Pin Point Issue 28 - 4th October 2022
Important changes to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1 October 2015.
The regulations were amended on 1 October 2022 by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.
What are the key changes?
- Private landlords are already expected to fit a smoke alarm on every floor used as a living space in their rented properties. The new regulations ensure that social landlords must now also do this. Checks should be made to ensure that alarms are in proper working order on the day any tenancy begins (or is renewed) after 1 October 2022. It is advisable to keep a record of these checks in case you are questioned about it in the future.
- Carbon Monoxide (CO) detectors were only required if a solid fuel burning appliance was present. Now CO detectors must be fitted in every room with any fixed combustion appliance (unless this is solely a gas cooker).
- The third key change is a new requirement relating to the repair or replacement of detectors. When a landlord is notified that a smoke or CO alarm is not working, they must check and repair or replace it as soon as reasonably practicable.
What else do I need to know?
If a local authority has reasonable grounds to believe a landlord is in breach of the requirements a remedial notice will be served and can issue a penalty of up to £5,000 per breach.
These regulations set out minimum requirements, but be aware that your rental property may need a different type of alarm. For example an HHSRS assessment may identify a higher risk which the council can enforce through a notice under the Housing Act 2004, requiring mains and interlinked detectors.
Where can I find more information?
The government have produced a helpful explanatory booklet.
The full changes to the regulations can be viewed here: The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.