Smoke detector

Questions & Answers

When does the obligation apply?
For new flats, the obligation applies from the start of construction from 1 January 2013 - except for flats in special buildings in accordance with Article 2 Para. 4 BayBO, such as high-rise buildings. In these special cases, it is not the start of construction but the date of the building permit that is decisive.

Retirement and care homes, residential homes or accommodation do not fall under this special regulation for flats. However, as special buildings, these facilities may be subject to more extensive safety requirements, such as the installation of fire alarm systems.

Is there a transitional period?
Existing flats must be retrofitted accordingly by 31 December 2017. The retrofitting obligation applies to all flats for which construction began before 1 January 2013 or for which, in the case of a special building, planning permission was granted before then.

Who is responsible for installation and operational readiness?
The builders and, in the case of existing flats, the owners are responsible for the installation of smoke alarms. The owners' obligation also extends to the replacement of smoke alarms that are no longer in working order with new devices. The immediate owners are responsible for ensuring that they are ready for operation, unless the owner assumes this obligation themselves.

In the case of rented flats, it is therefore generally the responsibility of the tenants as the flat owners, for example, to change the batteries in the smoke alarms in good time.

Will there be an inspection?
There are no plans for a state inspection of the installation or recurring checks.

Where must smoke alarms be installed?
In flats, bedrooms and children's rooms as well as corridors leading to common rooms must each have at least one smoke alarm.

Smoke alarms should always be installed on the ceiling, as fire smoke always collects under the ceiling first.

In the case of open connections within the home, such as staircases over several storeys, a smoke alarm must be installed at least on the top level.

What must be considered when buying?
Smoke alarms must be CE labelled with the product standard DIN EN 14604 "Smoke alarms".
Smoke alarms are available from DIY stores, specialist electrical and fire protection retailers and other relevant specialist shops for as little as 5 euros.

How should smoke alarms be installed and operated?
Smoke alarms must be installed or fitted and operated in such a way that smoke from a fire is detected and signalled at an early stage. Precise information on location, installation and maintenance can be found in the manufacturer's instructions, which must be supplied with the smoke alarms.
However, the manufacturer's information must also be made available to the tenants so that they can carry out the inspection of the smoke alarms, which is usually required annually, and the functional test of the warning signals and, if necessary, the replacement of the batteries.

Is a possible false alarm charged?
If neighbours or passers-by call the fire brigade because they hear a smoke alarm, the emergency call will not be charged. Even if it was a false alarm.
Reimbursement of costs can only be demanded in the event of deliberate or grossly negligent false alarms from the fire brigade.

Support for the deaf
For deaf people, there are smoke alarms that are connected to flashing devices and vibrating cushions; these devices are eligible for funding under the Bavarian Housing Programme as measures to adapt living space to the needs of people with disabilities.

The subsidy can be applied for at the responsible authorisation office: for rented flats at the respective district government, for owner-occupied flats at the respective district administrative authority. A de minimis limit of 1,000 euros applies.