Smoke alarms: Shrill lifeguards become roommates

These are small, inconspicuous devices that don't take up any space, but can save lives under certain circumstances: smoke alarm devices. They are already hanging from the ceiling in most apartments and houses – in some cases for almost ten years. In Berlin and Brandenburg, however, this was not yet mandatory. According to the Berlin Building Code, smoke alarm devices have been required to be installed for new buildings and conversions since January 1, 2017. But on January 1, 2021, smoke alarms must also be installed in existing buildings in Berlin (and Brandenburg). Until now, there was still a transitional period. In May, after the first wave of the corona pandemic, the Berlin FDP called for the installation deadline for smoke alarm devices to be extended by one year. But December 31, 2020 is still the deadline. The important questions at a glance:

Where should smoke alarms be installed?

In principle, smoke alarms must be installed in every bedroom and children's room, as well as in corridors that serve as escape routes. Even in owner-occupied properties, owners are subject to the legally regulated smoke detector obligation. In the federal states of Berlin and Brandenburg, a smoke detector must also be installed in every living room and study. “Basically, one smoke detector is sufficient for a room of around 60 square meters. This should be attached to the center of the ceiling," says Matthias Klauser, Chief Revenue Officer of the real estate agency McMakler. Smoke detectors are not mandatory in kitchens, as cooking and baking often cause false alarms. However, a smoke detector can be installed here for additional security. In this case, wall installation is an advantage.The smoke alarm devices must therefore be installed once in every room in the apartment, with the exception of the kitchen and the bathroom or toilet.

Alternatives to the acoustic smoke alarm device

As an insurance company, Huk-Coburg points out that there are smoke alarm devices with a flashing light or with a vibration function especially for people who are hard of hearing. The vibration module can be placed under the pillow at night, for example, and thus warns in good time if smoke is developing.

Who installs and maintains smoke detectors?

The owner and therefore usually the landlord of a building is responsible for installing a smoke detector. "Ensuring that the smoke detectors are operational is primarily the responsibility of the tenants, unless the owner takes on this task himself," says Volker Herrmann, a lawyer with Taylor Wessing in Berlin. According to the Berlin Tenants' Association, the Berlin Building Code places responsibility for ensuring operational readiness (maintenance) on the tenant. In general, smoke detectors have a life expectancy of around ten years. The replacement obligation is subject to the owner or the landlord. If the smoke detector is not installed by the end of the transitional period, there is a defect in the rented property as well as a condition that violates building regulations, the removal of which can be requested by the building control authority. "If the owner does not take action despite a corresponding request, the authorities can enforce the installation of a smoke detector with coercive measures," says the lawyer. The installation of smoke alarms is to be tolerated by the tenant - if he has already equipped the apartment with smoke alarms. "Should the landlord not carry out this installation, the tenant should request him to do so by setting a deadline," says the Berlin lawyer Alexander von Aretin (law firm GvW Graf von Westphalen). Alternatively or additionally, the tenant can also inform the building regulations office of his responsible district office about the violation of § 48 Para. 4 BauO by his landlord.

Which devices are of high quality?

The experts advise paying attention to the quality and seal of approval when buying a smoke alarm device. You are therefore on the safe side with the “Q” seal. This is a seal of quality from the Fire Smoke Prevention Forum. It stands for safety, durability and quality. Good smoke detectors for the home can be bought for just under 20 euros: In a study by Stiftung Warentest, 13 of the 17 devices tested were rated “good”. Among them were 3 radio networkable smoke detectors, which are more expensive at around 70 to 85 euros, the foundation reports in its magazine “test” (Issue 1/2021). At the top of the list of results are five standard models: Abus RWM150 (around 19 euros), Hekatron Genius Plus Edition (22 euros), the Busch-Jaeger Professional Line 6833-84 and the Ei Electronics Ei650 (each 25 euros) as well as the Cavius ​​2007- 004 (around 30 euros). The Cavius ​​2007-004 is a particularly loud model, according to the foundation. All of these devices received a rating of "good" (overall rating: 1.9). The devices should be replaced after ten years.

Who is liable in the event of a fire?

If a fire breaks out in the absence of a smoke detector, the owner may be liable for the damage caused due to the violation of a traffic safety obligation, at least insofar as the fire would not cause such damage if a smoke detector had been installed. "How missing smoke detectors affect the regulatory behavior of insurers depends on the individual case," says the Berlin lawyer Volker Herrmann (commercial law firm Taylor Wessing). While some insurers have publicly stated that they do not want to rely on a possible lack of a smoke detector in the event of a claim, fire insurance policies regularly include a provision according to which the policyholder is obliged to observe statutory, regulatory and contractual safety regulations. "In the event of an intentional or grossly negligent breach of this obligation, the insurer may release or reduce benefits," says Herrmann. In the worst case, there could even be criminal consequences in the event of damage if people were injured in a fire. "In the event of a fire, building liability insurance can reduce its benefits to the landlord/owner if the latter has not installed a smoke alarm device in violation of the law," says von Aretin. "The behavior of the tenant may also play a role here, but only marginally, since the assessment of the building insurance depends on the behavior of the landlord as the obligated policyholder."

Do tenants have to pay for the installation?

"Yes," says the Berlin Tenants' Association. According to § 559 paragraph 1 BGB, the landlord can increase the annual rent by 8 percent of the costs incurred for the installation of the smoke alarm device.

More on the subject

Even if the law has not yet been finally clarified The Haus & Reason Germany on the pragmatic approach: "It makes sense to talk to the tenant about the smoke alarm devices and their maintenance," says Julia Wagner, legal officer at Haus & Reason Germany. (with dpa)