The NSW Government, to enhance safety and minimise loss-of-life enacted the Building Legislation Amendment (Smoke Alarms) Act 2005, which allows regulations making it compulsory for smoke alarms to be installed in all existing homes, home units and other buildings where people sleep. Smoke alarms are already mandatory for all new buildings and in some instances when buildings are altered or their use is changed.
From 1 May 2006 the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 requires owners affected by the new laws to be responsible for ensuring smoke alarms are installed.
The Regulation sets minimum standards for existing buildings as to types of alarms, correct location of alarms and other matters. No action is required by an owner if a building already has fully functioning smoke alarms or a smoke detection and alarm system installed that complies with a previous or current requirement such as an approval from Council or a Fire Safety Order. Likewise if an owner has installed alarms in a private dwelling before the commencement of the new Regulation which are working properly and correctly installed, no action is required.
Similarly as the new regulation concerns existing buildings only, it does not override the Building Code of Australia, which regulates the design and construction of new buildings.
The NSW Department of Planning has issued a Smoke Alarms Advisory Note which contains more useful information on the smoke alarms requirements, including diagrams. (see www.planning.nsw.gov.au).
The Department of Fair Trading has also issued Advisory Notes on Smoke Alarms dealing with responsibility of Landlords and Leased Residential Premises. (see www.fairtrading.nsw.gov.au).
Coupled with the above new regulation, there are also important changes to conveyancing procedures introduced by the new Conveyancing (Sale of Land) Amendment (Smoke Alarms) Regulation 2006 which also commenced on 1 May 2006.
This new regulation requires the Vendor under a Contract for Sale of Land, on which a building requiring smoke alarms is situated, to attach to the contract an additional prescribed (compulsory) document which is to be in the form of a Statement by the Vendor that the building complies with that requirement.
Failure to attach the Statement to the Contract may give the purchaser a right to rescind the Contract exercisable within fourteen (14) days of the date of the Contract.
There was some confusion as to from what date the prescribed document (the Vendors Statement) should be attached to Contracts as the Department of Lands argues that a legal obligation to install a smoke alarm does not arise until 6 months after the commencement of the relevant part of the regulation making the date 1 November 2006. The NSW Law Society’s view however was a more cautious approach namely that the prescribed statement should be attached to Contracts for Sale with a building requiring smoke alarms from 1 May 2006.
This confusion has now been overcome by the Conveyancing (Sale of Land) Further Amendment (Smoke Alarms) Regulation 2006, which was gazetted on 2 June 2006. The Regulation makes it clear that the requirement to include a Statement relating to smoke alarms as a compulsory document in a Contract for Sale of Land has effect on and from 1 November 2006.
For any further information please contact Paul Hayson.