New fire safety regulations for private rental properties in Northern Ireland

New regulations aimed at enhancing tenant safety by setting new standards for smoke, heat and carbon monoxide alarms, came into force in Northern Ireland on 30 May 2024.

The new regulations are the latest stage of changes provided for by the Private Tenancies Act (Northern Ireland) 2022. Announcing the changes to the law.

 

“These measures are designed to protect the rights and well-being of tenants in the first instance. In addition, they also aim to provide a clear framework for landlords, outlining their responsibilities in relation to properties and tenants.”
– Gordon Lyons, Communities Minister

 

Emphasising the link between a proper alarm system and improved safety, he said “Early warning of potential danger can help to reduce injuries and ultimately save lives. It can also serve to limit damage to a property as a result of fire.”

Compliance dates for new fire safety regulations in Northern Ireland

 

The changes came into effect on 30 May 2024 and deadlines for compliance are as follows:

  • New tenancies must be compliant from 1 September 2024
  • Existing tenancies must be compliant from 1 December 2024.

A new tenancy means a tenancy granted on or after 1 September 2024, an existing tenancy means a private tenancy which is granted before 1 September 2024.

Once the compliance dates for new tenancies and existing tenancies have been reached, it will be a prosecutable offence for landlords not to comply with the set minimum standards.

 

What are the new standards for smoke, heat and carbon monoxide alarms in Northern Ireland?

 

The new regulations set the minimum standards for smoke, heat, and carbon monoxide alarms, which can be either battery or hardwired. Under the regulations, private rental properties must comply with the following minimum standards:

  • A smoke alarm to be installed in the main living room, and in every circulation space on each storey (e.g. hall, landing area)
  • A heat alarm installed in every kitchen
  • A carbon monoxide alarm installed in any room or circulation space which contains a fixed combustion appliance or a flue (that will include any bedrooms a flue passes through)
  • Smoke and heat alarms must be interlinked to make sure the alarms can communicate with each other, therefore providing sufficient cover that if one alarm defects all alarms will go off to provide warning
  • A carbon monoxide alarm does not need to be linked to smoke and heat alarms, however if you have more than one carbon monoxide alarm these must be interlinked to each other

Who is responsible for complying with the new standards?

 

For the purposes of the regulations, a landlord has ultimate responsibility to make sure the property is compliant, even if someone else, such as an agent, has been engaged to act on their behalf. The landlord must:

  • make sure all alarms are in working order on the commencement of a tenancy
  • confirm that the tenant is satisfied all alarms are in working order at the start of a tenancy
  • keep a formal record of when alarms are installed or replaced
  • advise tenants to regularly test alarms and report any faults to the landlord (a landlord is not responsible if the tenant fails to take proper care of the alarms)
  • take remedial action if alarms are due to be replaced or are faulty

For more detailed information on landlords’ and tenants responsibilities and other requirements, see the Department for Communities guidance notes.

Safety tips for smoke alarms and carbon monoxide detectors

 

Smoke alarms and carbon monoxide detectors provide an early warning, giving tenants time to vacate the property and saving lives. But it’s important to follow best practice. Here are some safety tips for landlords.

  • Fire safety professionals recommend that smoke alarms should be fitted to the ceiling in the hall or landing on each floor, at least 30cms away from walls, light fittings or other ceiling fittings
  • Carbon monoxide alarms should be positioned at head height, between one and three metres away from the potential carbon monoxide source
  • You should always follow individual manufacturer’s instructions when installing alarms in your property to make sure they work correctly and are compliant – ideally having them installed by a professional contractor
  • Don’t put alarms in or near kitchens or bathrooms where smoke / steam can set them off
  • Never disconnect or take the batteries out of smoke alarms unless they are being replaced immediately, and replace the batteries every year if the alarm has removable batteries
  • At the start of each tenancy, test the alarms during check-in and note it on the inventory, which the tenant will then sign
  • Ask the tenants to test smoke alarms at least once a month by pressing the test button until the alarm sounds, and to keep the alarm dust free by cleaning the outside
  • Even though it’s the tenant’s responsibility to make sure the alarms continue to work throughout their tenancy, it’s good practice for either the landlord or agent to test each alarm during inspections

Total Landlord, who are also powered by Total Property, provide lots more tips on fire safety to help protect your tenants and your property in their ultimate guide to fire safety regulations for landlords.

‍The new legislation is the result of continuing consultation and ongoing dialogue with stakeholders as part of the implementation of wider legislation concerning private tenancies.

The regulations and associated guidance notes (which includes an animation) can be accessed via the following links:  

The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024 (legislation.gov.uk)

The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024 guidance notes | Department for Communities (communities-ni.gov.uk)