The Law and Smoke & Carbon Monoxide Alarms
Here are some questions that I have been asked about the Smoke and Carbon Monoxide Alarm Regulations 2022
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on 1 October 2022. From that date, all relevant landlords must:
1. Ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation that contains a fixed combustion appliance (excluding gas cookers).
3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
The requirements are enforced by local authorities who can impose a fine of up to £5,000 if a landlord fails to comply with a remedial notice.
This booklet provides information about the requirements, who they apply to, and how they are enforced. It is designed as a Q&A to cover the most common situations but it is not intended to cover every scenario, nor should it be seen as a substitute for reading the Smoke and Carbon Monoxide Alarm (England) Regulations 2022.
These regulations should be considered alongside other relevant laws on fire and carbon monoxide safety in rented homes such as the Housing Act 2004, the Fire Safety Act 2021, and the Building Safety Act 2022.
It is the department’s intention to ensure this booklet is updated whenever there are changes, but it is the landlord’s responsibility to ensure that they are applying the relevant laws correctly.
If, after reading this booklet, you are not clear whether or how the requirements apply to your individual circumstances you should seek legal advice.
Frequently asked questions
What type of smoke alarm is required?
The regulations do not stipulate the type of alarms (such as mains powered (‘hard-wired’) or battery powered) that should be installed.
We recommend that landlords choose the type of smoke alarms based on the needs of their building and their tenants and that those alarms are compliant with British Standards BS 5839-6. Where battery-powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.
What type of carbon monoxide alarm is required?
The regulations do not stipulate the type of alarms (such as mains powered (‘hard wired’) or battery powered) that should be installed.
Landlords should make an informed decision and choose the type of carbon monoxide alarms based on the needs of their building and their tenants, and those alarms are compliant with British Standards BS 50291. Where battery-powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.
Where do smoke alarms need to be located?
The regulations do not stipulate where the alarms should be placed.
At least one smoke alarm should be installed on every storey which is used as living accommodation.
Landlords should follow the individual manufacturer’s instructions when installing the alarms. However, in general, smoke alarms should be fixed to the ceiling in a circulation space, i.e. a hall or a landing.
Your local fire and rescue authority may be able to provide further advice on installation or you can download fire safety information from www.gov.uk/firekills
Where do carbon monoxide alarms need to be located?
The regulations do not stipulate where the alarms should be placed.
A carbon monoxide alarm should be installed in every room which is used as living accommodation containing a fixed combustion appliance (excluding gas cookers).
Landlords should follow the individual manufacturer’s instructions when installing the alarms. However, in general, carbon monoxide alarms should be positioned at head height, either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide.
Your local fire and rescue authority may be able to provide further advice on installation or you can download fire safety information from www.gov.uk/firekills.
Does replacing a battery count as a repair? Who is responsible for changing the batteries?
Landlords will be responsible for repairing or replacing any faulty alarms.
If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries.
If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to the relevant landlord.
How should a tenant test their alarms to check they are in working order?
Testing of smoke alarms and carbon monoxide alarms does not require specialist skills or knowledge and should be straightforward for tenants to do.
Landlords should consider providing residents with a demonstration and/or instructions to support residents understanding of how, and how often, to test their smoke alarms and make sure they are in working order. Landlords should follow the individual manufacturer’s instructions for testing alarms and consider sharing these instructions with tenants to support regular testing.
What should tenants do if they find their alarm isn’t working?
If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries.
If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to the relevant landlord.