Context
In April 2022, the Private Tenancies Act (Northern Ireland) 2022 received Royal Assent. The Act gives the Department for Communities the power to create future legislation for private tenancies over areas such as tenancy deposits, information to be provided to tenants and notice to quit periods. Sections one to six of the Act came into force on 1 April 2023 have already come into force, with sections seven to twelve being introduced over the following years.
NB: The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024 “the Regulations”, is the first piece of legislation covering sections seven to twelve of the Private Tenancies Act (Northern Ireland) 2022, specifically section eight: Fire, smoke and carbon monoxide alarms, etc.
The changesThe Regulations introduce requirements for all private tenancies in Northern Ireland to have sufficient smoke, heat and carbon monoxide alarms in the property. The number and location of alarms depends on the type of alarm which will be covered in the “What you need to do” section of this fact sheet. The intention behind the Regulations is to reduce the risk of fire and consequent loss of life, injury and damage to the property.
NB: Heat alarms are separate from smoke alarms and are defined by the act as “a device designed to detect heat instead of smoke, which contains a thermistor set to respond to temperatures above 58°C.”
What does this mean?From 1 September 2024, it will be illegal in Northern Ireland to grant a tenancy unless adequate smoke, heat and carbon monoxide alarms are present in the property.
• All smoke and heat alarms should be British Standard BS 5839-6
• All carbon monoxide alarms should be British Standard BS EN 50292
NB: For tenancies that were granted before 1 September 2024, all properties must be compliant by 1 December 2024.
What do you need to be aware of Under the Regulations, it is the landlord’s responsibility to comply with the duty to keep all types of alarms in repair and proper working order, even if the landlord has hired an agent to act on their behalf.
Types of alarms and location
Smoke alarms
A smoke alarm must be installed in the room which is most frequently used by tenants during the
daytime, such as a central lounge. A smoke alarm must also be installed in every circulation space
on every storey (floor) of the property.
Heat alarms
A heat alarm must be installed in every kitchen.
