When selling a property in Queensland, ensuring compliance with smoke alarm regulations is essential. Recent changes to the law have made 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 and adhering to these regulations is crucial for both Sellers and Buyers to 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 | When one sounds, they all sound |
| Power | Hardwired, or a non-removable 10-year battery | Either is acceptable |
| Where they go | On each storey, in every bedroom, and in 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 — not a right to terminate | Claim it at settlement (e.g. $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 and Emergency Services Act 1990 (Qld).
What are the smoke alarm requirements for homes being sold in Queensland?
Under recent Queensland Fire and Emergency Services legislation, from 1 January 2022 all homes being sold will require hardwired photo electric, interconnected smoke alarms. Non-removable 10-year battery smoke alarms can be installed in place. The legislation requires smoke alarms must be installed in the following locations:
- On each storey
- In each bedroom
- 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. 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.
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.