All German federal states require smoke detectors in private residences. The law is enshrined in the respective state building codes of the 16 federal states. The smoke detector requirement applies to both new and existing buildings. Only in Saxony is there no requirement to retrofit existing buildings with smoke detectors.
As of December 31, 2020, the transition period for existing buildings will also end in the federal states of Berlin and Brandenburg. Starting January 1, 2021, smoke detectors must finally be installed there as well. “Buildings must be designed, constructed, modified, and maintained in such a way as to prevent the outbreak of a fire and the spread of fire and smoke (fire spread) and to ensure that, in the event of a fire, the rescue of people and animals as well as effective firefighting operations are possible,” states, for example, the Berlin Building Code.
DIN 14676 – the product standard for all smoke alarms in Germany
The requirement to install smoke detectors applies nationwide throughout Germany. As mentioned at the beginning, Saxony is the only state where smoke detectors do not need to be retrofitted in existing buildings. The German smoke detection systems are based on the DIN 14676 standard, which governs the planning, installation, operation, and maintenance of smoke detection systems and residential smoke detectors.
Smoke, heat, or multi-criteria detectors for various rooms and spaces
Generally speaking, a smoke detector is designed for a room measuring approximately 60 square meters. Smoke detectors must be installed in all children’s rooms, bedrooms, and living areas, as well as in hallways that serve as escape or rescue routes from these living areas. Bathrooms and kitchens, as well as garages, attics, and basements, should not be equipped with standard smoke detectors. This would not be effective due to the constant presence of dust, smoke, or steam, which could trigger false alarms. In these areas, heat detectors are used to sound the alarm in the event of a rapid rise in temperature. Special devices, such as multi-criteria detectors, can even distinguish between water vapor in the kitchen and dangerous smoke.
As long as it beeps? No, smoke detectors can be stylish, too!
Common smoke detectors are typically round, stand-alone units with a built-in battery, sometimes a long-life battery. The alarm volume is regulated at 85 dB(A), but the tone and frequency are not subject to any legal requirements. In addition to the often uniform standard models, smoke detectors are now available in distinctive designs. Some manufacturers, such as Pyrexx or Jalo, develop attractive designer models that, adorned with Swarovski crystals or shaped like a moth, look like home decor accessories hanging from the ceiling. In the age of smart homes, it goes without saying that wireless smoke alarm systems are network-compatible and that their alarms can be received via an app even when you’re away from home—whether at work or out shopping.
Smoke detectors in living areas only make sense when installed on the ceiling
Smoke detectors must be mounted on the ceiling and, ideally, in the center of the room, because smoke always rises. They should be mounted at least half a meter away from walls, light fixtures, cabinets, beams, or other furnishings so that the smoke can actually be detected by the detectors early on.
Landlords Must Install (or Have Installed) Smoke Alarms
The requirement to install smoke alarms applies to both apartments and single-family homes. The owner is required to install them or have them installed if he or she does not live in the property. However, the landlord must be able to ensure that the smoke detector requirement is actually being met. An annual functional check is mandatory, and batteries—unless they are long-life batteries—should also be replaced once a year or according to the manufacturer’s instructions.
They must be in working order, so smoke alarms need to be maintained regularly. Who does that?
According to Forum Brandrauchprävention e.V., the landlord is always obligated to keep the smoke detectors—whether installed by the landlord or by external service providers—in working order. This means the landlord must perform regular maintenance. This obligation under tenancy law takes precedence over any conflicting provisions regarding responsibility for the maintenance of smoke detectors in individual state building codes.
However, the tenant may assume responsibility for maintenance. If necessary, a transfer of maintenance responsibility from the landlord to the tenant must be formalized in a contract. The landlord must ensure that maintenance is performed properly and in accordance with regulations. In many cases, external companies handle the maintenance of all smoke detectors installed in a household. The landlord may allocate the maintenance costs to the annual operating expenses.
