Question: A tenant in our complex covered their smoke alarm with a plastic bag to stop it from triggering while they cook. Can the body corporate take any action?
A tenant in our complex covered the smoke alarm with a plastic bag, apparently because it keeps going off when they cook. Their property manager has been notified, but nothing has happened.
As a committee member, I’m worried about our liability if something goes wrong. Does the body corporate (BC) have any power to step in when the issue is inside a lot, or is that entirely between the landlord and the tenant? And are we exposed if we know about it and don’t act?
Answer: Responsibility for smoke alarms inside a private unit generally rests with the occupier, not the body corporate, which has no general authority to regulate conduct inside lots.
Smoke alarms inside lots: What is the body corporate’s role?
Occupiers disabling or covering a smoke alarm because it activates during cooking is a common issue in Queensland community titles schemes. While this raises obvious safety concerns, the legal position for BC is often misunderstood.
Under the Building Fire Safety Regulation 2008 (the Regulation) and Queensland tenancy laws, responsibility for smoke alarms inside a private unit generally rests with the occupier, not the BC.
Importantly, the BC is not a general regulator of conduct inside lots. Its obligations are matters involving common property, by-law enforcement, and scheme governance. Simply becoming aware of a possible smoke alarm issue does not automatically give the committee authority to enter the lot, investigate the tenant, or enforce tenancy obligations.
Privacy and quiet enjoyment are also important considerations. Committees should be cautious about overstepping into private lot affairs.
It is also important to consider whether the smoke alarm location itself is appropriate. Occupants should be able to undertake normal residential activities, such as cooking or showering, without routinely triggering smoke alarms. Frequent nuisance activations may indicate the alarm is installed too close to kitchens, bathrooms, or other sources of steam or cooking fumes. This does not justify disabling an alarm, but it may indicate the need for assessment of the alarm type or location to ensure both safety and practicality.
Under the Regulation, Queensland Fire Department (QFD) officers have enforcement powers relating to fire safety offences, including the tampering with or disabling of smoke alarms and prescribed fire safety installations. Prosecution powers sit with the regulator, not the body corporate.
For this reason, the committee could approach this issue by documenting the concern, notifying the owner or property manager discreetly, requesting that the matter be investigated, and then allowing the owner, tenant, or relevant authorities to address compliance.
In most cases, this is sufficient to demonstrate that the committee acted reasonably without exceeding its authority.
Legal disclaimer: This article is general information only and does not constitute legal, strata, or fire safety advice. Specific obligations may vary depending on the scheme by-laws, building classification, and individual circumstances. Independent professional advice should be obtained for specific situations.
This post appears in the June 2026 edition of The QLD Strata Magazine.
Stefan Bauer
Fire Matters
E: sbauer@firematters.com.au
P: 07 3071 9088
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