Check smoke detectors yourself, switch them off, replace them - what is allowed?

Meanwhile a mandatory device

By myHOMEBOOK | January 15, 2021 at 5:05 p.m

Smoke detectors are now compulsory in all federal states. In rental relationships, the landlord is responsible for installation and maintenance. But as a tenant, are you allowed to check the devices yourself or replace them if necessary?

In the meantime, the obligation for smoke detectors has been rolled out throughout Germany. In Berlin and Brandenburg - the last two federal states - all existing buildings had to be equipped with smoke detectors by the end of 2020. In all new buildings, however, the warning devices are already mandatory. myHOMEBOOK asked an expert whether you can also check smoke detectors yourself - or whether you can also deactivate them.

Who is liable in the event of damage if no smoke detector is installed?

If an apartment is not yet equipped with a smoke detector in 2021, there will be no penalty. In the event of damage, however, this can lead to major problems for both landlords and tenants. If there is a fire in the apartment and people are injured as a result, there may be a charge of negligent bodily harm or even death.

Note: Fire damage usually has no effect on the building or household insurance if there is no smoke detector. Because even a working smoke detector cannot prevent it from burning.

How often do you have to check smoke detectors?

"The regulations for smoke detector maintenance are regulated in smoke detector DIN 14676," explains Claudia Groetschel from the "Smoke detectors save lives" initiative of the non-profit organization Forum Brandrauchprävention e. V. at the request of myHOMEBOOK. The detectors should therefore be checked and maintained regularly in accordance with the manufacturer's instructions, but at least every twelve months.

Who is responsible for maintenance?

In nine out of 16 federal states, the tenant is responsible for checking the smoke detectors. "In the remaining federal states, the landlord or owner is responsible," says Groetschel. In these federal states, the renter must take care of the maintenance:

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But: The so-called road safety obligation - which also applies to a built-in electric stove, for example - is still the responsibility of the landlord. In the event of a dispute, this can become quite relevant. The landlord must ensure that the smoke detectors are kept operational - even if third parties take over the maintenance. "The big landlords usually do it themselves," explains Groetschel in an interview with myHOMEBOOK. Large housing associations, in particular, want to ensure that smoke detectors are properly installed in the apartments and do not rely on the tenants for this.

Can the landlord transfer the testing to the renter?

The responsibility for testing the smoke detectors can be transferred from the landlord to the renter by agreement. "And overall, the responsibility always lies with the landlord," explains Groetschel. This must ensure that the maintenance is carried out professionally.

But third parties, i.e. external service providers, can also be assigned the maintenance. The landlord can thereby ensure that the installation and testing of the detectors is carried out professionally. The landlord has less effort and can also reduce his liability risk through the transfer.

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How to check the smoke detector

According to the fire smoke prevention forum, the functionality of the smoke detector can be checked in just a few steps. As a rule, the landlord or the property management takes care of this, insofar as control has not been transferred to the tenant. "Tenants can check whether their detectors are working properly during the year by pressing the test button," says Groetschel. However, the building regulations of the federal states determine who is responsible for this and who is therefore also responsible.

Important: Document when and how you serviced the smoke alarm. You should also look at the instructions for use and follow the manufacturer's instructions. How to proceed with the maintenance of the smoke detector:

Replacing the batteries in the smoke detector

If the battery in the smoke detector is empty, it must be replaced promptly. Look for the “Q” seal of quality on the smoke detector. If it is not on the device, the battery usually has to be replaced regularly according to the manufacturer's instructions. However, if there is a “Q” on the smoke alarm, it is a 10-year battery. If you still hear a beep, you have to replace the entire smoke detector.

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Can you turn off the smoke detector?

The smoke detector usually has no "OFF button" because it should be ready to indicate a fire at any time. However, there are detectors with a mute switch, for example for the kitchen, as Groetschel knows: "These can be temporarily muted in the event of an alarm, they then reset themselves and are ready for use again after a short time."