Smoke and Carbon Monoxide Alarms (Amendment) Regulations 2022 come into force

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 came into force on 1 October 2022, according to fire and rescue services and the Health and Safety Executive¹. The regulations apply to rented homes in England and place duties on landlords in both the private and social rented sectors⁴.

Under the regulations, landlords must install at least one smoke alarm on every storey of a property where there is a room used as living accommodation, a requirement in the private rented sector since 2015². They must also install a carbon monoxide alarm in any room used as living accommodation that contains a fixed combustion appliance, excluding gas cookers². The amendment added a duty to repair or replace alarms once a tenant or their representative reports them faulty, as soon as reasonably practicable⁴. Cherwell District Council states that a bathroom or lavatory is treated as a room used as living accommodation for the purposes of the regulations, and that the law applies equally to private and social tenancies⁴.

Enforcement rests with local authorities. Cheshire Fire and Rescue Service and Staffordshire Fire and Rescue Service state that councils can issue fines of up to £5,000 where a landlord fails to comply². Cherwell District Council says it will serve a notice requiring working alarms to be installed, carry out works in default if the landlord does not complete them in the allotted time, and may issue a penalty notice of up to £5,000⁴.

The HSE notes one limit on scope: the regulations do not apply to student halls of residence³. It also states that landlords must have gas appliances they own maintained by a Gas Safe registered engineer and issue a copy of the gas safety record after the annual gas safety check, and that tenants can notify HSE if a landlord does not provide a copy on request³.

On alarm types, Cherwell District Council advises that landlords choose smoke alarms compliant with British Standard BS 5839-6 and carbon monoxide alarms compliant with British Standard BS 50291, following manufacturer instructions, with carbon monoxide alarms generally at head height about 1 to 3 metres from a potential source⁴. It recommends mains-powered alarms with integral battery back-up installed by a competent electrician, and says that where battery alarms are chosen, sealed-for-life batteries are the better option⁴.

Why it matters for households

The change affects tenants of private and social landlords in England, including rooms containing a gas boiler, gas fire, log burner or open fireplace, but not gas cookers². It does not apply to student halls of residence³. For tenants, the practical effect is that a missing or faulty alarm is a matter to raise with the landlord, and councils enforce the duties². The HSE advises tenants to notify HSE if a landlord does not, on request, provide a copy of the gas safety record³.

Fire services also set out general household alarm advice. Cheshire Fire and Rescue Service states that people are around 10 times more likely to die in a fire without a working smoke alarm, advises testing alarms weekly by pressing the test button for 3 seconds, and says alarms should be fitted on the ceiling, ideally in the centre of rooms, hallways or landings, with a heat alarm in the kitchen instead of a smoke alarm². It advises that if an alarm sounds and the cause is not known, people should get out, stay out and call 999². North Yorkshire Fire & Rescue Service advises testing alarms at least once a month and replacing batteries every year where they are removable⁶. The home emergencies hub covers related household planning, and guidance on siting and choosing units is set out in where to put a carbon monoxide alarm and carbon monoxide alarms: what they do and how to choose.

What happens next

No further commencement date is given in these pages. The regulations took effect on 1 October 2022 and remain in force, with local authorities responsible for enforcement².