When selling a property in Queensland, ensuring compliance with smoke alarm regulations is essential. Recent changes to the law have made it mandatory for homes to be equipped with specific types of smoke alarms before they can be sold. These requirements are designed to enhance safety for residents and must be met to avoid potential penalties or adjustments during the settlement process. Understanding and adhering to these regulations is crucial for both Sellers and Buyers to ensure a smooth transaction.
A failure to install and maintain compliant smoke alarms in a dwelling is an offence under the Fire and Emergency Services Act 1990 (Qld).
Under recent Queensland Fire and Emergency Services legislation, from 1 January 2022 all homes being sold will require hardwired photoelectric, interconnected smoke alarms. Non-removable 10-year battery smoke alarms can be installed in place. The legislation requires smoke alarms must be installed in the following locations:
Under the REIQ standard terms, Buyers are entitled to carry out an inspection for smoke alarms installed in the Property and, if the Seller has not complied with requirements to install compliant smoke alarms in the Property by the Settlement Date, Buyers are entitled to an adjustment at settlement equal to 0.15% of the Purchase Price. If the adjustment is not claimed before settlement, Buyers will not be able to make any claim against the Seller in relation to the failure to install compliant smoke alarms.
Under the ADL standard terms, the Buyer is entitled to carry out an inspection for smoke alarms installed in the Property and, if the Seller has not complied with requirements to install compliant smoke alarms in the Property by the Settlement Date, the Buyer is entitled to an adjustment at settlement at a sum agreed by both parties or if parties are unable to agree, the Buyer may obtain a quote for the installation, and a sum equivalent to the amount quoted will be adjusted at Settlement.
If the adjustment is not claimed before settlement, the Buyer will not be able to make any claim against the Seller in relation to the Seller's failure to install compliant smoke alarms.
Disclaimer: Every property transaction is different, and the information provided may not be relevant to your circumstances. By using this site you agree that the information provided is for general purposes only and does not constitute legal, financial, or professional advice.
