Federal Legislation

Landlords must ensure that their rental property is properly fitted with the required number of working smoke alarms, complying with the Australian Standard (3786:2014), and that they are installed as outlined in the Building Code of Australia (BCA) part 3.7.2.3. This legislation is applicable to all states of Australia.

State Legislation

Current Requirements means the legislative requirements stipulated by the Victoria Building Act 1993; Residential Tenancies Amendment Act 2018; and the Electricity Safety Act 1998 applicable to existent smoke alarms and smoke alarm installations and related electrical work (if applicable). Considerations around compliance of the smoke alarms at the Inspection Address are the types of smoke alarms and smoke alarm installations, build dates, including dates of significant renovations, and building classes.

The residential rental provider (RRP) must ensure that:

• each smoke alarm is correctly installed and in working condition;
• each smoke alarm is tested according to the manufacturer’s instructions at least once every 12 months;
• the batteries in each smoke alarm are replaced as required.

The RRP must immediately arrange for a smoke alarm to be repaired or replaced as an urgent repair by a suitably qualified person if they are notified by the renter that it is not in working order.

The RRP, on or before the commencement of the residential rental agreement, must provide the renter with the following information in writing:

• information about how each smoke alarm in the rented premises operates;
• information about how to test each smoke alarm in the rented premises; 3.
• information about the renter’s obligations to not tamper with any smoke alarms and to report if a smoke alarm in the rented premises is not in working order.

The renter must give written notice to the RRP as soon as practicable after becoming aware that a smoke alarm in the rented premises is not in working order.

The residential rental provider (RRP) must ensure that an electrical safety check of all electrical installations, appliances and fittings provided by a RRP in the rented premises is conducted every 2 years by a licensed or registered electrician and must provide the renter with the date of the most recent safety check, in writing, on request by the renter.

If an electrical safety check of the rented premises has not been conducted within the last 2 years at the time the renter occupies the premises, the RRP must arrange an electrical safety check as soon as practicable.

The residential rental provider (RRP) must ensure that a gas safety check of all gas installations and fittings in the rented premises (if property contains any appliances, fixtures or fittings which use or supply gas) is conducted every 2 years by a licensed or registered Type A gasfitter and must provide the renter with the date of the most recent safety check, in writing, on request by the renter.

If a gas safety check has not been conducted within the last 2 years at the time the renter occupies the premises, the RRP must arrange a gas safety check as soon as practicable.