Ensuring the safety of occupants within residential properties is paramount, and this is underscored by legal requirements mandating both smoke and carbon monoxide alarms in properties. These regulations aim to provide early warnings of fire and the silent, deadly threat of carbon monoxide poisoning, thereby significantly increasing the chances of escape and survival.
It's important to know specific regulations concerning smoke and carbon monoxide alarms in rented properties inside out. Understanding the requirements for installation, the responsibilities of landlords and tenants, and the potential consequences of non-compliance are all a part of this.
What are England’s smoke and carbon monoxide regulations?
Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, all residential rented properties must have:
- 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 burning appliance, such as a coal fire or wood burner.
Landlords who do not comply with the law can be subject to a local authority penalty charge of up to £5,000.
Installation
Any alarms installed should be compliant with British Standards BS 5839-6, according to Government guidance. However, the regulations do not state the type that’s required, so alarms can be battery-powered or wired in.
Carbon monoxide alarms must be installed in any room containing a fixed combustion appliance. These include boilers, warm air heaters, water heaters, fires, and stoves, but excludes gas cookers.
In practice, this means the vast majority of rental properties require a carbon monoxide alarm unless they use fully electric heating.
Since 2015, it has been a legal requirement for at least one smoke alarm to be installed on each storey of the property where a room is used as living accommodation. Smoke alarms should be fitted in any room where a fire can start—a broad way of saying any room where appliances are left plugged in, leading to possible overheating and fire risk. A single smoke alarm in a property is never enough. They should not be put in kitchens or bathrooms as the steam from the shower or a pot on the boil could trigger it by accident. For a kitchen, a heat alarm is more appropriate as they detect rapid rises in heat rather than smoke, which is commonplace in a kitchen.
Follow the individual manufacturer’s instructions when installing a smoke alarm. In general, smoke alarms should be fitted on a ceiling or high up on a wall in a circulation space, such as a hall or landing.
Any alarms bought for a property should be marked with a current British Standards or European (CE) safety mark. If it has one of these, it means it has been approved and is safe to use.
Testing
Each alarm must have been tested and be in working order on the day a new tenancy begins. Following on from that, it is the tenant’s responsibility to ensure smoke and carbon monoxide alarms are working correctly by testing them regularly and reporting any issues.
One reason an alarm might not go off in the event of a fire is if the battery has run out and not been replaced, or it could be that the alarm's sensors have been affected by a build-up of dust. Smoke and carbon monoxide alarm batteries need to be replaced every seven to 10 years. After this, an alarm's detection sensors begin to deteriorate.
Maintenance
Property managers must repair or replace faulty alarms as soon as reasonably practicable after being notified of a problem.
It is good practice to have contractors test and repair alarms when carrying out compliance checks. Contractors who carry out gas safety inspections or EICRs could be asked to test the alarms when they visit and repair or replace them up to a certain value. A written record should be kept that states when alarms were checked and found to be in working order.
Final thoughts
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 establish clear legal obligations for landlords of residential rented properties to install and maintain working smoke alarms on every storey and carbon monoxide alarms in rooms with solid fuel-burning appliances. These measures are crucial for safeguarding lives and underscore the legal and ethical responsibility of landlords to provide safe living environments for their tenants.
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