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Selling Your Home - Smoke Alarm Updates

Selling Queensland Your Property

Don’t get caught failing to comply with the new Qld smoke alarm laws or it will cost you .15% of your sale contract!

2022 Smoke Alarm Compliance

Important information when selling a Queensland dwelling

From 1 January 2022, dwellings or residential units offered for sale must have smoke alarms installed in accordance with the Fire and Emergency Services Act 1990 and Building Fire Safety Regulations 2008. Clause 7.8 of the REIQ residential contract imposes a contractual obligation on the seller to install smoke alarms complying with these new requirements in any dwelling on the Land or a Lot prior to settlement.

If smoke alarms are not installed the buyer will be entitled to an adjustment on the price payable at settlement of 0.15% of the purchase price.

The buyer will need to claim this adjustment prior to settlement. There is no right to terminate or claim damages for a breach of Clause 7. A right to access the property with notice to inspect the smoke alarms has been added to clause 8.2.

Selling a Queensland Dwelling From 1 January 2022

• Existing smoke alarms manufactured more than 10 years ago must be replaced with photoelectric smoke alarms which comply with Australian Standards (AS) 3786-2014. (Note: the date should be stamped on the back)

• Smoke alarms that do not operate when tested must be replaced immediately.

• Existing hardwired smoke alarms that need replacement, must be replaced with a hardwired photoelectric smoke alarm.

 

Smoke Alarm House Placement 2022

To get everyone out safely during a house fire, it is essential to also have a well-practised fire escape plan.

Property sellers must continue to lodge a Form 24 stating the requirements of the legislation have been met. See New Smoke Alarm Legislation for more details.

Smoke Alarm House Placement 2022

From 1 January 2022

  •  All homes or units being sold will require hardwired photoelectric, interconnected smoke alarms. Non-removable 10-year battery smoke alarms can be installed in place.
  •  Smoke alarms in the dwelling must:
    •  be photoelectric (AS3786-2014); and
    •  not also contain an ionisation sensor; and
    •  Be hardwired to the mains power supply, if currently hardwired. Otherwise, smoke alarms can be either hardwired or powered by a non removable 10 yr battery or a combination of both.
  •  be interconnected with every other smoke alarm in the dwelling so all activate together.
  •  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.
  •  The obligations on property sellers are triggered by the date the initial sale contract is signed.
  • When a contract of sale is signed after the 31/12/21, the seller is obligated to upgrade the dwelling to the updated interconnected domestic smoke alarm standard prior to the dwelling being transferred.
  • The property seller must declare on a “form 24” to the buyer as part of the transfer process that this obligation has been discharged.
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