The legal requirement � Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/547), set out the minimum alarm requirements for all private rented properties in England. The 2022 amendment came into force on 1 October 2022 and significantly expanded the carbon monoxide alarm obligation.
The requirements apply to all private sector landlords in England, including HMO landlords (subject to additional HMO-specific obligations � see below), lodger landlords, and holiday let landlords where the property is also used as a private dwelling.
Smoke alarm requirements � detail
- Location � every storey used as living accommodation: At least one working smoke alarm must be fitted on every storey of the property that is used as living accommodation. 'Living accommodation' includes bedrooms, living rooms, kitchens, bathrooms, and landings on upper floors
- Ceiling-mounted: Smoke alarms must be ceiling-mounted (not wall-mounted) for effective coverage. Position away from kitchens and bathrooms to reduce false alarms � a hallway ceiling or landing ceiling is the standard position
- Working at start of tenancy: The landlord must ensure alarms are in working order at the start of each new tenancy. Test by pressing the test button � record the test date and result in a written property condition report signed by the landlord or agent
- Type of alarm: Ionisation alarms (the older technology, detects flaming fires) and optical alarms (detects slow, smouldering fires) are both compliant with the Regulations. Combination alarms are available and provide broader coverage. The Regulations do not specify a technology requirement � any alarm of an appropriate grade for the property type is compliant
Carbon monoxide alarm requirements � detail
- Every room with a fixed combustion appliance: A CO alarm must be installed in every room that contains a fixed combustion appliance. This includes gas boilers, gas fires, solid fuel stoves, oil-fired heaters, and open fireplaces where solid fuel is burned
- Exemption for gas cookers: A gas cooker alone in a kitchen does not require a CO alarm � cooking appliances are excluded. However, if the kitchen also contains a gas boiler or a gas fire, a CO alarm is required
- Electric appliances � no CO alarm required: Electric heaters, electric cookers, and electric boilers do not produce carbon monoxide and do not require a CO alarm
- Electrochemical CO sensors: The Regulations do not specify sensor technology but industry best practice is electrochemical CO sensors, which are more accurate and reliable than older electrochemical versions. Ionisation-type CO detectors are not recommended
- Battery or mains-powered: Both battery-operated and mains-wired CO alarms with battery backup are compliant. Mains-wired alarms with sealed battery backup are the most reliable installation for the landlord's long-term obligations
If your rental property has a wood-burning stove or an open fireplace used for solid fuel burning, a CO alarm in that room is mandatory. It must be in place before the first tenancy commences in the property. This is a common compliance gap identified in enforcement surveys.
HMO additional fire detection requirements
HMOs (houses in multiple occupation) must meet additional fire detection requirements over and above the standard Smoke and Carbon Monoxide Alarm Regulations. HMO licence conditions typically specify the fire detection grade required based on the HMO category:
- Grade D LD2 � small HMOs (category 1�3, up to 4 occupants): Interlinked mains-powered smoke alarms with battery backup in all habitable rooms and circulation areas, plus heat detector in the kitchen
- Grade D LD1 or Grade A � larger HMOs (4+ occupants): Full coverage of every room and circulation space, interlinked, mains-powered with battery backup. Heat detector in kitchen and any room with naked flame appliances
- Fire doors: FD30S fire doors (30-minute fire resistance with self-closer and smoke seal) to all bedroom doors and to the kitchen in larger HMOs. Check the HMO licence conditions for the specific requirement for your property
- Emergency lighting: Required in circulation areas (hallways, staircases) in HMOs with multiple storeys
Tenant repair requests � landlord obligations
Where a tenant reports a faulty smoke alarm or CO alarm:
- Respond to the report promptly in writing � acknowledge receipt and confirm you are arranging repair or replacement
- Inspect the alarm to determine whether the fault is a battery issue (tenant's responsibility after start of tenancy) or a unit fault (landlord's responsibility)
- Replace faulty units as soon as reasonably practicable. The local authority can serve a remedial notice requiring compliance within 28 days if the landlord does not act
- Document the repair � date reported, action taken, new alarm installation date and model. This record is essential for any enforcement action
Include smoke alarm and CO alarm testing in every routine property inspection (at least annually, quarterly for HMOs). Date-stamp the test record and include it in the inspection report. This demonstrates ongoing compliance rather than only first-day compliance.
Civil penalties for non-compliance
If a landlord fails to comply with the Smoke and Carbon Monoxide Alarm Regulations, the local authority can serve a remedial notice requiring the deficiency to be remedied within 28 days. If the notice is not complied with, the local authority can:
- Arrange for the required work to be done and recover the costs from the landlord, plus
- Impose a civil penalty of up to �5,000
- Failure to have working alarms is an aggravating factor in any prosecution following a fire or CO incident at the property
Sources
- Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (legislation.gov.uk)
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (legislation.gov.uk)
- gov.uk: Smoke and carbon monoxide alarms � explanatory booklet for landlords
This guide is accurate as at 31 May 2026. It is provided for information purposes only and does not constitute legal advice.