New Smoke and Carbon Monoxide Alarm Legislation

Safety in rented properties has always been a hot topic and the Government, over the years has tightened up in this area significantly to ensure that rented properties are safe to live in. The regulations cover things such as electrical safety, fire safety and gas safety. One area that is currently being looked at by the Government is the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. We will take a look at what the legislation currently requires and what the consultation is looking at changing.

Current legislation

Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, a landlord is legally required to install a smoke alarm on every storey of the property where at least one room used partly or wholly as living accommodation (this includes a hall, landing, bathroom or lavatory). The Regulations also require that a carbon monoxide alarm is installed in any room which contains a solid fuel burning combustion appliance such as a wood burner. A landlord is also legally required to ensure that the alarms are in proper working order on the day that a new tenancy begins. These regulations do not apply to properties in the social rented sector.

Proposed changes

The consultation is focusing on a few key areas to tighten up the legislation.

1. The consultation is proposing that the regulations will also apply to the social rented sector and that social landlords will also have to install smoke alarms on every storey where at least one room is wholly or partly used as living accommodation
2. Changing part J of the building regulations to require the installation of Carbon Monoxide alarms in any room with a fixed combustion appliance of any fuel type, so not just solid fuels but also ones burning gas and oil, but excludes gas cookers
3. The final main aspect of the proposal is to require landlords to replace or repair any smoke or carbon monoxide alarm which is reported as faulty by a tenant. The tenant is still required to carry out regular checks on the alarms

This consultation completed in 2021 and the changes to the legislation have been passing through parliament as time allows. The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 were laid before parliament on the 11^th of May. Once approved they will come into force on the 1^st of October 2022 and every landlord in both the social and private rented sector will need to ensure that their properties are compliant with the new regulations once they come into force.