The standard contract of sale, or conveyancing contract, contains a place for the Seller to disclose whether or not the property is fitted with compliant smoke alarms.

The standard terms of the contract state that the seller must install compliant smoke alarms in the property prior to settlement.

What is a compliant smoke alarm?

A compliant smoke alarm must:

• be photoelectric (AS3786-2014)

• not also contain an ionisation sensor

• Be either hardwired or powered by a non removable 10 yr battery or a combination of both

• be interconnected with every other smoke alarm in the dwelling so all activate together.

 The legislation states that smoke alarms must be installed:

• on each storey of the property

• in each bedroom

• if there is no hallway, between the bedroom and other parts of the storey; and

• if there are no bedrooms on a storey, at least one smoke alarm must be installed in the most likely path of travel to exit the dwelling.

Seller’s obligations

As a seller, it is your obligation to have compliant smoke alarms installed in the property prior to settlement at your own cost.

The seller must disclose to the buyer when the contract is being signed whether or not compliant smoke alarms are installed in the property.

If the smoke alarm requirements are not complied with the seller may be retrospectively fined.

Further, if compliant smoke alarms are not installed at the property at settlement, the buyer is entitled to make an adjustment at settlement equal to 0.15% of the purchase price.

To contact us to find out how to comply with smoke alarm conditions on your conveyance click here.

Buyer’s obligations

It is the buyer’s responsibility to make their own investigations regarding smoke alarms. The property conveyancing contract allows the buyer access to the property once prior to settlement for the purposes of carrying out an inspection for smoke alarms installed in the property. It is recommended that the buyer have this inspection conducted by an industry professional.

If the seller has not complied with their obligations, the buyer is entitled to make an adjustment at settlement equal to 0.15% of the purchase price. However, this is the only remedy available to the buyer and it must be claimed in writing on or before settlement. The buyer is not able to delay settlement or seek compensation from the seller after settlement.

Contact our office and talk with Shannon Harding to find out how the team at Millwater Tyrrell Law will protect your interests and make your conveyance a straightforward and stress-free process.

Millwater Tyrrell Law are an expert Ipswich Law Firm that practice in Conveyancing, Family Law, Commercial Law, Criminal Law and Wills & Estates.