When it comes to Noosa, Laguna Real Estate has an award-winning reputation. Headed by Olivier Miller, Laguna has offices in Noosa, Noosaville, Coolum, Tewantin and Gympie. Over 50 professional and dedicated locals work together as a team to create the success that has won the company an enviable list of achievements, including REIQ Agency of The Year 2005. Olivier sells more than $50 million worth of real estate annually.

What do the new smoke alarm laws mean?

July 18 | Olivier Miller

July 1 was the deadline for the enforcement of the new smoke alarm laws that have been put into place in Queensland.

The laws have been implemented to save lives, yet I am coming across a large number of buyers and sellers who are unaware or confused by the changes.

The team at Laguna Real Estate has been briefed, as the changes also affect the preparation of contracts of sale, and the property and holiday management divisions.

The Fire and Rescue Service and Amendment Bill introduced by the Beattie government in 2006 came into effect on July 1. The law states that all homes built prior to July 1997 have to have a working smoke alarm installed.

The changes were decided on after a review of building fire safety in Queensland found that 78% of home fire fatalities occurred in homes without smoke alarms.

There are new obligations under these laws, not only for real estate agents but also for conveyancing professionals, landlords and tenants. Contracts now include a clause which discloses whether or not the property being purchased/sold has smoke alarms fitted.

The obligation is on most sellers to install compliant smoke alarms at the time of the contract or prior to settlement. If the buyers proceed with settlement aware and accepting that the devices are not present, the legal obligation will fall to the purchaser on completion of the contract.

Enforcement of these laws will thus become part and parcel of the conveyance of property in Queensland, as well as the domain of the Queensland fire and rescue service. Fines of up to $375 will apply for failure to install an alarm.

Landlords are required to have working fire alarms in all rental properties, with tenants being required to advise as soon as they’re aware if an alarm is in need of replacement or faulty.

The legalities with these changes are also closely tied to home and contents insurance. Even if you have insurance on your property, there is a risk you are not covered if you do not comply with the law.

My advice is to contact your insurer for advice as soon as you can.

The obvious solution is to install your alarms if you don’t have them, for the benefits of full protection.

The website www.fire.qld.gov.au has further information.