Blog
Blog

Smoke Alarm Compliance To Follow For Home Purchasing and Selling in 2024

Smoke Alarm Compliance To Follow For Home Purchasing and Selling in 2024
18 Jan 2024

New Smoke Alarm Legislation has come into effect in 2022 for everyone in Western Australia, Perth with which you need to be acquainted with for selling your house anytime in 2024.  According to this law, home-owners should mandatorily have interconnected photoelectric smoke alarms installed in their homes.

So, we have covered all the necessary information regarding smoke alarm installations and compliance guidelines pertaining to home selling in 2024.

The Rules To Follow When You Are To Sell Your House

According to the new legislation, a seller or vendor in Western Australia, Perth should compulsorily inform the buyer during the contract whether the real property has compliant smoke alarms installations as per the legal norms.

At the same time, the buyer is at liberty to hire a licensed electrician for detailed inspection before the settlement to determine whether there are compliant smoke alarms installations done right.

In case, the post-inspection report states the compliant smoke alarm has been installed by the settlement, then the buyer retains the right of contract cancellation. However, they will have to pay 0.15% of the purchase price, as stipulated in the contract. It's a huge loss on the part of the seller, affecting the sale price on the contract of sale. Smoke alarm installations thus holds a significance!

Form 24 Disclosure For Smoke Alarm Compliance 

Sellers must disclose during settlement that the property has compliant smoke alarms installations fulfilled. This has to be done on the Form 24 Transfer of Title form, as a part of ownership change as well as part of the entire conveyancing process. The Council assesses this information. Therefore, the seller has to ensure the smoke alarms are compliant.

What Could Happen If The Seller Fails Complying With Smoke Alarm Legislation? 

Failing to have compliant smoke alarms installations in place, is the offence, even if informed to the buyer. Added to it, failing to comply with the smoke alarm legislation could lead to fines, penalties and voiding of insurance. Hence, no second option to ensure the home is compliant with the smoke alarm legislation at the time of selling.

Here are the Smoke Alarm Requirements for Compliance When Selling A Home in 2024

To be in compliance with the new legislation, it is essential for installing smoke alarms on the premises:

  • In each bedroom
  • On each floor  
  • If the house has no bedrooms on a floor, then at least one smoke alarm should be installed in the commonly used travelling path to exit the home easily.
  • In case when the hallway is absent, then compliant smoke alarms should be installed between the bedroom and other floor parts.

Smoke Alarm Should Also Be : 

  • Photoelectric without an ionization sensor
  • Hardwired into the mains power supply, in case, it is hardwired currently.
  • Else, smoke alarms might be either hardwired or non-removable battery powered covering 10 10-year guarantee or a combination of both.

When interconnected with all other smoke alarms in the home, then with one being activated it means, they are all:

  • Complying with the Australian Standards
  • Below 10 years
  • Working on being tested

What Are the Landlord’s Responsibilities For Smoke Alarm Compliance?

Landlords have the responsibility to ensure their rental properties are complying with the Smoke Alarm Legislation. They have to test and clean all the smoke alarms and then start a new tenancy or renew the existing tenancy. It is mandatory every 12 months, or else when the lease is greater than 12 months. The tenant has the responsibility to clean and test the smoke alarms after one year to send alerts to the agent property manager or real estate agent about the issues, if any.

What Should The Buyers Look Out For With Smoke Alarm Compliance? 

A rational, responsible buyer should ensure the property he/she is purchasing is in compliance with the smoke alarm legislation. These are the few things to keep in mind at the time of assessing how compliant the smoke alarm is for the property :

  • Where is the Smoke Alarm Located:

Check where the smoke alarm has been located in the property. As we have mentioned, all bedrooms, hallways connecting bedrooms the remaining dwelling, and the home's entry level should have smoke alarms installed. Smoke alarms should be installed in the right locations and interconnected as necessary.

  • Smoke Alarm Compliance Certificate:

The buyer should mandatorily provide a Smoke Alarm Compliance certificate confirming the smoke alarms have been correctly installed and are complying with the needed legislation. They should review the certificate to ensure it contains all the necessary details like the smoke alarm type, location, installation date, and the installer's name and number. Maybe you did not receive this when you signed the Contract of Sale, then definitely ask your Conveyancer to send a request for a copy from the sellers.

  • Smoke Alarm Maintenance

The buyers have to confirm with the sellers about the smoke alarm maintenance. At least once a month, the smoke alarms should be tested to ensure they are in perfect working order. Replacing the batteries once a month is mandatory according to the manufacturer's instructions. Buyers should ensure the smoke alarms are maintained and are in perfect working condition.

At the time of purchasing, it is very important to make sure the smoke alarms have been installed by complying with the legislation. Holding a smoke alarm-compliant certificate is a must. Even the smoke alarms should be well-maintained and in good working condition. In fact, with regards to smoke alarm legislation, both sellers and buyers have to be cautious for safety and compliance.

 

Give your comment here

Contact Us Now