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Queensland smoke alarm requirements when selling residential property

When selling residential property in Queensland you are required to install smoke alarms throughout the property in compliance with the law. Failing to do so can result in financial penalty to yourself after settlement is completed.

Smoke alarm specifications

As from 2022, smoke alarms in residential properties being sold or leased must have the following:

  • be photoelectric, per Australian Standard 3786-2014;
  • be less than ten years old;
  • not have an ionisation sensor;
  • be in working order when tested; and
  • interconnected with one another.

Broken hardwired smoke alarms must be replaced with hardwired photoelectric smoke alarms.

In accordance with Queensland legislation, smoke alarms must be situated in the following parts of the building:

  • On each storey;
  • In all bedrooms;
  • In hallways that join bedrooms and the rest of the house;

Smoke alarms must still be installed between the bedrooms or other parts of the storey if there is no hallway. Otherwise, at least one smoke alarm must be situated in the most common path of travel to leave the house if there is no bedroom in a storey.

Lastly, smoke alarms should be hardwired or powered by a non-removable 10-year battery (or a combination of both types). Each smoke alarm must have the date of manufacture stamped on the back of it.

Sellers responsibilities

This seller's legal obligation takes effect after the contract date. Under the standard contract, sellers must ensure their properties comply with smoke alarm requirements before settlement. Failure to do so will give the buyer a right to claim 0.15% of the purchase price or the cost of installing the smoke alarms, depending on the contract signed. This obligation can be passed to the buyers by way of a special condition, however you should seek legal advice before you sign the contract if you want to pursue this avenue.

2027 requirements

In 2027, the Queensland smoke alarm legislation will require all types of dwellings (for sale, for lease, renewed lease or newly renovated) to install interconnected smoke alarms in every bedroom, hallway and storey, regardless of whether the property is being sold or leased.

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If you have any concerns about conveyancing including or other than smoke alarm requirements, LEAD Conveyancing will answer your questions.
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