room that is:
Used partly or wholly as living accommodation, and contains a fixed appliance which burns, or is capable of burning fuel. This would include working gas / oil boilers, gas fires, wood burning stoves, open fires, etc.
The only exception to this is rooms where the ONLY fuel burning appliance is a gas cooker or hob. If a kitchen contains both a hob and boiler for example, a CO alarm would need to be fitted.
Where a fireplace is purely decorative, and has been blocked off or capped off, a CO alarm would not be required.
Where should the alarms be placed?
Guidance suggests following the alarm manufacturer's instructions and landlords should ensure that alarms are installed in an effective way to protect tenants from the dangers of smoke and carbon monoxide
CO alarms should preferably be wall or ceiling mounted. This will typically be 150mm from the ceiling and between 1-3 meters away from the fuel-burning source or gas appliance.
Smoke Alarms should be fixed to the ceiling in a circulation space i.e. a hall or landing and away from areas that could trigger unnecessary “nuisance alarms”
What type of alarm should be used?
The regulations do not stipulate what kind of smoke or carbon monoxide alarm is required, just that it’s in working order.
CO alarms should conform to British Standards BS 50291 and Smoke alarms to BS 5839-6
For smoke alarms ideally, it should be a mains-wired, interconnected alarm system as this is the modern standard required in the building regulations.
Were battery powered alarms are selected, alarms with “sealed for live” batteries are the preferred option.
Requirement to ensure the alarms are in working order
The landlord is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms are in proper working order on the day a tenancy begins where it is a new tenancy.
If a landlord is notified by a tenant of a defective smoke or CO alarm the amended regulations require landlords to investigate and repair or replace the item as soon as reasonably possible.
Do alarms expire?
Landlords should take note of installation and expiry dates of alarms and replace them once the expiry date has been reached.
It is recommended that both battery and hardwired alarms be replaced after 10 years as their sensors degrade and they’re no longer dependable or effective.
How should checks be performed during the tenancy?
Typically, the tenant will be responsible for checking the alarm during the duration of the tenancy. Landlords are advised to provide them with the instructions or demonstrate how to perform these checks to ensure they are done correctly.
If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries.
If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to the relevant landlord.
Who must comply with these requirements?
The requirements are imposed on the immediate landlord of the tenant.
Which premises are affected?
These duties apply to almost all residential premises in the private rented sector. It also includes tenancies where the building is in mixed-use such as a flat above a shop.
Which premises/tenancies are exempted from these regulations?
There are various excluded tenancies found in the Act such as:
Shared accommodation with the landlord or a member of the landlord's family.
A tenancy which is let on a long lease (more than 7 years)
Student halls of residence
Hostels and refuges
Care homes and other accommodation relating to health care provision
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- Ensure smoke alarms are installed in all of their rented residential accommodation.
- Ensure carbon monoxide alarms are fitted in every room with a solid fuel heating appliance. This includes any open fireplace that is available
As of 1 October 2022, the requirements are expanded so that:
Any room with a fixed combustible heating appliance (excluding gas cookers) will also require a carbon monoxide alarm.
The legislation also requires landlords to act when tenants report a faulty alarm.
Failure to comply can lead to a civil penalty being imposed of up to £5,000.
The following guidance will assist landlords and their agents on how to comply with this legislation and to ensure that properties are safe for tenants.
What are the requirements for smoke alarms?
During any period after 1 October 2015, while premises are occupied under tenancy the landlord must ensure that a smoke alarm is equipped on each level / story of the premises on which there is a room used wholly or partly as living accommodation.
Rooms used as living accommodation include lounges, dining rooms, kitchens, bathrooms and separate toilets. It also includes a hall, or landing. A loft space or garage for example would not be considered a “living space”
Heat detectors are not considered sufficient substitutes.
What are the amended requirements for carbon monoxide alarms
From 1 October 2022, all properties will be expected to have CO detector fitted in every room that is:
Used partly or wholly as living accommodation, and contains a fixed appliance which burns, or is capable of burning fuel. This would include working gas / oil boilers, gas fires, wood burning stoves, open fires, etc.
The only exception to this is rooms where the ONLY fuel burning appliance is a gas cooker or hob. If a kitchen contains both a hob and boiler for example, a CO alarm would need to be fitted.
Where a fireplace is purely decorative, and has been blocked off or capped off, a CO alarm would not be required.
Where should the alarms be placed?
Guidance suggests following the alarm manufacturer's instructions and landlords should ensure that alarms are installed in an effective way to protect tenants from the dangers of smoke and carbon monoxide
CO alarms should preferably be wall or ceiling mounted. This will typically be 150mm from the ceiling and between 1-3 meters away from the fuel-burning source or gas appliance.
Smoke Alarms should be fixed to the ceiling in a circulation space i.e. a hall or landing and away from areas that could trigger unnecessary “nuisance alarms”
What type of alarm should be used?
The regulations do not stipulate what kind of smoke or carbon monoxide alarm is required, just that it’s in working order.
CO alarms should conform to British Standards BS 50291 and Smoke alarms to BS 5839-6
For smoke alarms ideally, it should be a mains-wired, interconnected alarm system as this is the modern standard required in the building regulations.
Were battery powered alarms are selected, alarms with “sealed for live” batteries are the preferred option.
Requirement to ensure the alarms are in working order
The landlord is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms are in proper working order on the day a tenancy begins where it is a new tenancy.
If a landlord is notified by a tenant of a defective smoke or CO alarm the amended regulations require landlords to investigate and repair or replace the item as soon as reasonably possible.
Do alarms expire?
Landlords should take note of installation and expiry dates of alarms and replace them once the expiry date has been reached.
It is recommended that both battery and hardwired alarms be replaced after 10 years as their sensors degrade and they’re no longer dependable or effective.
How should checks be performed during the tenancy?
Typically, the tenant will be responsible for checking the alarm during the duration of the tenancy. Landlords are advised to provide them with the instructions or demonstrate how to perform these checks to ensure they are done correctly.
If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries.
If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to the relevant landlord.
Who must comply with these requirements?
The requirements are imposed on the immediate landlord of the tenant.
Which premises are affected?
These duties apply to almost all residential premises in the private rented sector. It also includes tenancies where the building is in mixed-use such as a flat above a shop.
Which premises/tenancies are exempted from these regulations?
There are various excluded tenancies found in the Act such as:
Shared accommodation with the landlord or a member of the landlord's family.
A tenancy which is let on a long lease (more than 7 years)
Student halls of residence
Hostels and refuges
Care homes and other accommodation relating to health care provision
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