Smoke detectors: some information about the legal situation in Germany

Why canaries love smoke alarms?

One dead canary was too unsafe. The alarm didn't go off until both canaries fell. That's how macabre it was, the smoke detector of 1894. In the event of a fire, the birds would fall from their perch, stunned by smoke gases or killed by the heat. This completes a circuit and sets off the alarm.

Thankfully, butter replaced canaries in the 20th century. The butter lay between two metal contacts. As it melted in the event of a fire, the contact closed and triggered an alarm.

We don't need canaries or butter for today's smoke detectors. However, the smoke detector itself is far from obsolete. In Germany, more than die every year 300 people from fires. Although the number has been declining since 1990, it appears to be stagnating. Smoke detectors help to (hopefully) reduce the numbers

Posts in this series

The following articles have appeared in this series on the topic of smoke detectors:

• Purchase of smoke detectors;
• installation of smoke detectors;
• maintenance of smoke detectors;
• errors with smoke detectors.

Why are smoke detectors useful?

The little things are actually called "smoke alarm devices". However, the term "smoke detector" has become common, which I will therefore use in the following. Smoke detectors are useful because there is usually a fire at night. During sleep, the sense of smell pauses, you won't smell the smoke from the fire. This is the reason why almost all fire deaths died from smoke inhalation. After a few breaths, the sleeping person loses consciousness and can no longer escape. You can only smell bad when you sleep, but you can hear well. The smoke detector therefore protects you and your family while you are sleeping by waking you up with its alarm.

Legal situation

Who checks if you have smoke detectors?

So far only scammers. Please be careful if someone comes unannounced to your home to check smoke detectors. Building authorities may check this according to the respective state building regulations. But without reasonable suspicion, this is currently not practiced. Even the fire brigade does not check whether you are complying with your legal obligations.

Article 13 of the Basic Law protects your home: "The home is inviolable." In your rented apartment or in your detached house you don't have to fear any controls at the moment. It is different if you are a landlord. If one of your tenants reports to the building inspector that there are no smoke detectors in your rented accommodation, the building authority can inspect the building. In the Weser Kurier you will find a report on how the Bremen authorities handle such cases.

The same applies to new buildings and larger conversions. The building authority or the architect accepts these and must ensure that the buildings comply with the building regulations. This also includes a sufficient number of smoke detectors.

What happens if no smoke detector is installed?

In the event of damage, the owner is liable. Check your homeowners insurance and contents insurance. You have probably signed that you will comply with "all legal, official and contractually agreed safety regulations". This includes the smoke detectors.

Smoke detectors are very cheap. To ensure that the insurance company does not reduce your benefits in the event of a fire, I strongly recommend that you comply with your legal obligation.

Are fines possible if no smoke detector is installed?

Yes, fines are possible. There is a report in of the daily newspaper "Welt" from 2015. According to this, a landlord in Lower Saxony has to pay a fine of 50,000 euros in the worst case if a tenant reports to the building inspection that smoke detectors are missing in the apartment.

Are there penalties for not installing a smoke detector?

Yes, there are penalties if smoke detectors are not installed and there is a fire. The daily newspaper "Welt" quotes the Bremen Justice Senator. If a smoke detector could have prevented a death, the owner faces up to five years in prison for negligent homicide.

Who must install the smoke detectors?

The owner or landlord must install the smoke detectors themselves or commission a specialist company to do so.

How many smoke detectors must there be in the apartment or house?

In all federal states, you must install smoke detectors in at least these rooms:

• In each bedroom;
• in the children's rooms;
• in the corridors that serve as escape routes from a lounge.

Some federal states require more:

• Berlin and Brandenburg: smoke detectors are mandatory in all common rooms.
• Baden-Württemberg: smoke detectors must be installed wherever people sleep "as intended".

How many smoke detectors do you need?

In rooms up to 60 m² in size, one smoke detector is usually sufficient. Unless the room is L shaped or has partitions. You can find further information in the article installation.

Who has to change the batteries in the smoke detector?

Each state has its own regulations. In some countries the tenant is responsible, in others the landlord.

Can a landlord pass on the cost of smoke alarms to tenants?

Your landlord can pass on the costs of buying the smoke detectors and installing them by increasing the cold rent proportionately. The maximum annual increase is 11% of the total cost of smoke detectors.

Your landlord can also pass on the costs for maintenance to your additional costs or operating costs. This only applies if the landlord maintains the equipment himself or has commissioned a service provider to do so.

Do tenants have to tolerate the installation of smoke detectors?

Yes, you must allow smoke detectors to be installed in your home. Your landlord must comply with his legal obligation.

Standards for smoke detectors

Application standard DIN 14676

The measure of all things for smoke detectors in private rooms is the DIN 14676. Their full name is a little longer: "Smoke alarm devices for residential buildings, apartments and rooms with apartment-like use - Part 1: Planning, installation, operation and maintenance".

This norm is important for you if you live in a family house or in an apartment. It also applies if you have a guest house with fewer than 12 guest beds and for garden houses and gazebos. Among other things, it describes how and where to install smoke detectors.

Product standard EN 14604

The product standard EN 14604 regulates what the smoke detector has to do. Since August 1, 2008, you can only buy smoke detectors in Germany that have a CE mark. This guarantees that the smoke detectors meet the requirements of the EN 14604 standard.

In a nutshell: summary of the main points

• Install smoke detectors. Otherwise, in the worst case, you could be prosecuted in the event of a fire. Your insurance can also reduce the benefit.
• Install smoke detectors in at least the bedrooms, children's rooms and escape routes.
• When buying a smoke alarm, look for the CE mark.
• Your landlord may pass on the cost of buying and maintaining the smoke detectors to you.