Carbon monoxide rules for solid fuel appliances

Why it matters

Non-compliance with carbon monoxide alarm regulations carries substantial risks including potential fines from the local authority, civil liability for tenant injury or death, and even criminal prosecution in severe cases. Beyond legal ramifications, ensuring these alarms are correctly installed and maintained protects tenants from a silent, odourless, and potentially fatal gas. This also safeguards your property from potential damage and helps maintain its value and insurability.

Legal requirements

• A carbon monoxide alarm must be fitted in any room used as living accommodation which contains a fixed solid fuel burning appliance.
• The landlord must ensure the carbon monoxide alarm is in proper working order at the beginning of each new tenancy.
• Alarms should be tested and maintained in accordance with manufacturer's instructions.
• Landlords should check and record that alarms are functional during routine property inspections.
• In Scotland, carbon monoxide alarms are required in all rooms with a fixed combustion appliance, excluding gas cookers, in properties rented under a private residential tenancy.
• In Wales, landlords must ensure the satisfactory operation of carbon monoxide alarms in any room with a fuel burning appliance.
• In Northern Ireland, a carbon monoxide alarm must be provided where there is a new or replacement combustion appliance fitted, other than a gas cooker.
• Tenants are responsible for testing alarms during their tenancy and reporting any faults to the landlord.
• Landlords must respond promptly to reports of faulty alarms and arrange for their repair or replacement.
• It is good practice to provide tenants with clear instructions on how to test their carbon monoxide alarms.

Common mistakes

• Not installing a carbon monoxide alarm where a solid fuel appliance exists, such as a log burner.
• Installing an alarm in the wrong location, rather than in the same room as the solid fuel appliance.
• Failing to check that the alarm is in working order before a new tenancy begins.
• Assuming the tenant will purchase and install their own alarm.
• Neglecting to respond to a tenant's report of a faulty or expired carbon monoxide alarm.
• Not understanding the specific requirements for different devolved nations, assuming one rule applies across the UK.
• Failing to keep records of alarm installation and testing dates.
• Using battery-operated alarms without checking their battery life or replacement schedule.

Practical guidance

• Identify all properties in your portfolio containing fixed solid fuel burning appliances.
• Purchase certified carbon monoxide alarms, ideally those that comply with British Standard EN 50291.
• Install alarms in the same room as each solid fuel burning appliance, following manufacturer's instructions for placement.
• Ensure alarms are tested and confirmed working before any new tenancy commences, keeping dated records of this check.
• Provide tenants with the alarm's instruction manual and explain their responsibility for testing during the tenancy.
• Include clauses in the tenancy agreement outlining tenant responsibilities for reporting faulty alarms.
• Conduct regular property inspections, typically every six to twelve months, to visually confirm alarms are present and functioning.
• Arrange for annual chimney sweeping and appliance servicing by a qualified professional for solid fuel appliances.
• Establish a clear process for tenants to report faulty alarms and for you to arrange prompt repair or replacement.
• Stay informed about any changes to carbon monoxide alarm regulations, especially when new legislation is introduced or existing rules are amended.

England's Specific Regulations

In England, the primary legislation governing carbon monoxide alarms in rented properties is the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended. These regulations mandate that a carbon monoxide alarm must be fitted in any room used as living accommodation which contains a fixed solid fuel burning appliance. This includes open fires, log burners, and multi-fuel stoves. The landlord must ensure the alarm is in proper working order on the day a new assured tenancy or periodic tenancy commences. While the regulations do not place a legal responsibility on the landlord to check alarms during the tenancy, it is best practice to do so during routine inspections. Tenants are responsible for testing alarms and reporting any faults to the landlord, who must then act promptly to repair or replace them. Failure to comply can lead to a remedial notice from the local housing authority, and potentially a penalty charge up to a specified maximum if the notice is not complied with.

Wales' Carbon Monoxide Alarm Requirements

Wales has its own specific legislation under the Renting Homes (Wales) Act 2016, which came into force in December 2022. Under the Fitness of Homes (Wales) Regulations 2022, landlords must ensure a working carbon monoxide alarm is present in any room that contains a fuel burning appliance, including solid fuel appliances. This requirement extends to all types of fuel burning appliances, with the exception of gas cookers. Landlords are obligated to ensure the alarm is in proper working order at the start of and throughout the contract. Unlike England, the Welsh legislation places a continuous duty on landlords to maintain the satisfactory operation of these alarms. This means regular checks are crucial, beyond just the start of a new occupation contract. Local authorities can enforce these requirements, and non-compliance can affect a landlord's fitness for registration or lead to enforcement action.

Scotland's Strict Approach

Scotland's regulations for carbon monoxide alarms are among the most comprehensive. Under the Housing (Scotland) Act 2014, and subsequent amendments, landlords are required to fit carbon monoxide alarms in all rooms that contain a fixed combustion appliance, regardless of the fuel type, with the specific exemption of gas cookers. This applies to properties rented under a private residential tenancy. These alarms must be interlinked where possible and meet relevant British Standards. The Scottish Government's guidance for private landlords specifies where alarms should be placed, generally on the ceiling, and that they must be tested and maintained according to manufacturer instructions. The ‘Repairing Standard’ places a clear duty on landlords to ensure the property meets certain safety standards, including the provision and maintenance of carbon monoxide alarms. Local authorities are responsible for enforcement, and landlords can face significant penalties for non-compliance.

Northern Ireland's Carbon Monoxide Rules

In Northern Ireland, the rules surrounding carbon monoxide alarms for rented properties are linked to the installation or replacement of combustion appliances. The Building Regulations (Northern Ireland) 2012 require that where a new or replacement fixed combustion appliance is fitted, other than a gas cooker, a carbon monoxide alarm must also be provided. While this regulation primarily focuses on new installations, best practice for landlords in Northern Ireland is to install carbon monoxide alarms in any room with a solid fuel burning appliance. Although there isn't a direct equivalent to the broad 'Smoke and Carbon Monoxide Alarm Regulations' found in England, landlords still have a duty of care to their tenants. Providing carbon monoxide alarms is a fundamental aspect of ensuring tenant safety and aligns with wider health and safety obligations. Local councils can investigate complaints relating to unsafe housing conditions.

Placement, Testing, and Maintenance Best Practices

Correct placement and regular testing are crucial for carbon monoxide alarms. Alarms for solid fuel appliances should be installed in the same room as the appliance, typically on the ceiling or wall, following the manufacturer’s instructions. Avoid placing alarms too close to cooking fumes, windows, or vents. Landlords must ensure the alarm is working at the start of each new tenancy. While tenants are generally responsible for testing alarms during the tenancy, landlords should advise them on how to do this correctly, ideally monthly. It is recommended to log all checks, repairs, and replacements of alarms. Ensure alarms are replaced according to their expiry date, usually indicated on the unit itself. Refer to our detailed guide on Carbon Monoxide Alarm Placement and Testing for more information. Regular servicing of solid fuel appliances and chimney sweeping are also vital for preventing carbon monoxide leaks.