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The obligation to install smoke detectors
The installation of a DAAF (Autonomous Smoke Detector) is outside the provisions of article R142-2 of the Construction and Housing Code :
“ Each dwelling, whether it is in an individual dwelling or in a collective dwelling, is equipped with at least one standardized smoke detector.
The detector is powered by batteries or operates from the electrical supply of the accommodation, provided in this case that it is equipped with an emergency power supply capable of taking over in the event of an electrical malfunction.
The smoke detector must:
1° Detect the smoke emitted from the start of a fire;
2° Immediately emit a sound signal sufficient to wake up a sleeping person in the only dwelling where the detection took place.
A joint order of the ministers in charge of construction and civil security sets the terms of application of this article. »
Article R.142-3 of the same code specifies that:
The responsibility for the installation of the standardized smoke detector mentioned in article R. 142-2 lies with the owner and the responsibility for its maintenance, as well as, if necessary, its renewal lies with the occupant of the dwelling. If the accommodation is rented, the owner ensures the proper functioning of the detector when establishing the inventory mentioned in Article 3-2 of Law No. 89-462 of July 6, 1989 tending to to improve rental relationships and amending law no. 86-1290 of December 23, 1986 .
However, this responsibility for installation, maintenance and renewal rests with:
1° to the owner for seasonal accommodation, the residential accommodation mentioned in Article R. 832-20 which is managed by the owner or by a body other than those mentioned in Article L. 365-4 , hotel residences for social purposes, housing allocated or rented for the exercise of a function or employment and furnished rentals;
2° to the approved organizations mentioned in Article L. 365-4 carrying out rental intermediation and social rental management activities for the residential accommodation and family accommodation managed by these organizations. »
Then, it is necessary to distinguish according to whether the dwelling is occupied by the owner himself or by a tenant.
Concerning the occupant-owner, the latter must buy and install a smoke alarm himself.
Concerning the tenant who already occupies the accommodation, he can either buy and install the smoke detector and then be reimbursed by the owner, or the owner provides the detector directly to the tenant who is responsible for installing it in the accommodation. This emerges from article 3 of Law no. 2014-366 of March 24, 2014 which specifies that:
“For accommodation occupied by a tenant at the time of entry into force of article 1 of law no. 2010-238 of 9 March 2010 aimed at making the installation of smoke detectors compulsory in all places housing, the obligation of installation made to the owner is satisfied with the supply of a detector to his tenant or, if he wishes it, of the refunding to the tenant of the purchase of the detector. »
If the tenant enters the premises from March 9, 2015, then it is up to the owner to purchase and install the smoke detector.
Smoke detector obligation
As for the upkeep and maintenance of the smoke detector, they are the responsibility of the person occupying the accommodation, with the exception, however, of seasonal rentals, accommodation in hostels, hotel residences for social purposes, staff accommodation and rental housing. furniture. In such cases, maintenance and upkeep is always the owner’s responsibility.
Finally, it is up to the occupant of the accommodation to make the declaration to the insurer, that is to say either to the tenant or to the owner occupying his accommodation.
Model declaration to the insurer:
“I, the undersigned …………………………………………………………………………………………… ……… (surname, first name of the insured), holder of the contract n° ………….………………………………… (number of the contract of the insured) certifies having installed a smoke detector standardized to …………….. (address of the insured) in accordance with standard NF EN 14604.”
Consequently, the real estate agency mandated by the owner to manage his property fulfills its obligations when it has provided smoke detectors to the tenants already occupying the accommodation it manages .
Law firm DAMY-Real estate law-2016
