Smoke detector obligation 2018: These regulations apply in the federal states

1. Home
2. Living
3. Living

Created: Updated:

By: Felix Mildner, Franziska Kaindl

CommentsShare

Meanwhile, the law requires warning systems to be installed in almost all homes. This is how the federal states regulate the smoke detector obligation.

Smoke detectors should ensure that in an emergency you are quickly warned of a fire in the house or apartment and can react accordingly. They are now mandatory in all federal states - at least for new buildings. This also applies to existing apartments with the exception of Saxony. According to information from the German Tenants' Association (DMB), there are still transitional periods in Thuringia, Berlin and Brandenburg. In Bavaria, smoke detectors have been mandatory for everyone since January 1st, 2018. We will explain to you who has to pay for the smoke detectors and how you can install them.

Smoke detector obligation 2018: Warning systems must be installed in these rooms

This smoke detector obligation is defined in the respective building regulations of the federal states. They all have the same legal basis (DIN 14676), which states: "In apartments, bedrooms and children's rooms as well as corridors that lead to escape routes from common rooms must each have at least one smoke alarm device. The smoke alarm devices must be installed (or attached) and operated in such a way that Fire smoke is detected and reported at an early stage."

The alarm systems must therefore be installed in the bedroom and children's room, and if necessary also in the hallway. This rule applies in every state. The reason for this: Many are surprised by the fire while they are sleeping. This danger is to be averted with the warning devices.

The standard also applies not only to the home but also

The criteria are that the rooms must be closed off from the outside and intended for residential purposes and in which it is possible to run a household.

In some federal states such as Brandenburg and Berlin, the regulations are even stricter. Read below to find out exactly how smoke detectors are required in the individual federal states.

Smoke detector obligation 2018: Who has to pay for the costs of the smoke detector?

There are always disputes between tenants and landlords when it comes to installation and ongoing maintenance costs. Normally, the landlord is responsible for installing the smoke alarm devices. If he buys the equipment, however, he can add eleven percent of the costs to the annual rent.

The maintenance costs for smoke detectors are basically operating costs, but the tenant should not simply calculate them using the operating cost statement. If - as for example in North Rhine-Westphalia - the tenant has to take care of the maintenance, the costs may not be claimed via the utility bill.

According to the DMB, a specific agreement between tenant and landlord would be required in these cases, according to which the landlord assumes the maintenance obligations and then bills the maintenance costs incurred as part of the operating costs.

Smoke alarm requirement 2018: Baden-Württemberg

Since July 22, 2013, smoke alarms have been compulsory in Baden-Württemberg for new buildings, existing buildings and conversions. Affected are bedrooms and children's rooms as well as corridors and stairs within apartments, which are considered escape routes. On December 31, 2014, the retrofitting obligation for existing buildings ended.

As long as the owner does not take care of the maintenance of the smoke detector himself, the direct owner, i.e. resident or tenant, is responsible for it.

Section 15, paragraph 7 of the state building code for Baden-Württemberg (LBO) regulates the smoke detector requirement as follows: "Common rooms in which people are intended to sleep and escape routes from such common rooms in the same usage unit must each be equipped with at least one smoke alarm device. The Smoke alarms must be installed or attached in such a way that fire smoke is detected and reported at an early stage.Owners of existing buildings were obliged to equip them accordingly by December 31, 2014. Ensuring operational readiness is the responsibility of the immediate owners, unless the owner assumes the obligation himself."

Smoke alarm requirement 2018: Bavaria

In Bavaria, the deadline for retrofitting existing buildings ended at the end of December 2017. Smoke alarms are now mandatory in bedrooms, children's rooms and hallways of all new buildings, conversions requiring approval and existing buildings. As a rule, the tenant is responsible for the maintenance of the installed smoke detectors.

The Bavarian Building Code (BayBo) regulates the obligation in Article 46 paragraph 4: "In apartments, bedrooms and children's rooms as well as corridors leading to common rooms must each have at least one smoke alarm device. The smoke alarm devices must be installed or attached and operated in such a way that that fire smoke is detected and reported at an early stage. The owners of existing apartments are obliged to equip each apartment accordingly by December 31, 2017. Ensuring operational readiness is the responsibility of the immediate owners, unless the owner assumes this obligation himself."

Smoke alarm requirement 2018: Berlin

Smoke alarms have been mandatory for new buildings since January 2017 - existing apartments must have warning systems installed by the end of 2010. This makes Berlin one of the few federal states that are in the transition phase.

The obligation is described in more detail in Section 48 Paragraph 4 of the new Berlin State Building Regulations: "In apartments, common rooms, with the exception of kitchens, and 2nd corridors leading to the escape routes from common rooms must each have at least one smoke alarm device. The smoke alarm devices must be so installed or attached and operated so that fire smoke is detected and reported at an early stage. Existing apartments must be equipped accordingly by December 31, 2020. Ensuring operational readiness is the responsibility of the tenants or other authorized users, unless the owner assumes this obligation self."

Smoke detector obligation 2018: Brandenburg

Since July 2016, new buildings and conversions requiring approval in Brandenburg have had to have a smoke detector installed. This not only affects bedrooms and children's rooms, but all common rooms - including the living room. Smoke detectors are not mandatory in the kitchen. The deadline for retrofitting ends in December 2020.

Smoke alarm requirement 2018: Bremen

The deadline for retrofitting existing buildings in Bremen ended in December 2015. Smoke alarms are now mandatory for new buildings, conversions that require approval and existing buildings: This affects bedrooms and children's rooms, as well as corridors, which serve as escape routes. Section 48(4) of the Bremen State Building Code (LBauOHB) also regulates who is responsible for maintenance: "Ensuring operational readiness is the responsibility of the direct owners, unless the owner assumes this obligation himself."

