Fire And Smoke Alarms: Changes To The Law By February 2021 - Update - Delay for one year proposed
21st October 2020
Proposed delay to fire alarm regulations - Update today.
Change to implementation due to coronavirus impact.
The Scottish Government will ask parliament to delay new regulations on smoke and carbon monoxide alarms by 12 months due to the impact of coronavirus (COVID-19)
Legislation due to come into effect in February 2021 meant the standard which currently applies to private rented property and new-builds would have been extended to all homes in Scotland.
Due to the practical difficulties likely to be faced by homeowners seeking to make the necessary changes to their homes, the Scottish Government will now seek to move implementation back to February 2022.
Kevin Stewart, Minister for Local Government and Housing, said:
"Fire safety is an absolute priority for the Scottish Government, and we remain committed to implementing these improved regulations, which will mean everyone will benefit from the same level of protection, whether they own their home or rent from a social or private landlord.
“Given the impact of COVID-19, and the difficulties this is likely to create for people seeking to install new smoke and carbon monoxide alarms, we have listened to concerns and decided to ask the Scottish Parliament to delay implementation.
“If this delay is approved, we will continue to work with partners to spread awareness of the changes before the new deadline. Our focus will be on supporting householders to ensure satisfactory fire alarms are installed so we can improve the safety of their homes."
The legal duty on complying with the legislation will rest with local authorities and not with individual householders.
The improved standards will mean every home in Scotland must have a smoke alarm fitted in the living room or lounge, and in circulation spaces such as hallways and landings. The changes also mean every kitchen must have a heat alarm, and the alarms will have to be interlinked so they can be heard throughout the property. There must also be a carbon monoxide alarm where there are fixed combustion appliances.
Homeowners can install tamper proof long-life lithium battery alarms themselves. Mains-wired alarms are also available and are generally cheaper than the tamper proof long-life battery alarms but should be installed by a qualified electrician. Both types of alarm are widely available in general hardware outlets and online.
The Scottish Government has made more than £15 million of loan funding available for Social Landlords ensuring that social tenants are safe in their homes, and provided funding of £870,000 each year for two years to the Scottish Fire and Rescue Service to support their Home Safety Visits to ensure vulnerable and high risk people can get the necessary alarms installed at no cost to them so that they are safe in their homes.
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The new laws in Scotland come off the back of the tragic London Grenfell Fire in 2017 and will ensure that everyone in Scotland has the same level of protection whether they own or rent their home.
Concerns have been raised about the new law, including the "very little publicity" and difficulty to get everything fitted by the deadline given the ongoing coronavirus pandemic.
There is some pressure to have the legislation final date delayed for one year but so far this has not been agreed by the Scottish Government.
Q: What types of housing will be covered by the new standard?
A: All homes will be covered by the new standard, as it is important that all homes should be safe for occupants regardless of tenure. It will be the property owner's responsibility to meet the new standard.
Q: Why are you introducing this legislation now?
A: Following the tragic fire at Grenfell Tower in London, a Ministerial Working Group on Building and Fire Safety was established to review Scotland's building and fire safety regulatory frameworks. This legislation will ensure that everyone in Scotland has the same level of protection whether they own or rent their home.
Q: How many alarms are required to meet the standards?
A: The standard requires:
one smoke alarm installed in the room most frequently used for general daytime living purposes
one smoke alarm in every circulation space on each storey, such as hallways and landings
one heat alarm installed in every kitchen
All alarms should be ceiling mounted and interlinked.
Where there is a carbon-fuelled appliance (such as boilers, fires (including open fires) and heaters) or a flue, a carbon monoxide detector is also required which does not need to be linked to the fire alarms.
Q: I already have smoke alarms fitted in my home but they are not interlinked - do I need to change these to interlinked ones?
A: Yes - the requirement is to have all alarms interlinked. You may not hear the alarm closest to the fire but, by having an interlinked system, you will be alerted immediately.
Q: Are the requirements different for people who need specialist alarms, for example hearing impaired?
A: The legislation applies to all homes which must meet the minimum standard and, where there is a requirement for specialist equipment for deaf people, this should be installed in addition to the equipment installed to meet the standard.
Q: I own my home - who will pay for these alarms?
A: Any costs will be the responsibility of home owners and landlords. The cost of the alarms will vary according to what you currently have in place and the alarms you choose to install We estimate that the cost for an average three bedroom house which requires three smoke alarms, one heat alarm and one carbon monoxide detector will be around £220. This is based on using the type of alarms that you can install by yourself without the need for an electrician for installing a hard-wired alarm.
Q: There are lots of different types of alarms available - which ones should I get and where can I buy them?
A: You can install tamper proof long-life lithium battery alarms or mains-wired alarms. Mains-wired alarms are generally cheaper than the tamper proof long-life battery alarms. Mains-wired alarms will, however, require to be installed by an electrician which will be an additional cost to consider, and you may need a building warrant if you live in flat.
