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There are new laws about smoke alarms that apply from 1 January 2022.
These laws apply to all dwellings being sold or leased, and to an existing lease that is renewed.
This means that all contracts signed after 1st January 2022, for the sale/purchase of property are subject to these new laws.
If you have entered a contract to buy or sell, you need to be aware of these laws.
In a nutshell, the laws say that the dwelling must have an interconnected Smoke Alarm System installed.
The laws require that smoke alarms in the dwelling:
Smoke alarms must be installed on each storey:
Smoke alarms must be either hardwired or powered by a non-removable 10-year-old battery, or a combination of both may be allowed.
The new smoke alarm laws have already been integrated into the latest 17th Edition of the REIQ standard Contract for Houses and Residential Land and the 13th Edition Contract for Residential Lots in a Community Titles Scheme.
Clause 7.8 imposes a contractual obligation on the seller to install smoke alarms in compliance with the new requirements without delaying settlement.
If the Seller fails to comply with clause 7.8(1) the Buyer is entitled 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.
This is the Buyers only remedy for non-compliance with clause 7.8(1).
At O’SheaDyer Solicitors, we act for buyers and sellers in conveyancing matters.
We ensure that both buyers and sellers are aware of the new laws and the new clause 7.8 in the REIQ contract - and how this affects them.
For a seller, sometimes it may be more beneficial (financially) to waive Clause 7.8 and allow for the adjustment at settlement.
If a seller chooses to engage an electrician to install compliant smoke alarms, we can recommend good electricians to do this. Usually, a smoke alarm job will include a ‘Smoke Alarm Compliance Report’. This report will include a visual inspection of safety switches and advise if they need changing/upgrading, and also include details on smoke alarms, locations, type of alarm, and replacement date.
O’SheaDyer Solicitors strives to support our clients so that conveyancing is as hassle-free as possible.
Our conveyancing fees are low and ‘fixed’. When you chose OSheaDyer for your conveyancing, you are assisted by our Conveyancing lawyers and experienced Conveyancers.