At the beginning of the year, Queensland amended legislation to bring the laws governing smoke alarms and detectors in line with the Australian Standard (AS)3786-2014.
Just in case you forgot, everything you need to know about the new smoke alarm systems can be found at: https://www.qfes.qld.gov.au/sites/default/files/2021-04/New-Smoke-Alarm-Legislation.pdf
Since the 1 January 2022, the upgrade to photoelectric, interconnected smoke alarms has been a requirement for all owners who intend to sell or lease (including renewing a lease) their residential property and Creevey Russell has found that the adjustment has been taken well by both Sellers and Property Managers.
What Does this Mean for Sellers:
If your Seller entered into a Contract anytime this year, then they have been obligated to upgrade their smoke alarm system prior to settlement of that Contract.
At first we weren’t sure how our Sellers would take the new requirements, but we have found that simply advising Sellers to have a review and upgrade (if necessary) of their alarms, before Settlement has avoided any issues arising and Sellers for the most part have been happy to comply.
Its important to keep in mind though that the REIQ Contract for Houses and Residential Land, 17th edition and Contract for Residential Lots in a Community Title Scheme (13th edition) still has sellers liable to buyers for noncompliance, entitling the buyer to an adjustment at settlement equal to 0.15% of the Purchase Price but only if claimed by the Buyer in writing on or before Settlement
Thankfully we haven’t seen this yet.
Despite the apparent easy transition to the new requirements, if ever you’re in need of assistance with the new requirements please contact us as Creevey Russell Lawyers.
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