Smoke and carbon monoxide alarms

As housing policy is devolved to each country within the UK, the rules on smoke and carbon monoxide alarms vary, so it’s important to be clear on the law that applies to your buy-to-let and know your responsibilities. If you fall foul of regulations – even unknowingly – you risk being fined and even prosecuted.

England and Wales

Since 1st October 2015, landlords in England have been legally obliged to install smoke and carbon monoxide (CO) alarms in their rented properties. There must be a working smoke alarm on each floor, which must be tested at the start of each tenancy, and a CO alarm in any room considered ‘high risk’ – that’s where there is a solid fuel burning appliance, e.g. a wood-burning stove or coal fire. These regulations are the same in Wales.

Although it’s not a legal requirement to have CO alarms in rooms with gas appliances, they can emit carbon monoxide, so government advice is to install them as a matter of good practice. Quite why that isn’t yet the law is something of a mystery!

During the tenancy, it is the tenant’s responsibility to test the alarms regularly. However, given that your property is potentially at risk if the alarms don’t work, it’s a good idea to test them when you/your agent carry out your periodical inspections and make a note of the date each time.

The rules for Houses in Multiple Occupation (HMOs) depend on whether the property is required to be licensed and can vary considerably from one local authority area to another.

Penalties for non-compliance range from a remedial notice, requiring you to fit and test alarms within 28 days, to a fine of up to £5,000. If the violation is considered serious enough by the council, they could issue a civil penalty of up to £30,000, so it’s really not worth taking the risk.

At the time the legislation came into force, ministers committed to review them in 2017. A consultation to gather evidence on the effectiveness of the regulations to date closed on 9th January and feedback is currently being considered. Click here to read more.

Scotland

Regulations are currently tighter in Scotland than anywhere else in the UK. The law requires smoke alarms to be interlinked (hardwired) and installed in the following locations:

• One in the room most frequently used for general daytime living purposes
• One in every circulation space, such as hallways and landings
• A heat alarm in every kitchen

And for CO alarms:

• One in each room containing a fixed combustion appliance
• One in any room through which a vent from a combustion appliance passes.

Alarms should be tested at the start of each tenancy. The Scottish government also recommends that landlords advise tenants to test alarms on a weekly basis and not to tamper with them.

Non-compliance could result in a fine of several hundred pounds or, in the most serious cases, being banned from letting for a period of time.

Northern Ireland

If a rented property is not a HMO in Northern Ireland, the fire regulations are somewhat casual. There is currently no legal requirement for landlords to provide smoke alarms, although it may prove difficult to claim on insurance for any fire in the property.

Given that Scotland has already adopted tighter fire alarm regulations and the English Government is committed to further regulation of the industry, it’s advisable for landlords across the UK to go above and beyond when it comes to fire and carbon monoxide safety. As such, in any new rented properties, it would be wise to install hardwired smoke detectors and heat sensors in all main rooms, kitchens, hallways and landings, to ‘future proof’ your investment for the coming years.