NSW: No smoke alarm in my unit: Is installation the owner’s responsibility?

This article discusses smoke alarm owner responsibility by explaining that installing and maintaining a standalone smoke alarm inside a unit is usually the lot owner’s obligation, not strata.

Question: I have purchased a unit and noticed there is no smoke alarm installed inside the apartment. Strata states this is my responsibility. Is this right?

I have purchased a top floor unit in Kogarah, NSW and noticed there is no smoke alarm installed. The unit was in a building built in 1974.

I emailed strata asking them to have a smoke alarm installed and their response was:

“As this is a requirement for within your own lot, you will need to organise to have the smoke alarms installed as soon as possible. Unfortunately, this is not a strata cost and one that you will need to cover.”

What is the requirement they refer to? How did the previous owner get away with not having one if the managing agent conducted annual smoke alarm checks and the owner of my unit was on the owners corporation?

What legislation is required in NSW as to what is needed in a strata title and what is the legal obligation of strata to conduct regular checks?

Answer: The Owners Corporation is not responsible for the installation of smoke alarms in privately owned units unless they are connected to a shared service such as a fire panel.

Under Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000, smoke alarms must be installed in all buildings in NSW where people sleep. The smoke alarms must meet the requirements of Australian Standard AS 3786, Smoke Alarms.

The Owners Corporation is only responsible for common property, shared services etc. They are not responsible for the installation of smoke alarms in privately owned units unless they are connected to a shared service such as a fire panel. This extends to the OC also not being responsible to maintain a standalone smoke alarm in a privately owned lot / unit.

This post appears in Strata News #456.

Chris Chatham
LINKfire
E: Chris.Chatham@linkfire.com.au
P: 1300 669 439