Smoke Alarm Legislation – NSW

ASIAL – the premier national body for the Australian Security Industry, in conjunction with the Australian Fire and Emergency Services Council (AFAC) have prepared a helpful document that summarises smoke alarm legislation in New South Wales:


  • Since May 2006, all residences are to have at least one working smoke alarm installed on each level of their premises, which can be include a mains-powered or battery-powered smoke alarm — this includes owner-occupied homes, rental properties, relocatable homes, caravans or any other residential building where people sleep;
  • Landlords are required to install smoke alarms in rented premises to ensure the rental property meets the minimal requirements of having at least one working smoke alarm installed on every level of the property where a smoke alarm has a replaceable battery; put a new battery in at the commencement of a tenancy and replace hard-wired smoke alarm back-up batteries when necessary;
  • Tenants are required to replace the battery when needed in battery operated smoke alarms and notify the landlord as soon as practicable if the tenant is physically unable to replace the battery.

For further information, including information regarding other State’s Smoke Alarm legislation, please refer to the ASIAL website, at

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Reference: Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Building Legislation Amendment (Smoke Alarms) Act 2005, Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006, Residential Tenancies Act 2010, Residential Tenancies Regulation 2010.