Introduction
• From 1 February all homeowners in Scotland must make sure they have interlinked fire alarms so that if one goes off they all go off.
• The Regulations covering this are the snappily-titled Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019.
• They extend the “tolerable standard” criteria (set out in the Housing (Scotland) Act 1987) so that houses must have satisfactory fire detection alarms and carbon monoxide detection alarms.
• The requirements were to have come into force on 1 February 2021 but that was delayed to 1 February this year because of the Covid-19 pandemic.
The requirements in outline
• In outline the requirements are that every home must have: one smoke alarm in the living room or the room you use most; one smoke alarm in every hallway or landing; and one heat alarm in the kitchen.
• All smoke and heat alarms should be mounted on the ceiling and be interlinked.
• This note doesn’t set out the requirements in detail. It simply comments on various aspects. But there is useful guidance about the requirements here: Fire and smoke alarms: changes to the law – gov.scot (www.gov.scot)
Is a building warrant required?
• Battery operated alarms do not require a building warrant.
• But installing a mains-powered system rather than sealed battery alarms may require a building warrant from your local authority before work starts.
What about insurance?
• The Scottish Government guidance says:
“Different home insurance policies will have different terms and conditions which a homeowner must comply with in order for their home insurance to be valid. If you are not sure how the new fire and smoke alarm requirements affect your policy, get in touch with your insurer to find out.”
• The Association of British Insurers Fire ABI has offered some reassurance in saying:
“Our members [i.e. insurance companies] are aware of the new regulations coming into force and are unlikely to invalidate a home insurance claim for existing customers who haven’t yet complied with the new law in Scotland. Anyone who is unclear on their policy terms and conditions should speak to their insurer.”
That is reassuring but those of a nervous disposition may not wish to rely on it.
Will Home Reports comment on whether the requirements are met?
• If you are selling your home, the Home Report survey will check whether your property meets the new standard.
• Generally, one doubts that a failure to meet the new standard will deter prospective purchasers but they might try to negotiate a reduction in the price for the costs of making the house smoke-alarm compliant.
What are the sanctions?
• Failure to comply with the new requirements is not a criminal offence and local authorities do not have bands of inspectors on a rolling programme to check that houses in their area do meet the “tolerable standard” which will now include the new requirements for smoke alarms.
• But, if a failure to meet the standard is brought to the authority’s attention then they may investigate and enforce compliance.
• The Scottish Government guidance says:
“Most home owners want to make their homes as safe as possible and compliance will in time form part of any Home Report when they come to sell their 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. However, as is the case for other elements of the Tolerable Standard, any intervention must be proportionate, rational and reasonable and where owners are unable to meet the standard, it is not a criminal offence.”
• And, recently, the local authority body Cosla and the Scottish Government have said:
“The legislation provides flexibility for people to fit the necessary alarms in due course if they are unable to do so by the February 2022 deadline…. No one will be criminalised if they need more time, and there are no penalties for non-compliance.”
• Some might think it odd to make a new law but say compliance with it will only be required “in due course” – which is of course a somewhat vague phrase.
Tenanted property
• Homeowners are responsible for making sure their home meets the standard. If you rent your home, your landlord should have already ensured that it meets the standard which is already in force for private rented accommodation.
• Tenants have the right to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if they believe their landlord is failing to comply.
Note: This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact Euan David: email efd@mitchells-roberton.co.uk