Smoke and Carbon Monoxide Alarm Regulations 2015
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 were approved by parliament and came into force on 1 October 2015.
These Regulations impose duties on certain landlords of residential premises in respect of smoke and carbon monoxide alarms.
Also refer to The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
Private sector and social landlords are required to have:
- at least one smoke alarm installed on every floor of the rental premises;
- a carbon monoxide (CO) alarm in any room containing a fixed combustion appliance (unless this is solely a gas cooker).
Landlords must make sure the alarms are in working order at the start of each new tenancy. It is advisable to keep a record of these checks in case you are questioned about it in the future.
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.
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.
There are some exceptions to this requirement including live in landlords and Social Housing Providers.
Be aware that in some instances, such as where the Local Authority has assessed a Category 1 Hazard for Fire under the Housing Act 2004, Housing Health and Safety Rating System (HHSRS) and non- licensable HMO's, further works above and beyond battery alarms may be required. These could include mains wired smoke and heat alarms under BS5839.
More information
- GOV.UK - Smoke and carbon monoxide alarms
- LACORs Fire Safety Guide
- Contact the Private Sector Housing Team
Statement of Principles
Under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, we are required to publish a Statement of Principles to ensure landlords are aware of the manner in which a civil penalty under these regulations will be calculated.
We have determined that the following principles will be followed:
|
Penalty Type |
Penalty Fee |
|---|---|
| Failing to comply with a remedial notice (smoke and carbon monoxide alarms) |
£5,000 |
The regulations require a “relevant landlord” of a “specified tenancy” of residential premises to ensure that when the premises are occupied under the tenancy:
- A smoke alarm is installed on each storey of the premises on which there is a room used wholly or partly as living accommodation;
- A carbon monoxide alarm is installed in any room which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance (e.g. a coal fire, wood burning stove)
The landlord must ensure the alarms are in proper working order at the start of any new tenancy.
If the local authority is satisfied that a landlord has breached the regulations and has failed to comply with a remedial notice then the authority must arrange for remedial action to be taken. The Council can then impose a civil penalty as determined in the table above.