Smoke alarm requirement 2018: Hamburg

The smoke alarm requirement in Hamburg applies to new buildings, conversions that require approval and existing buildings: Since the end of December 2010, bedrooms and children's rooms as well as corridors that serve as escape routes must be fully equipped.

Smoke alarm requirement 2018: Hesse

In Hesse, smoke alarms have been compulsory for new buildings, conversions requiring approval and existing buildings since December 2014. They must be installed in bedrooms and children's rooms as well as in corridors that serve as escape routes. Section 13 (5) of the Hessian Building Code (HBO) also states: "Ensuring operational readiness is the responsibility of the immediate owners, unless the owners have assumed this obligation."

Smoke detector obligation 2018: Mecklenburg-Western Pomerania

In Mecklenburg-Western Pomerania, too, smoke detectors must be installed in new buildings, conversions that require approval and, since December 2009, in existing buildings. They must be in bedrooms and children's rooms, as well as in corridors that serve as escape routes.

Smoke detector obligation 2018: Lower Saxony

Since the end of December 2015, bedrooms and children's rooms as well as corridors that serve as escape routes must be equipped with a smoke detector. Residents are responsible for maintaining the alarms themselves and are only exempt from this obligation if the owner takes care of it themselves.

Smoke alarm requirement 2018: North Rhine-Westphalia

The smoke alarm requirement for new buildings in North Rhine-Westphalia has been in effect since April 1, 2013. The requirement was extended to all residential buildings in the state at the beginning of 2017. The immediate owner is responsible for the maintenance of the smoke detectors in bedrooms and children's rooms, as well as corridors that lead to escape routes. The exception is if the owner has assumed this obligation himself by March 31, 2013.

Smoke alarm requirement 2018: Rhineland-Palatinate

Section 44, paragraph 8 of the Rhineland-Palatinate state building code (LBauO) regulates the smoke alarm requirement as follows: "In apartments, bedrooms and children's rooms as well as corridors must have escape routes from common rooms, each have at least one smoke alarm device. The smoke alarm devices must be installed and operated in such a way that fire smoke is detected and reported at an early stage. Existing apartments must be equipped accordingly within a period of five years after this law comes into force."

Smoke detector obligation 2018: Saarland

The obligation to retrofit smoke detectors ended on December 31, 2016. Since then, all apartments in rooms that are used for overnight stays and in corridors that represent escape routes must have an alarm.

Smoke alarm obligation 2018: Saxony

According to § 47 paragraph 4 of the Saxon Building Code (SächsBO), "lounges in which people sleep as intended, and corridors leading to these lounges" must be equipped with at least one smoke detector – unless another type of automatic smoke alarm has already been provided. This obligation has been in effect since January 2016 and applies to new buildings as well as existing buildings after "renovations relevant to building regulations".

Smoke alarm requirement 2018: Saxony-Anhalt

Saxony-Anhalt had to be retrofitted by December 2015. Since then, smoke detectors have been mandatory in new buildings as well as in conversions and existing buildings that require approval. They must be installed in bedrooms and children's rooms as well as in corridors that lead to escape routes from recreation rooms, in accordance with Section 47 (4) of the Saxony-Anhalt building regulations (BauO LSA).

Smoke detector obligation 2018: Schleswig-Holstein

In Schleswig-Holstein, the direct owner is responsible for maintaining the smoke detector - as long as the owner does not take over this. Since the end of December 2010, warning systems have had to be installed in new buildings, conversions requiring approval and existing buildings. This in turn affects bedrooms and children's rooms and corridors, which can be used as escape routes.

Smoke alarm requirement 2018: Thuringia

Since 2008, smoke alarms must be installed in bedrooms and children's rooms as well as in corridors that serve as escape routes. This is regulated in § 48 paragraph 4 of the Thuringia State Building Code (ThürBO) and applies to new buildings and conversions that require approval. Existing buildings must meet these criteria by December 31, 2018.

Deadlines and maintenance: an overview of mandatory smoke detectors in the federal states

In this table you can find out how the obligation to smoke detectors in new buildings, the obligation to retrofit existing buildings, as well as installation and maintenance are regulated in the respective federal states.

Source: immowelt.de

Smoke alarm requirement 2018: How do I attach smoke alarms?

If you want to install a smoke detector in your home, you should pay attention to a few points:

Mount smoke detectors: what are the best positions?

A smoke detector usually covers a room of 60 square meters and should always be placed in the middle of the ceiling. If the room is L-shaped and larger than 60 square meters, two smoke detectors must be installed on both sides. Even larger rooms, which are divided by partitions or other room delimiters, need their own smoke detector for each area. Open connections, such as a staircase, need a warning system at the upper level.

Smoke detector obligation 2018: Can it be checked whether a smoke detector is installed?

There are no official controls for the installation of smoke detectors in private homes, neither by authorities nor by the fire brigade. Be careful if there is someone at your front door posing as an inspector - they could be a con artist.

Smoke detector obligation 2018: How can you recognize good smoke detectors?

It is important for landlords to pay attention to the quality of the detector. These must be marked with the CE symbol and comply with the DIN standard EN 14604, as the portal immowelt.de reports. Good smoke detectors also bear the seal of VdS or TÜV. Smoke detectors are available in hardware stores, and you can also get further advice here.

Also interesting: As a tenant, you have these rights when you move out.

Also interesting

Comments