Extended regulations for smoke and carbon monoxide alarms in England, from 1 October 2022
The government has published new guidance for landlords, agents, and tenants on the extended regulations on carbon monoxide and smoke alarms, which will come into force on 1 October 2022 in England.
What changes under The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022?
A review of the regulations in 2018 found that the existing regulations for the private sector had “a positive impact on the number of alarms installed” and suggested the regulations should be expanded to cover both the private and social rented sectors.
The new regulations amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, to extend some of the rules currently in place, and ensure that they also apply to social housing providers.
The amendment will only apply in England, however, similar requirements will come into force in Wales on 1 December 2022 under the Renting Homes (Wales) Act 2016.
What will landlords and agents need to do?
From 1 October in England, landlords will need to:
Ensure at least one smoke alarm is installed on each storey where there's a room used as living accommodation - already a legal requirement in the private sector, but now extended to the social housing sector too.
Ensure a carbon monoxide alarm is installed in any room classed as "living accommodation" with a fixed combustion appliance, excluding gas cookers.
Repair or replace any faulty smoke or carbon monoxide alarms if a tenant informs the landlord or agent that there's an issue.
Landlords and agents are also advised to consider these regulations alongside other relevant safety laws, such as the Housing Act 2004, the Fire Safety Act 2021 and the Building Safety Act 2022.
Is there a grace period for installation after the regulations commence?
All landlords (whether social or private) have time between when the amendment regulations became law on 27 June 2022 and when they come into force on 1 October 2022.
Landlords must comply with the new requirements from 1 October 2022.
What type of alarm will need to be installed?
Smoke alarms should comply with British Standards BS 5839-6, while carbon monoxide alarms should comply with British Standards BS 50291. It's not stated in the regulations that alarms need to be hardwired into the building. Landlords and agents are advised to use alarms with "sealed for life" batteries rather than alarms with replaceable batteries, where possible.
A responsibility for the Landlord?
In short yes, landlords and agents will need to ensure that the alarms are checked and are in full working order on the "day the tenancy begins if it is a new tenancy." Checking them at the inventory stage might be one solution. The landlord or agent will need to keep proof of this check.
Tenants are advised to replace batteries where necessary, however, should the alarm not work then they should contact their landlord or agent in the first instance.
Where should the alarms be located?
The guidance highlights that the regulations don't state where the alarms should be installed. However, it outlines that, "in general", smoke alarms should be "fixed to the ceiling in a circulation space", such as halls or landings. Similarly, it advises that carbon monoxide alarms should be "positioned at head height, either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide".
Is a Heat Detector a suitable replacement?
No. Heat detectors are not a replacement for smoke alarms.
Do the regulations apply to HMOs (House in Multiple Occupation)?
The regulations apply to unlicensed HMOs. Licensed HMOs are exempt from Parts 1 to 5 of the regulations but only because the regulations also amend the HMO licensing obligations in the Housing Act 2004 so as to impose similar requirements.
What's the penalty for non-compliance?
Local authorities will be given the authority to enforce these regulations, with fines of up to £5,000 for any landlords that don't comply with a remedial notice.
What does the Government define as "living accommodation"?
The government defines a room as living accommodation if its primary purpose is living, or if it's a room in which a person spends a significant amount of time.
What's a "fixed combustion device"?
The guidance defines a fixed combustion device as “a fixed apparatus where fuel of any type is burned to generate heat”. Typically, these appliances are powered by gas, oil, coal, wood, etc., for example, gas or oil boilers, or log-burning stoves, however “a non-functioning purely decorative fireplace would not constitute a fixed combustion appliance.”
Disclaimer
The above information provides information about the requirements, who they apply to, and how they are enforced. It is designed as a Q&A to cover the most common situations but it is not intended to cover every scenario, nor should it be seen as a substitute for reading the Smoke and Carbon Monoxide Alarm (England) Regulations 2022.
