The short answer
In a NSW rental, the landlord must make sure smoke alarms are installed and kept in working order. That means checking them every year, replacing removable batteries every year (or as the manufacturer specifies for lithium batteries), and replacing alarms within 10 years of manufacture or sooner if the manufacturer says so. If an alarm stops working, the landlord must repair or replace it within 2 business days of finding out. Hardwired alarms must be repaired or replaced by a licensed electrician. Tenants can replace removable batteries but must not touch hardwired alarms, and nobody may remove or disable an alarm.
The baseline: what alarms a rental needs
Rentals follow the same smoke alarm law as every NSW home. There must be at least one working smoke alarm on each storey, complying with AS 3786. The tenancy rules then add maintenance duties on top. For the general rules, including what new homes need, see smoke alarm rules in NSW.
The law for existing homes doesn't require an alarm in every bedroom or hardwired, interconnected alarms. Fire and Rescue NSW recommends interconnected alarms in every bedroom, living area, hallway and stairway, and the garage. A landlord can always go beyond the minimum.
Landlord checklist
These duties come from the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. The NSW Government sets them out on its smoke alarms in a rental property page.
| Duty | When |
|---|---|
| Keep every smoke alarm in working order | Throughout the tenancy |
| Check each alarm is working | Every year |
| Replace removable batteries | Every year (lithium batteries: the period the manufacturer specifies) |
| Replace the alarm | Within 10 years of manufacture, or sooner if the manufacturer specifies |
| Repair or replace an alarm that isn't working, including a flat removable battery | Within 2 business days of finding out |
| Never remove or disable an alarm | Always |
A diary note for each property, with the install date of every alarm, makes the 10-year replacement easy to track.
Hardwired alarms need a licensed electrician
If the rental has hardwired (240 V) smoke alarms, the landlord must use a licensed electrician to repair or replace them. The regulation itself uses the term "authorised electrician". That covers swapping a faulty or expired hardwired alarm, even like for like.
Battery-only alarms can be replaced by the landlord or their agent, as can removable batteries.
When we replace hardwired alarms, the work is tested and certified with a Certificate of Compliance for Electrical Work (CCEW), lodged through the Building Commission NSW eCert portal. See smoke alarm installation.
Access and notice
To get into the property for smoke alarm work, the landlord or agent must give the tenant:
- at least 2 business days' notice to inspect an alarm;
- at least 1 hour's notice to carry out a repair or replacement.
That short repair notice is what makes the 2 business day repair deadline workable.
If the landlord doesn't act
If the landlord doesn't repair or replace a faulty alarm within 2 business days, the tenant may arrange a licensed electrician to do it, and the landlord must reimburse them within 7 days. This doesn't apply to social housing tenants.
What tenants can and can't do
Tenants can:
- replace removable batteries in smoke alarms;
- report a faulty, beeping or missing alarm to the landlord or agent straight away.
Tenants must not:
- touch hardwired alarms (no opening, removing or replacing them);
- remove or disable any alarm, including taking out the battery because it goes off when cooking.
Strata buildings
In a strata building, the owners corporation can take on the smoke alarm duties for the lot. Four conditions apply, including written notice to the tenant and notifying the owners corporation within 24 hours. The details are on the NSW Government page linked above. If the owners corporation hasn't formally taken it on, the duties stay with the landlord.
Wagga and Riverina landlords
If you manage rentals across Wagga, Junee, Coolamon or further out, it helps to line up the yearly checks so one visit covers the smoke alarms and anything else that needs an electrician. We can test hardwired alarms and replace any that are faulty or past their date. The price depends on how many alarms there are, whether they're hardwired or battery, and how many properties are on the run. Call Nelson on 0416 085 416 or send the job through for a written quote. Travel is free close to Wagga and charged further out, so grouping several properties into one visit makes sense.
For the wider picture of what NSW landlords have to do with power points, safety switches and repairs, see landlord electrical obligations in NSW.
Common questions
Who is responsible for smoke alarms in a NSW rental?
The landlord, unless the owners corporation in a strata building has formally taken on the duties. The landlord must keep alarms working, check them every year, and replace batteries and alarms on schedule.
How often do landlords have to check smoke alarms in NSW?
Every year. Removable batteries must also be replaced every year, or for lithium batteries, within the period the manufacturer specifies.
How quickly must a landlord fix a smoke alarm?
Within 2 business days of finding out it isn't working. That includes replacing a flat removable battery. If they don't, the tenant can arrange a licensed electrician and be reimbursed within 7 days (except in social housing).
Can a tenant replace a smoke alarm battery?
Yes, if the battery is removable. Tenants must not touch hardwired alarms.
Do NSW rentals need hardwired smoke alarms?
Not under the general rule for existing homes, where AS 3786 battery alarms on each storey meet the legal minimum. If hardwired alarms are fitted, a licensed electrician must repair or replace them.