November 11, 2022
The Smoke and Carbon Monoxide Alarm (England) Regulations are changing. The regulations, originally enforced in 2015, will be amended from 1 October 2022 and will apply to both private and social rental properties.
What are the new rules for smoke and carbon monoxide alarm regulations?
From 1 October, both private and social rentals must have at least one working smoke alarm on each storey where there is a room used as living accommodation. This has been a legal requirement for private rental properties since the first regulations in 2015, but will now apply to social housing as well.
There must be a carbon monoxide alarm in any room used as living accommodation. This is any appliance that uses fuel to generate heat, but excludes gas cookers.
Perhaps the biggest change for landlords is that they will be responsible for repairing or replacing any smoke and carbon monoxide alarms once they are informed by their tenants. Before the amended regulations, landlords are currently responsible for installing and testing the alarm at the start of the tenancy – but it is the tenant’s default responsibility to repair or replace it during the tenancy.
What type of alarm do I need for the smoke and carbon monoxide rules?
There is no specific alarm type mentioned in the regulations for either smoke or carbon monoxide alarms.
Alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option. Heat detectors shouldn’t be used a replacement for smoke alarms.
Landlords should consider their tenant’s individual circumstances when choosing the best alarm. For example, if residents are deaf or hard of hearing. Alarms which alert by vibration or flashing lights (instead of sound) would be more suitable.
Where should smoke and carbon monoxide alarms be located?
At least one smoke alarm should be on every story which is used as living accommodation. The regulations do not stipulate where exactly you should place them, but they are generally fixed to the ceiling in a circulation space, i.e. a hall or a landing.
Landlords should consider their tenant’s individual circumstances when choosing the best alarm. For example, if residents are deaf or hard of hearing. Alarms which alert by vibration or flashing lights (instead of sound) would be more suitable.
There is no stipulation for carbon monoxide alarms other than ensuring they are in every room which is used as living accommodation containing a fixed combustion appliance (excluding gas cookers).
Carbon monoxide alarms should be at head height position. Either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide. Individual manufacturer’s instructions should be taken into consideration when installing any alarm.
How can landlords prove compliance?
Landlords should keep a record when installing, testing and repairing all alarms. If queried, the local housing authority will decide whether the evidence proves that the landlord met the requirements.
Carrying out an inventory on the first day of the tenancy is a good way to keep a record. The landlord – or the inventory clerk – can note that alarms have been tested and are working, then the tenant can sign the inventory to confirm it’s correct.
What other safety responsibilities do landlords have?
It is only a small part of a landlord’s safety responsibility to add a smoke detector and carbon monoxide detector. They must also ensure their property has the following:
- Annual gas safety check and record
- Electrical check and EICR every five years
- Valid energy performance certificate