News — 21 Oct 2026
Smoke Alarm Legislation Changes 2026
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 are now actively enforced across England, with civil penalties being issued to non-compliant landlords with increasing frequency in 2026. Here is what is required, who bears the duty, and what has changed in the enforcement landscape.
2026 enforcement picture
Local councils are the enforcement authority for the smoke alarm regulations — and in 2026, penalty notices are being issued with greater regularity following DLUHC guidance clarifying the 6-month limitation period for issuing penalties. Landlords with multiple properties cannot rely on "we were not aware" — the duty to comply is strict, not knowledge-dependent.
Summary of requirements
| Requirement | Applies to | Penalty |
|---|---|---|
| Smoke alarm on every floor used as living accommodation | All private rented premises in England | Up to £5,000 civil penalty |
| CO alarm in any room with a fixed combustion appliance (gas boiler, open fire) | All private rented premises in England | Up to £5,000 civil penalty |
| Test all alarms on the first day of every new tenancy | Private landlords — responsibility is landlord's, not tenant's | Included in above penalty regime |
| CO alarm in any room with a solid fuel appliance | Social housing — added October 2022 | Enforcement by relevant authority |
| Smoke alarm where CO alarm required (combined provision) | All premises with CO alarm requirement | Both alarms required — not interchangeable |
What this means practically for landlords
A private landlord in England who has not checked their properties for compliance since October 2022 should now conduct a full audit: confirm a smoke alarm is present on every floor used for living accommodation; confirm a CO alarm is fitted in any room with a fixed combustion appliance; and document the alarm tests carried out at the start of each tenancy. Records should be kept — a dated test record or a clause in the tenancy agreement confirming the test was conducted on a specific date provides evidence if challenged.
For the full landlord duty framework including fire risk assessment and HMO requirements, see our fire safety for renters guide and our Fire Safety Act 2022 article.
Tenant rights under the regulations
Tenants who discover a non-working smoke or CO alarm should report it to the landlord in writing (email is sufficient). If the landlord does not repair or replace within a reasonable time (typically 28 days, or immediately for a CO alarm), the tenant can report to the local council, which can issue a remedial notice. The council can carry out the work and recover costs from the landlord if they do not comply with the notice. For alarm testing guidance, see our smoke alarm testing guide.
Frequently asked questions
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