In Queensland it is compulsory for all properties to have compliant smoke alarms installed. The standard contract of sale in Queensland contains a smoke alarm section that the Seller is required to complete prior to the buyer signing the contract, stating whether the property is fitted with smoke alarms.
Obligations of a Seller:
As a seller you are obliged to have these installed in the property, or if they are not currently installed, to ensure this is done prior to settlement. You must disclose whether or not these are installed on the contract, or where this has not occurred, ensure that this disclosure is made by your conveyancing solicitor in their first letter to the buyer.
As a seller you cannot contract out of this obligation and must comply with the minimum smoke alarm requirements. Smoke alarms must be installed at your own cost. If smoke alarms are not installed, or you fail to disclose this to the buyer, you risk a fine of up to $375.00.
Minimum Smoke Alarm Requirements:
For homes built before 1 July 1997 it is a requirement that at least one 9-volt battery operated smoke alarm be installed.
For homes built, or significantly renovated, after 1 July 1997 it is a requirement for at least one 240-volt hard-wired smoke alarm be installed.
Smoke alarms must be installed on the ceiling, or if this is not possible, high up on a wall close to the ceiling. Smoke alarms must be installed in a hallway, or area close to bedrooms. Where the property has more than one storey, a smoke alarm must be installed on each level.
Rights of the Buyer:
When purchasing a property it is vital that you ensure compliant smoke alarms are installed prior to settlement. It is the responsibility of the seller to install these at their own cost.
Prior to signing a contract of sale for the property you should ensure that the Seller has disclosed whether smoke alarms are installed or not on the contract in the relevant section. The seller is not able to contract out of this obligation. If this section has not been completed on the contract ensure your conveyancing solicitor requests this disclosure from the seller in their first letter to the seller’s solicitor.
If the property does not have compliant smoke alarms installed prior to settlement then the legal obligation for their installation will pass to you and you risk a fine of up to $375.00.