Short answer: In NSW, every home where people sleep must have working smoke alarms on every level, including levels without bedrooms, placed on or near the ceiling in hallways near bedrooms. Alarms must comply with Australian Standard AS 3786. Landlords have extra duties: they must check alarms every year, replace removable batteries yearly, repair or replace a faulty alarm within two business days, and replace alarms within 10 years of manufacture. Hardwired alarms must be repaired or replaced by a licensed electrician.
Smoke alarms are the cheapest life-saving device in your home, and NSW has clear laws about them. The rules differ a little between owner-occupiers, landlords and tenants, and there are extra requirements for some building types. This guide sets out what the law says, with links to the official sources so you can check the detail yourself.
The law for every home in NSW
NSW has required smoke alarms in all homes since 1 May 2006, as Fire and Rescue NSW explains. The current rules are in the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, Part 13.
For a typical house (a “class 1a” building), section 95 requires smoke alarms on or near the ceiling:
- on every storey that has a bedroom: in each hallway or corridor associated with a bedroom, or, if there’s no hallway, between the bedrooms and the rest of the home
- on every storey without a bedroom as well
Section 99 requires the alarms to work and to comply with AS 3786. Look for that standard on the packaging. A heat alarm can be used instead of a smoke alarm in a kitchen or other area where a smoke alarm would keep going off.
Townhouses, terraces and apartments
Most terraces and freestanding houses in the Inner West are class 1a. Some buildings, such as boarding houses and certain shared accommodation, are “class 1b”. Those have stricter rules, including an alarm in every bedroom, and alarms must be mains-powered or have a non-removable 10-year battery. Apartment buildings have their own fire safety systems, which are usually managed by the owners corporation.
If you’re not sure which class your building is, ask your strata manager or a building certifier.
Extra rules for landlords
Since 23 March 2020, landlords and agents in NSW have specific smoke alarm duties under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. NSW Fair Trading sets them out:
| Landlord duty | Timeframe |
|---|---|
| Make sure alarms are installed and working | Always (can’t be handed off to the tenant in the lease) |
| Repair or replace a faulty alarm, including a flat removable battery | Within 2 business days of finding out |
| Check that all alarms work | Every year |
| Replace removable batteries | Every year (lithium batteries: in the period the manufacturer specifies) |
| Replace smoke alarms | Within 10 years of manufacture, or earlier if the manufacturer says so |
| Notice to the tenant to inspect | At least 2 business days |
| Notice to the tenant to repair or replace | At least 1 hour |
| Repair or replace hardwired alarms | Must use a licensed electrician |
There’s an exemption for some strata properties where the owners corporation is responsible for smoke alarms, but the landlord still has to notify the owners corporation within 24 hours of a problem and take reasonable steps to get it fixed. Read the details on the Fair Trading page.
What tenants need to do
Tenants must tell the landlord or agent when an alarm isn’t working, including when the battery needs changing. In some circumstances a tenant can change a removable battery or arrange a licensed electrician to fix an alarm, and then tell the landlord. Fire and Rescue NSW and NSW Fair Trading explain when that applies. Never remove or disable a smoke alarm, even when it’s annoying.
What Fire and Rescue NSW recommends (beyond the minimum)
The law sets a minimum. Fire and Rescue NSW recommends going further:
- interconnected alarms in every bedroom, living area, hallway and stairway, and even the garage, so when one sounds they all sound
- test monthly with the test button
- vacuum the alarm every six months to clear dust and insects
- replace removable batteries yearly (a handy reminder is when daylight saving ends)
- replace every alarm at least every 10 years
Interconnection matters most in two-storey homes and long single-storey homes, like many Inner West terraces, where an alarm at one end may not wake someone at the other.
Battery or hardwired?
| 10-year lithium (sealed) | Hardwired (240V) with battery backup | |
|---|---|---|
| Installation | Can be mounted without an electrician | Must be installed by a licensed electrician |
| Power cuts | Keeps working | Battery backup keeps it working |
| Interconnection | Wireless models available | Wired or wireless |
| Replacement | Replace the whole unit at end of life | Replace the whole unit at end of life |
Either can meet the law for a typical house if it complies with AS 3786 and is in the right place. Hardwired alarms are common in newer homes and are usually required when you build or substantially renovate. Your certifier will confirm what applies to your project.
Common mistakes
- alarms too close to the kitchen or bathroom, so they go off with cooking or steam
- no alarm on a level without bedrooms
- alarms more than 10 years old (check the date on the back)
- dead batteries, or batteries removed because of false alarms
- a single alarm in a long terrace that can’t be heard from the back bedroom
Need alarms checked or upgraded? We install and replace hardwired and interconnected smoke alarms across the Inner West, including for landlords and agents in Ashfield, Marrickville, Petersham and Croydon. See our smoke alarm installation page, or call 0421 772 661.
Frequently asked questions
Do I need a smoke alarm in every bedroom in NSW?
For a typical house (class 1a), the law requires alarms in hallways associated with bedrooms and on every level, not in every bedroom. Fire and Rescue NSW recommends alarms in every bedroom for better protection. Some building types (class 1b) must have them in every bedroom.
How often do smoke alarms need replacing in NSW?
Fire and Rescue NSW recommends replacing every smoke alarm at least every 10 years. For rentals, landlords must replace alarms within 10 years of manufacture, or earlier if the manufacturer specifies.
Can a landlord make the tenant responsible for smoke alarms?
No. NSW Fair Trading says landlords can’t delegate responsibility for working smoke alarms to tenants in a tenancy agreement.
Who can replace a hardwired smoke alarm?
Only a licensed electrician. This is a requirement for rental properties, and it applies to any hardwired alarm because it’s electrical wiring work.