Smoke and Carbon Monoxide Alarm Legislation Changes

1st October 2022

Smoke and Carbon Monoxide alarms are changing depending on where you own a rental property. Depending on area the legislation may change, here we break down the changes of each legislation in the different nations.

What is the legislation in England?

All residential lettings properties in England must comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, these regulations are coming into effect from 1st October 2022.

The requirements are:

• A smoke alarm fitted on each storey of the property.
• A carbon monoxide alarm fitted in any room used as living accommodation which contains a solid fuel gas
• Each alarm must have been tested and be in working order on the day a new tenancy begins.

Landlords who do not comply with the law can be subject to a local authority penalty charge of up to £5,000.

Landlords need to make sure that

1. There is a working smoke alarm on every storey of a rental property
2. Install a carbon monoxide in any room with a fixed combustion appliance
3. Best practice is to ensure that alarms are compliant with British Standards BS 5839-6
4. Keep a written check-in record that alarms were checked and working
5. Include smoke and CO alarms on compliance checks
6. Ask contractors to test the alarms when visiting property for gas safety checks.

Read more here.

What’s the legislation in Wales?

Under the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, which will come into force on 1 December 2022, smoke alarms and carbon monoxide alarms are changing. 

The requirements are:

• A smoke alarm must be fitted on each storey of the property
• Each smoke alarm must be in working order
• Smoke alarms must be connected to the properties electrical supply
• Smoke alarms must be interlinked with other smoke alarms in the property
• A carbon monoxide alarm is require in every room which contain a solid fuel appliance

The carbon monoxide alarm requirements come into place with no grace period and must be fitted by 1st December 2022, there is a grace period for the smoke alarms and other parts of the legislation. 

Read more here

What’s the legislation in Scotland?

The Scottish legislation on this topic took effect from 1st February 2022 and stresses the importance of interlinked alarms.

There requirements are: 

• 1 smoke alarm in the room you spend most of the day, usually your living room
• 1 smoke alarm in every circulation space on each storey, such as hallways and landings
• 1 heat alarm in the kitchen
• One carbon monoxide alarm in any room with a carbon-fuelled appliance (boiler, fire, heater or flue)
• Every smoke and heat alarm must be mounted on the ceiling and interlinked
•  Open plan areas that include a kitchen area should have a heat alarm rather than a smoke alarm.

Read more here.

What’s the legislation in Northern Ireland?

In Northern Ireland, their legislation differs in that it is based on when a fossil fuel appliance was installed at the property. There is also The Private Tenancies Act (Northern Ireland) 2022 to take into consideration, but do not yet have a date set for their implementation.

The requirements currently in place are:

• Every house where a new fossil fuel appliance has been installed since 2012 must have a carbon monoxide alarm
• A smoke alarm is only required if a property is an HMO (House in Multiple Occupation). 

The requirements being brought in under the new legislation are:

• Private tenancies must have sufficient fire, smoke alarms and carbon monoxide alarms

Read more here.

If you are a landlord with a property in any of these regions your legislation will be changing and you will need to be complying to different rules. If you need to speak to a managing agent regarding these changes please contact us.

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