If you are buying a property in Queensland, smoke alarm compliance is one of the checks that directly affects your settlement figures. The law makes it mandatory for homes to be equipped with specific types of smoke alarms before they can be sold. These requirements are designed to enhance safety for residents and must be met to avoid potential penalties or adjustments during the settlement process. Understanding these regulations helps both buyers and sellers ensure a smooth transaction.
Compliance and remedy at a glance
| Requirement / scenario | The rule | What it means for you |
|---|---|---|
| Type of alarm | Photoelectric, interconnected alarms compliant with Australian Standard AS 3786:2014 | When one sounds, they all sound |
| Power | Hardwired 240V, or a non-removable 10-year battery | Either is acceptable |
| Where they go | On every storey (every level of the home), in every bedroom, and in connecting hallways or the most likely path of travel to an exit | Missing any required location is non-compliant |
| Before settlement | The buyer can inspect for compliance | Check the alarms are installed and working |
| Non-compliant at settlement (REIQ terms) | A 0.15% purchase-price adjustment. This is the buyer's only remedy, not a right to terminate or delay settlement | Claim it at settlement (worked example: $1,200 on an $800,000 purchase) |
| After settlement | The right to claim lapses | Claim before settlement or you lose it |
What are the consequences of not installing compliant smoke alarms in Queensland?
A failure to install and maintain compliant smoke alarms in a dwelling is an offence under the Fire Services Act 1990 (Qld) (formerly the Fire and Emergency Services Act 1990).
What smoke alarms does a Queensland home being sold need, and where do they go?
Under Queensland's smoke alarm laws (administered by the Queensland Fire Department), from 1 January 2022 all homes being sold must have photoelectric, interconnected smoke alarms that comply with Australian Standard AS 3786:2014, and from 1 January 2027 the rules extend to all remaining homes. They can be hardwired to 240V mains power or powered by a non-removable 10-year battery. The legislation requires smoke alarms to be installed in the following locations:
- On every storey, so on every level of the home
- In every bedroom
- In hallways that connect bedrooms and the rest of the dwelling, or 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.
What are the Buyer's rights if a Seller hasn't installed compliant smoke alarms under REIQ standard terms?
Under the REIQ standard terms, Buyers are entitled to carry out an inspection for smoke alarms installed in the Property and, if the Seller has not complied with requirements to install compliant smoke alarms in the Property by the Settlement Date, Buyers are entitled to an adjustment at settlement equal to 0.15% of the Purchase Price. This adjustment is the buyer's sole remedy for non-compliant alarms: it does not give the buyer a right to terminate the contract, or to refuse or delay settlement. If the adjustment is not claimed before settlement, Buyers will not be able to make any claim against the Seller in relation to the failure to install compliant smoke alarms.
As a worked example, on an $800,000 purchase price a 0.15% adjustment equals a $1,200 reduction at settlement.
What are the Buyer's rights regarding smoke alarm compliance under ADL standard terms?
Under the ADL standard terms, the Buyer is entitled to carry out an inspection for smoke alarms installed in the Property and, if the Seller has not complied with requirements to install compliant smoke alarms in the Property by the Settlement Date, the Buyer is entitled to an adjustment at settlement at a sum agreed by both parties or if parties are unable to agree, the Buyer may obtain a quote for the installation, and a sum equivalent to the amount quoted will be adjusted at Settlement.
If the adjustment is not claimed before settlement, the Buyer will not be able to make any claim against the Seller in relation to the Seller's failure to install compliant smoke alarms.
Do you also need to check the electrical safety switch?
Smoke alarms are not the only safety item to check before you settle. When a home is sold in Queensland, the seller must state on the standard sales contract, and on the Form 24 property transfer, whether an approved safety switch is installed for the power-point (general purpose socket) circuits. This is a disclosure obligation, and it works differently from the smoke-alarm remedy: it tells you what is installed, rather than entitling you to a settlement adjustment. If the property does not have a safety switch on the power-point circuits, the buyer must install one within 3 months of transfer. Read the contract disclosure and confirm what is fitted before settlement.
Smoke alarm checks are one part of your pre-settlement due diligence. If you are buying at auction in Queensland, there is no cooling-off period, so confirm compliance beforehand, and read up on dealing with adverse search results for the other checks that matter before settlement.
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.
