Smoke and CO alarms: the 2022 amendment, room by room

· 5 min read

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 were amended in 2022, and the amendment is the part most landlords have not absorbed. It took effect on 1 October 2022.

What the rules are now

Smoke alarms

At least one on every storey used wholly or partly as living accommodation. A storey with only a bathroom or a landing still counts if any part of it is living accommodation. Loft conversions and cellars in use count as storeys.

Carbon monoxide alarms — the 2022 change

In every room used as living accommodation containing a fixed combustion appliance, other than a gas cooker.

Before 2022 the CO duty applied only to solid fuel appliances — a wood burner or an open fire. The amendment extended it to gas boilers, gas fires and oil boilers. That is the change, and it is the one that catches people: a flat with a gas boiler in the kitchen needed no CO alarm in 2021 and needs one now.

The gas cooker exclusion is narrow. A gas cooker is excluded; a gas boiler or fire in the same room is not.

Repair

You must repair or replace an alarm as soon as reasonably practicable once told it is faulty. Practically, that means the day the tenant tells you, and it is why the report date matters — the same principle as Awaab's Law.

At the start of a tenancy

Alarms must be tested and working on the first day of the tenancy. Not installed — working, and checked.

The penalty

A local authority serves a remedial notice; failure to comply attracts a civil penalty of up to £5,000. It is a civil penalty with a real ceiling, untouched by LASPO — see why legislation.gov.uk shows the wrong fine.

The greater exposure is not the £5,000. A working alarm is a standard condition of almost every HMO and selective licence, so a missing one breaches the licence too — a second, separately punishable failure under s.249A.

Wales

The 2015 Regulations as amended are England. In Wales the equivalent duties come through the Renting Homes (Wales) Act 2016 fitness for human habitation requirements, which require working smoke alarms on each storey and CO alarms where there is a combustion appliance. The practical standard is close; the instrument is different.

A five-minute audit

  1. Count storeys with living accommodation. One smoke alarm each, minimum.
  2. Walk every room. Fixed combustion appliance that is not a gas cooker? CO alarm.
  3. Check the boiler room specifically — the commonest gap since 2022.
  4. Test at every tenancy start and record the date.

Keep the record per property. Landlord HQ tracks obligations and dates so the evidence exists before anyone asks. See what it costs.

Information tool, not legal advice.

Common questions

Do I need a CO alarm with a gas boiler?

Yes, in England, since 1 October 2022. The 2022 amendment extended the duty from solid fuel appliances to all fixed combustion appliances other than gas cookers, so a room containing a gas boiler or gas fire needs a carbon monoxide alarm.

How many smoke alarms does a rental property need?

At least one on every storey used wholly or partly as living accommodation. Loft conversions and cellars in use count as storeys.

Is a gas cooker excluded from the CO alarm rule?

A gas cooker is excluded, but the exclusion is narrow. A gas boiler or gas fire in the same room is a fixed combustion appliance and does require a CO alarm.

What is the penalty for missing alarms?

The local authority serves a remedial notice, and failure to comply attracts a civil penalty of up to £5,000. A working alarm is also a standard licence condition, so a missing one can breach the licence separately.

Sources

Figures about our own council records are computed when this page is built, so they cannot drift from the database. Information tool, not legal advice.

Read next

Gas safety: the CP12, reg 36, and what happens the day it lapses6 min readEICR rules: the 5-year cycle, C1/C2/C3 codes, and the 28-day clock7 min readHMO conditions breaches: the fines nobody prices in6 min readAwaab's Law in the private sector: the timescales that now bind landlords6 min read

Check a specific property. Look up your council's licensing position across all 318 councils, run the free compliance check — five questions, no sign-up — or check a document with the tenancy agreement checker.