Draft Smoke and Carbon Monoxide Alarm Regulations 2022

We previously notified you that the changes to the Smoke & Carbon Monoxide Regulations were imminent and the Government has paid testament to that in publishing the first draft version of the proposed new Regulations, with an initial implementation date anticipated as 1^st October 2022.

The message is very clear, the Government intends to waste no time here and the time to address these issues is now, with little over four months until the full effects of the Regulations come into force, and the associated sanctions. The draft regulations work to amend the existing 2015 regulations, rather than as stand alone.

The key points to note from the draft 2022 regulations are:

• The provisions of the 2015 Regulations for smoke alarms are now extended to social landlords.
• A smoke alarm must be equipped on each floor of the premises that is used as living accommodation.
• A carbon monoxide alarm must be fitted into any room which contains a fixed combustion appliance.
• Any notification to the landlord of an alarm not in working order, by the tenant or other party, must be repaired or replaced as soon as is reasonably practicable.
• Duty to maintain falls as the expense of the landlord
• Penalties for breach will amount to a penalty charge of up to £5,000 per breach.
• Local Housing Authority has the duty to police and serve remedial notices that must complied with.

With little time between now and the probability of the legislation coming into force, the key for all landlords is to ensure an effective plan is in place to identify those properties that may fall foul of the new regulations, that steps are being taken to remedy these properties, and that a proper maintenance policy and procedure is implemented going forward.

The time to act is very much now to ensure your organisation is compliant in both the private and social sector. Legal remedies are available to consider, to assist getting all stock compliant.