Legislation
Know your legal obligations
Smoke Alarm Current legislation (from 23 March 2020)
Installation:
Owner must ensure smoke alarms are installed in accordance with the Environmental Planning and Assessment Act and Regulations*
Maintenance:
Landlord must ensure all smoke alarms are tested annually
For battery smoke alarms, the landlord is responsible for replacing batteries in the period specified by the manufacturer, otherwise annually
Landlord is responsible for replacing new smoke alarms within 10 years from the manufacture date or earlier if specified by manufacturer
Landlord must arrange the repair/replacement of a non-working smoke alarm within 2 business days of becoming aware
Tenant may replace removeable batteries if they follow the notification protocol outlined in the Regulations
If the landlord becomes aware a battery needs replacing and the tenant does not replace it within 2 business days the landlord (or an authorised person) must replace it within 2 business days of becoming aware
More information can be found in the Residential Tenancies Regulation 2019
Interconnection:
Smoke alarms must be mains powered and interconnected¹ where the dwelling was constructed after 1 May 2014 and there is more than one alarm in the property
*Specifications for smoke alarm installation (previous and current)
¹ In NSW, it is the Environmental Planning and Assessment Act 1979 (NSW) ("EPA Act”) that requires adherence to the BCA Volume 2 2014. Both the EPA Act (s 6.10) and the associated Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (r 19, r 22(1)(b), r 22(1)(c)) (“EPA Regulation”) require that properties comply with the BCA at the time the application for the construction certificate was made.
Previous legislation (to 22 March 2020) The guidelines below reflect current legislative requirements.
As per guidelines published by the NSW Department of Planning and Environment, for any type of sleeping accommodation, landlords must:
Have at least one working smoke alarm on every level of the building, with extra specifications regarding smoke alarms in and near bedrooms
Prohibit people from removing or interfering with the smoke alarms
As per the EPA and the New South Wales Fire Brigade guidelines, smoke alarms installed after 1 May 2006 must be functioning and comply with Australian Standards AS 3786 or be listed with the Scientific Services laboratory.
The EPA regulations provide that functioning smoke alarms installed in a class 1a or class 2 building, a relocatable home or a class 4 part of a building before 1 May 2006 are taken to comply until such time as the alarm is removed or ceases to function.
Residential homes constructed after 1 May 2014 and where there is more than one alarm in the property require mains powered and interconnected smoke alarms.
Under the new legislation, a penalty will apply for landlords who fail to comply from 23 March 2020.
Corded Blinds Current legislation
Due to the potential strangulation hazard, landlords are required to ensure that all corded window coverings are properly fitted and maintained in accordance with complex safety standards.
Don’t assume blinds have been correctly installed. A 2016 survey of display homes conducted by the ACCC found that only 10% of the homes would be compliant if they were sold with the window coverings as installed. [1] It’s crucial that window coverings are fitted and checked by a compliance expert.
Landlords are legally obliged to keep properties safe for habitation and hazard-free. This includes maintaining the compliance of all corded window fittings in accordance with the Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014.
Agents may be contractually responsible for informing landlords of their responsibilities and ensuring that corded window coverings are correctly fitted and regularly maintained in accordance with this safety standard.
The Safety Standard 2014 states that:
A corded window covering must be installed in accordance with the safety instructions on the packaging.
No part of a cord guide or a loose cord may hang lower than 1600mm above floor level, unless the cord guide will remain firmly attached to the wall when a tension force of 70N is applied for 10 seconds in any direction, and the loose cord is secured to prevent the formation of a loop 220mm or longer.
The person responsible for installing the window covering must attach a label with their name and contact details; any warning labels/swing tags provided with the window covering must remain attached to the cord.
For more detailed information see the Safety Standard 2014.
In addition, the packaging, labelling and supply of corded window coverings is regulated by the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010.
Detector Inspector’s annual corded blinds service will ensure that all mandatory requirements are met in accordance with the Safety Standard 2014 and relevant state-based legislation.
Ask Detector Inspector about our Corded Blinds Safety & Compliance service today.
1https://www.accc.gov.au/media-release/accc-warns-of-dangers-of-loose-blind-and-curtain-cords
Safety Switch Current Legislation
In NSW local authorities recommend that safety switches are tested every three months to ensure they are working.
Safety switches have been required on all new powerpoint circuits installed since 1991 and on all new light circuits installed since 2000.
It’s not a legal requirement to install safety switches on older circuits, but for safety reasons their use is strongly recommended by NSW Fair Trading.
At the start of every new tenancy, both the agent/landlord and the tenant must indicate on the entry condition report whether the safety switch is working; the only way to confirm this is by testing it.
If a safety switch is found to be faulty or is detecting an electrical fault at any point during a tenancy, this is considered an urgent repair.
Under NSW law, any electrical installation work must be done by a licensed electrician, and the electrician is required to provide a uniquely numbered Certificate of Compliance Electrical Work (CCEW).
Water Efficiency Current legislation
In New South Wales, landlords are only allowed to charge tenants for water used at a rental premises if the premises are individually metered (or water is delivered by vehicle) and if the property meets prescribed water efficiency standards.
Minimum standards for water efficiency are set out by Fair Trading NSW:
No leaking taps or toilets anywhere on the property
Internal cold water taps and single mixer taps for kitchen sinks and bathroom basins* must have a maximum flow rate of 9 litres per minute.
Shower heads must have a maximum flow rate of 9 litres per minute.
From 23 March 2025, all toilets must be dual flush and have a minimum 3-star WELS rating.
*The standard for internal cold water taps and single mixer taps only applies to kitchen and bathroom sinks. Other taps such as those over the bath, laundry tubs, outside taps and taps to washing machines and dishwashers do not need to meet water efficiency standards.
Proving water efficiency:
Water efficiency measures should be stated on the entry condition report.
Tenants have the right to ask landlords for evidence of water efficiency.
This might include documentation for individual devices such as receipts, packaging, warranties, instruction manuals, plumbing reports or a water efficiency certificate for the whole property issued by a compliance service provider.
Maintaining water efficiency:
If shower heads or taps need to be replaced they must be replaced with devices that meet the water efficiency standards, if the landlord is to continue passing on water usage charges to the tenant.
When a toilet needs to be replaced it should be replaced with a dual flush toilet with a minimum 3-star WELS rating in order to meet the water efficiency requirements coming into effect on 23 March 2025.
There are to be no leaking taps or toilets anywhere on the property when a new tenancy agreement starts. It should also be checked that there are no leaking taps or toilets every time other water efficiency measures are installed, repaired or upgraded.
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