Smoke Alarms – What is the Law



As at 1 May 2006, pursuant to clause 146A of the Environmental Planning and Assessment Act 1979, and Division 7A of Part 9 of the Environmental Planning and Assessment Regulation 2000, smoke alarms are required in all buildings in New South Wales where people sleep.

The smoke alarm must meet Australian Standards 3786 (AS3786) however Fire & Rescue NSW recommends you install a photo-electric type smoke alarm that is powered by a 10 year, non-removable, non-replaceable lithium battery.

The legislation provides for a minimum level of protection. The Fire & Rescue NSW supports this legislation and recommends that owners and occupants consider higher levels of protection than the minimum requirements.

What Does It Take To Meet Smoke Alarm Compliance Guidelines?

For New South Wales, the smoke alarm compliance requirements are, each building in which individuals sleep must possess a minimum of one smoke alarm. These smoke alarms must be kept operational and must not be removed or tampered with.  No interference with their operation is to be tolerated.


It’s the law to have at least one working smoke alarm installed on every level of your home. This includes owner occupied homes, rental properties, relocatable homes, caravans and camper-vans or any other residential building where people sleep.

Incorporated into the vendor’s sale contract, prior to completion of their sale, the vendor is to ensure that the property complies with the smoke alarm legislation.  Prior to completing their purchase, the purchaser should satisfy themselves that the property complies with the smoke alarm legislation.

It is important to ensure that your home and family are protected.

What Are The Consequences If An Individual Does Not Comply With These Smoke Alarm Legislation Guidelines?

Not adhering to the smoke alarm regulation and guidelines is considered an offence, and penalties will apply for non-compliance.

For more information on the Regulations:


NB This Article is for reference purposes only, and is not to be considered as legal advice.  If you have any queries, please do not hesitate to contact our office.

Penny Browne Conveyancing