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Smoke Alarm Laws Amended
Released 27 October 2006

President of the Real Estate Institute of NSW, Mrs Cristine Castle, has welcomed the NSW Government’s gazettal today of an amendment to the State’s conveyancing laws relating to smoke alarms.. 


The Conveyancing (Sale of Land) Regulation 2005 has been amended by the Conveyancing (Sale of Land) Amendment (Smoke Alarm Notices) Regulation 2006.

In short the obligation of a vendor to sign a statement that their property is smoke alarm compliant and the obligation to attach that statement to all Contracts for the Sale of Land that were subject to smoke alarms has been removed, and will be replaced instead with a statutory warning.

The Warning Notice is a prescribed document under Schedule 1 of the Conveyancing (Sale of Land) Regulation 2005 and its wording is as follows:

WARNING
SMOKE ALARMS

The owners of certain types of buildings and strata lots must have smoke alarms (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.


Mrs Castle also welcomed the Government’s decision to delay the inclusion of the statutory warning to contracts until 1 December to give solicitors and real estate agents time to amend existing contracts. However, from that date the Warning Notice must be attached to every Contract for the Sale of Land in the prescribed form, regardless of whether the land contains a building requiring alarms to be installed.

Mrs Castle said today’s change was a step in the right direction in making the new smoke alarm regulations simpler, while alerting property purchasers of the importance of the alarms and she added that the new Warning Notice will be incorporated into the printed standard form Contract for the Sale of Land as soon as possible.

If you have any questions regarding the new required Warning Notice contact the Department of Lands, Legal Services Division (phone 02 92286726 Fax 02 92214309).

To see a copy of the Conveyancing (Sale of Land) Amendment (Smoke Alarm Notices) Regulation 2006 click here

For information about smoke alarms, including which buildings need smoke alarms, types of smoke alarms and where they should be located see www.planning.nsw.gov.au.

Please direct all media enquiries to REINSW on tel. (02) 9264 2343.