Legislation Update: Carbon Monoxide Alarms (England only)

The Government is proposing to update legislation about carbon monoxide detectors and smoke detectors. Many thought that the 2015 legislation (the Smoke and Carbon Monoxide Alarm (England) Regulations 2015) didn’t go far enough, falling short of making it mandatory for them to be installed where gas boilers were present.

According to the document produced by the government, “Around 20 people die from accidental carbon monoxide poisoning every year (excluding those relating to accidental exposure to smoke, fire and flames^{[footnote 2]}, with more than 4,000 presentations to hospitals estimated to be related to carbon monoxide.”.

The recent proposals mean that all landlords (private and social), will be required to install and maintain carbon monoxide alarms in any room used as living accommodation where a fixed combustion appliance is used, (including gas boilers). Gas cookers are not included in the proposals.

Currently, CO alarms are only required in rooms deemed ‘high risk’, such as where solid fuels are burned.

Landlords will be required to ensure the CO alarms are in working order at the start of a tenancy, and, importantly,  will also be expected to repair or replace alarms once informed (presumably by the tenants), that they are faulty.

The proposal does not suggest “proactive checking of alarms during the tenancy by the landlord”, the guidance from many manufacturers and The London Fire Brigade suggest they should be tested a least monthly.

It is unclear as to whether the responsibility to change batteries will be that of the tenant or landlord:

We propose that the guidance published alongside the regulations says that if, on testing their alarm, tenants find that their alarm is not in working order, they should first consider testing or replacing the battery. If the alarm is mains-operated or is still not working after the battery is replaced, residents should contact the landlord to arrange for the repair or replacement of the alarm. 

Property Mark (formerly ARLA), have suggested in their response to the consultation (which closed on 11th Jan 2022) that tenants should be responsible for changing the batteries if required.

Other proposals included:

• Existing regulations about smoke detectors in rental properties will be extended to social rented homes.
• Carbon monoxide alarms will be required upon installation of any gas heating appliance (excluding gas cookers) via regulation.
• The guidance, (importantly not included in the regulations or legislation) will include relevant product standards for smoke/CO alarms, (CE/British Standard BS EN 50291)

According to Which.co.uk  there are a variety of different types of detectors ranging in life expectancy of 3-10 years, with replaceable batteries needing to be replaced between six months’ to a ‘couple of years’. Which.co.uk advise not buying detectors which cost less than £10,  stating an average price for detectors which pass stringent safety testing to be between £17-£25.

For most landlords, a ‘Sealed Battery’ detector would offer the most cost effective solution, the best of these have a 10-year life span meaning no changing batteries for that time period too. Alternatively, hard wired alarms can be installed, but they too will have to be replaced after approximately 10 years depending on the manufacturers guidance.

Currently, the local housing authority is responsible for enforcing the smoke alarm requirements set out in the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, and can levy a penalty charge of up to £5,000 for non-compliance.

It is not yet clear when the government plans to introduce the new legislation and regulations.