Form 1 January 2022, all homes in Queensland which are being sold are required to have hardwired photoelectric, interconnect smoke alarm (or be fitted with a non-removable 10 year battery).
This means that if one alarm is activated, all alarms are activated.
A Contract for the sale of a house or a unit requires the Seller to disclose whether or not compliant smoke alarms are installed in the house or unit. If you are selling your property, it is important that you verify whether or not your smoke alarms are compliant to the required standard. The legislation and its requirements can be complex and obtaining advice as to whether your smoke alarms are complaint will make the sale process less stressful.
Under the terms of the REIQ contract for sale of a house or a unit, a buyer is entitled to access the property to carry out an inspection by a licensed electrician prior to settlement to ascertain whether the smoke alarms are compliant.
If the smoke alarms are not compliant by settlement, the buyer cannot terminate the contract. But the buyer is entitled to a reduction of 0.15% of the purchase price provided that the buyer makes a claim for this adjustment in writing on or before settlement.
The seller is also required to disclose at settlement whether or not complaint smoke alarms are installed in the property. This disclosure is done on the Titles Office Form 24 which accompanies the Transfer form at the time of settlement. This allows the Queensland Fire and Emergency Services can then access this information.
Aside from the contractual obligation of disclosure by the seller, it is also important to note that it is an offence to fail to have complaint smoke alarms in the property.
If you are unsure about your obligations about smoke alarms, or about selling or buying a property generally, please call us at Big Law.
