Scotland has very strict fire alarm laws for homes and an updated law is about to come into effect in February 2022. This article explains how the law could affect your selling your home.
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They specialise in employment law, property law and private client legal services such as will services.
The Importance of the New
Fire Alarm Laws when
Selling a House in Scotland
Changes to the fire alarm law in Scotland
from February 2022
The Scottish Government carried out a review of Scotland’s building
and fire safety legal framework following the tragic fire at Grenfell
Tower in London. This resulted in legislation* being passed in
January 2019 which will come into force in February 2022. The new
legal requirements were originally due to come into force in
February 2021, but in light of difficulties caused by COVID-19 the
Scottish Parliament agreed to delay implementation for 12
months. With only 5 months left, it is important for all homeowners
to start taking any action needed to ensure compliance with the new
requirements in time. There is of course no need to wait until the
deadline, and improved fire safety in our homes will undoubtedly be
beneficial and in some cases life-saving.
Fire & smoke alarm rules for homes
All residential dwellings, whether owned or rented, will be required
to have:
• 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; and
• one heat alarm installed in every kitchen.
These alarms must be ceiling-mounted and interlinked.
A carbon monoxide detector is also required where there is a
carbon-fuelled appliance (such as a boiler, fire or heater) or a
flue. This does not need to be linked to the fire alarms.
There are two types of alarms that comply with the new
requirements:
1. tamper-proof long-life lithium battery alarms, which can be fitted
by individuals themselves; or
2. mains-wired alarms, which are cheaper but should be installed
by a qualified electrician and may require a building warrant for
installation in a flat.
In tenements or blocks of flats, it is not necessary for individual
properties to be linked to each other, and there is no requirement
for alarms to be fitted in communal areas such as entrance halls and
stairways.
The owner of the property is responsible for ensuring compliance,
and Local Authorities have statutory powers to deal with properties
that do not meet the tolerable standard. Private tenants may be
entitled to raise an action against their landlord at Tribunal for failure
to comply. It may be a condition of household insurance policies
that the new standards are met.
How the new fire alarm law affects selling
your home
Compliance with the new legal requirements will be important in the
context of selling your property and will be covered in the Home
Report which is made available to prospective purchasers.
Electricians and qualified trades companies will be able to advise in
individual cases, and information from the Scottish Government with
full details of the requirements, along with relevant questions and
answers, can be found on the Scottish Government website.
Further Scottish Government information on fire safety can be found
on the Safer Scotland Facebook page and on their ‘Fire safety for
home owners‘ webpage.
If you are considering selling your property and would like to speak
to one of our estate agency team, please do contact us
at property@elpamsolicitors.co.uk or 0131 312 7276.
* The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension
of Criteria) Order 2019
Fire Alarm Laws when
Selling a House in Scotland
Changes to the fire alarm law in Scotland
from February 2022
The Scottish Government carried out a review of Scotland’s building
and fire safety legal framework following the tragic fire at Grenfell
Tower in London. This resulted in legislation* being passed in
January 2019 which will come into force in February 2022. The new
legal requirements were originally due to come into force in
February 2021, but in light of difficulties caused by COVID-19 the
Scottish Parliament agreed to delay implementation for 12
months. With only 5 months left, it is important for all homeowners
to start taking any action needed to ensure compliance with the new
requirements in time. There is of course no need to wait until the
deadline, and improved fire safety in our homes will undoubtedly be
beneficial and in some cases life-saving.
Fire & smoke alarm rules for homes
All residential dwellings, whether owned or rented, will be required
to have:
• 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; and
• one heat alarm installed in every kitchen.
These alarms must be ceiling-mounted and interlinked.
A carbon monoxide detector is also required where there is a
carbon-fuelled appliance (such as a boiler, fire or heater) or a
flue. This does not need to be linked to the fire alarms.
There are two types of alarms that comply with the new
requirements:
1. tamper-proof long-life lithium battery alarms, which can be fitted
by individuals themselves; or
2. mains-wired alarms, which are cheaper but should be installed
by a qualified electrician and may require a building warrant for
installation in a flat.
In tenements or blocks of flats, it is not necessary for individual
properties to be linked to each other, and there is no requirement
for alarms to be fitted in communal areas such as entrance halls and
stairways.
The owner of the property is responsible for ensuring compliance,
and Local Authorities have statutory powers to deal with properties
that do not meet the tolerable standard. Private tenants may be
entitled to raise an action against their landlord at Tribunal for failure
to comply. It may be a condition of household insurance policies
that the new standards are met.
How the new fire alarm law affects selling
your home
Compliance with the new legal requirements will be important in the
context of selling your property and will be covered in the Home
Report which is made available to prospective purchasers.
Electricians and qualified trades companies will be able to advise in
individual cases, and information from the Scottish Government with
full details of the requirements, along with relevant questions and
answers, can be found on the Scottish Government website.
Further Scottish Government information on fire safety can be found
on the Safer Scotland Facebook page and on their ‘Fire safety for
home owners‘ webpage.
If you are considering selling your property and would like to speak
to one of our estate agency team, please do contact us
at property@elpamsolicitors.co.uk or 0131 312 7276.
* The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension
of Criteria) Order 2019