This is a common question, and the answer depends on what type of smoke alarms you have installed in your property.
1. 240V hardwired alarms installed in your property:
QLD Fire and Emergency Services (QFES) state that 240V hardwired smoke alarms require a Certificate of Testing and Compliance when selling your property. The certificate is provided by a licensed electrician and must certify that the 240V hardwired alarms are electrically safe.
2. Wireless 10-year battery powered alarms (no electrical work)
There is no QLD law that says a smoke alarm compliance certificate must be produced by the seller.
What legislation does stipulate is that the seller must install compliant photoelectric interconnected smoke alarms in all prescribed locations as required by law.
When this is done, the seller must disclose in writing to the buyer that compliant smoke alarms have been installed. This is achieved by completing two legal documents.
– the ‘Form 24’ (QLD Transfer of Title Form)
– the Contract of Sale
The ‘Form 24’ (QLD Transfer of Title Form) – section 5 (g)
The Contract of Sale
The Real Estate Institute of QLD (REIQ) is Queensland’s peak professional body for the real estate industry. Their fact sheet below states that the seller is not required to provide a compliance certificate. However, the buyer is entitled to arrange for an inspection of the smoke alarms (at their own cost).
Should the smoke alarms be deemed non-compliant, the buyer is entitled to an adjustment of 0.15% of the purchase price in their favour (if requested).
For this reason, people who don’t feel confident installing wireless 10-year battery powered smoke alarms may choose to pay a third party service provider to install the smoke alarms, with a ‘compliance certificate’ provided. Or they may arrange for an inspection of their own DIY work, again with a ‘compliance certificate’ provided (noting this is not a legal requirement).
240V hardwired smoke alarms must always be installed by a licensed electrician.
Want to do some further reading? Links to all official sources in this article are provided below:
QLD Fire and Emergency Services website (smoke alarm section – selling and leasing)
QFES state that 240V hardwired interconnected smoke alarms installed by a licensed electrician require a Certificate of Testing and Compliance when selling your property.
QLD Electrical Safety Regulations 2013 (section 227)
Includes detail on what must be included in the Certificate of Testing and Compliance for 240V hardwired smoke alarms.
QLD Fire and Emergency Services Act 1990 (section 104RK)
States that the seller of a property must provide notice in writing to the purchaser that compliant smoke alarms are installed in all prescribed locations.
Building Fire Safety (Domestic Smoke Alarms) Legislation Amendment Regulation 2016
Lists all the prescribed locations for installation of smoke alarms as required by law. It also lists the prescribed ways of powering smoke alarms, and any additional smoke alarm compliance requirements.
Real Estate Institute of QLD (REIQ) contract FAQ fact sheet
REIQ state that the seller does not need to provide a compliance certificate to confirm the smoke alarms installed are compliant.
Provides guidance on who checks smoke alarms during the selling process, and what could happen if smoke alarms are not compliant.
Legal disclaimer: Information contained in this article is general in nature and should not be construed as legal advice. You should always seek the services of a legal professional when selling or purchasing a property.