Strata managed internal smoke alarms misconception explained

Many landlords have a common misconception about their compliance obligations in regard to smoke alarms. Some assume their strata will cover their safety and compliance requirements under the Residential Tenancies Act (RTA), but this is rarely the case.

While strata companies conduct annual fire safety checks, they are not required to adhere to the RTA regulations which landlords and agencies are required to follow.

Relying solely on strata annual fire safety checks could result in non-compliance with the RTA and Fair Trading obligations, exposing tenants to a serious safety risk.

In March of 2023, The Real Estate Institute of New South Wales (REINSW) released a statement stating that NSW Fair Trading is conducting compliance audits across the state. Landlords and managing agents who fail these audits are liable to fines of $2200 per property on top of cancellation of agents’ licenses.

It is essential to understand that most strata annual fire safety checks DO NOT meet the following requirements under the RTA:

• Annually replace removable batteries in all smoke alarms.
   
• Replace a smoke alarm with a new smoke alarm within 10 years from the manufacture date or earlier if specified.
• Attend to faulty alarms within two business days of becoming aware of a problem.

It is, therefore, the responsibility of the landlord to comply with the mandatory requirements from the RTA, ensuring the annual battery change and maintenance for internal smoke alarms in their property (unless they have written confirmation from the Owners Corporation to the contrary).

If you have any further questions or would like to learn more about how Detector Inspector can help inform your landlords and to manage RTA compliance obligations, please reach out.

Source - Director Inspector.