If you’re selling residential property in Queensland, it’s critical to understand your obligations regarding smoke alarm compliance. Non-compliance doesn’t just risk safety—it can result in financial penalties and delays in settlement.
What the Law Requires
Under the Fire and Emergency Services Act 1990 (Qld) and the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld), sellers must ensure the property is fitted with smoke alarms that meet strict standards. These laws are designed to improve fire safety across Queensland homes and apply to contracts entered into from 1 January 2022.
To comply, smoke alarms must:
- Be photoelectric (AS 3786–2014);
- Not contain an ionisation sensor;
- Be hardwired to the electricity supply or powered by a non-removable 10-year battery;
- Be interconnected with every other smoke alarm in the dwelling;
- Be installed on each storey, in:
- each bedroom,
- hallways which connect bedrooms to the rest of the dwelling,
- and if there is no hallway, between the bedrooms and other parts of the storey;
- and in dwellings without bedrooms on a storey – at least one smoke alarm in the most likely path of exit.
These requirements are set out in section 104RBA of the Fire and Emergency Services Act 1990 (Qld).
Your Contractual Obligations When Selling
Under section 7.8 of the REIQ Contract for Houses and Residential Land (19th ed), sellers are required to warrant that the property will comply with smoke alarm laws at settlement. This means:
- If your smoke alarms do not comply, and
- You fail to give the buyer a Form 24 Smoke Alarm Compliance Declaration at settlement,
then the buyer is entitled to claim 0.15% of the purchase price as a penalty. On a $500,000 home, that’s $750.
This penalty is enforceable even if the buyer chooses to proceed with the settlement.
There is a further legislative requirement on sellers to make this disclosure (about whether or not there are smoke alarms installed) under section 148I of the Fire Services Act 1990. Failure to notify the buyer prior to settlement appropriately may lead to an additional government penalty equal to 5 penalty units (at time of writing, this equates to about $806.50.
The Smoke Alarm Compliance Declaration (Form 24)
At settlement, you must also complete the Form 24 (Property Transfer), which is lodged with Titles Queensland (your solicitor will usually do this on your behalf). This form requires the seller to declare whether the property is compliant with current smoke alarm laws. A false or incorrect declaration may not only expose you to the 0.15% penalty but may also have insurance or liability implications for you if there is a later fire.
Don’t Rely on Old Alarms
Many homes still contain older smoke alarms that were compliant when installed but do not meet the current standards. For example, alarms installed before 2017 that are not photoelectric or interconnected do not comply. Battery-powered alarms installed years ago may also be due for replacement even if they’re working.
Even if a property is tenanted and was compliant under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), it may still fail the seller’s obligations under the property sale contract.
Upgrading Takes Time – Plan Ahead
Obtaining compliant alarms and having them installed by a licensed electrician can take time. If you’re preparing your property for sale, you should:
- Check your current alarms – Are they photoelectric? Are they interconnected? Are they correctly located?
- Engage a professional if you’re unsure – Many electricians offer fixed-price smoke alarm upgrade packages.
- Retain evidence – Keep records of any upgrade work and the compliance certificate from your installer.
Need Help?
If you’re unsure whether your property complies or you’re preparing a contract for sale, our property team at Swanwick Murray Roche can assist. We’ll help you avoid costly mistakes and ensure a smooth settlement. The above is general guidance only and not legal advice. Do not rely on anything in this article for advice, instead – please contact us for legal advice.
Contact us today for tailored advice and assistance.
