Regulations place the responsibility of smoke alarm compliance on the property owner.

 

Property managers accept contractual responsibility for ensuring that smoke alarms are installed and maintained on the residential premises. Failure of a property manager to satisfy that contractual obligation could have disastrous consequences including loss of life, negligence claims and potential litigation

 

In addition, real estate agents are “persons conducting a business or undertaking” for the purposes of the work health and safety laws. As such they have obligations under the legislation to “ensure so far as is reasonably practicable that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking”. This would include ensuring that smoke alarms are installed and properly maintained.

 

Therefore, property managers need to have established policies, procedures and systems in place to ensure they meet their responsibilities and obligations.

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Ongoing maintenance and inspection of smoke alarms is important. There are examples of tenants who have sued property managers for failure to maintain smoke alarms.

 

Property managers who choose to undertake this work themselves run significant risk. Property managers are generally not appropriately qualified or trained to ensure total smoke alarm compliance. The Real Estate Institute of NSW recommends that appropriately qualified professionals are used to ensure smoke alarm compliance, which should assist in satisfying a property manager’s contractual obligations

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