Further detailed information on the requirements of the standard, including types of alarms, is set out in the Tolerable Standard Guidance Chapters 16 and 17.
Alarms that meet the new standard, both tamper proof long-life lithium battery alarms and mains-wired alarms, are widely available in general hardware outlets and online.
Q: How long do I have to comply?
A: The regulations come into force in February 2021, meaning homeowners and landlords have until then to comply. However, installing alarms at the earliest opportunity, will provide improved fire safety in your home.
Q: I am a tenant of the local authority or a housing association, when will my home have these alarms?
A: Social landlords (local authority and housing association landlords) are aware of the new standard and have been working to ensure that the new alarms are in place, where needed, by the 1 February 2021. Some of their plans may have been affected by the restrictions on going into homes to carry out work during the coronavirus pandemic, The Minister for Local Government, Housing and Planning wrote to all Social landlords on 2 July setting out that landlords should use best endeavours to meet the February 2021 deadline. Where that is not possible then they must have a remedial plan in place for meeting the standard which should be complete by 1 May 2021 at the latest. The standard will be monitored by the Scottish Housing Regulator, who may intervene as they deem appropriate for any non-compliance.
Q: I have shared ownership of my home with a housing association. I have been told that I am responsible for making sure that my house complies with the standard, is this correct?
A: For shared ownership properties, as with other condition standards, responsibilities are set out in the occupancy agreement. However, in general, it is your responsibility as the proportion owner, rather than the registered social landlord, to meet the new fire and smoke alarm standard.
Q: I am a tenant in a privately rented property - how do I make sure my landlord complies?
A: As the new standards for fire and smoke alarms extend those which currently apply in the Private Rented Sector PRS to housing of all tenures, your landlord should already be complying. The standard is enforced by the right of tenants to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), so if you believe that your landlord is failing to comply, you can apply to the First-tier Tribunal. Penalties for non-compliance would be determined by the Tribunal.
Q: Will it be necessary for tenements to have linked alarms between individual residences?
A: In a shared property such as a tenement or block of flats there is no requirement for different properties to be linked to each other. There is no requirement for alarms to be fitted in communal areas such as entry halls and stairways.
Q: How will you check that home owners comply?
A: Most home owners want to make their homes as safe as possible and compliance will also form part of any Home Report when you come to sell your home. As this will be a minimum standard for safe houses, local authorities will be able to use their statutory powers to require owners to carry out work on substandard housing, although we would expect any intervention to be proportionate.
Q: Can I still book a free Home Fire Safety Visit from the Scottish Fire and Rescue Service (SFRS)?
A. SFRS have temporarily stopped most Home Fire Safety Visits except for those where the occupiers are identified as being at High Risk to ensure the safety of the public and of staff during the Coronavirus (COVID-19) outbreak. SFRS are still taking requests for visits to be scheduled at a later date and tailored advice can be accessed by using their online Home Fire Safety Checker .
Q: Will there be any financial assistance provided to pensioners to help meet the costs of alarm installations?
A: As a general principle, home owners are responsible for the costs of on-going work needed to protect and preserve their own property. As with other housing standards, it will be the responsibility of the homeowner to meet the new fire and carbon monoxide alarm standard. Local authorities have broad discretionary powers to provide advice and assistance to home owners with work needed to look after their homes. The Scottish Fire and Rescue Service recently launched their Make the Call campaign which is aimed at carers, family, friends and of those over fifty who are most at risk because of an accidental fire in their home.
Q: How will the new regulations impact my household insurance policy?
A: This will be for individual insurance providers to decide whether they include the new requirements in their policies. Insurers may ask if the property is fitted with working smoke alarms and would expect homeowners to ensure that their property meets any applicable standards. If homeowners are unclear on whether this may impact their insurance policy, we would advise them to get in touch with their provider.
Q: I am having an extension added to my home. What types of alarms can I install?
A: While building standards recommend mains operated devices with battery back-up for building work in certain circumstances, tamper proof long-life lithium battery operated devices may be the preferred option for home owners. Section 10 of the Building (Scotland) Act 2003 provides a degree of flexibility when applying the building regulations to alterations, extensions and conversions, and it could be considered that a sealed long-life battery operated system that is interlinked via radio frequency can provide an equal or in some cases, higher level of protection than is required through Building Regulations. Local authority building standards verifiers should take a pragmatic approach when applying the non-mandatory guidance to alterations, extensions and conversions, as contained in the technical handbooks.
See more at
https://www.gov.scot/policies/fire-and-rescue/home-fire-safety/
Note
You may be receiving leaflets from companies to do the work for mains connected systems but you can buy radio controlled lithium battery systems and install easily yourself. See one company at https://www.safelincs.co.uk/scotland-2021-regulation-smoke-heat-co-carbon-monoxide-alarms/ Google for others.
Note
Landlords need to make sure their properties are compliant under the new law.
Note
Properties for sale
The Home reports after February 2021 will need to have an entry for fire alarms to be compliant.
