A boiler is a fixed combustion appliance, so it can trigger a legal duty on a landlord to fit a carbon monoxide alarm. This guide summarises the government’s guidance booklets for landlords and for local authorities on the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 as amended in 2022. It covers England only and is general information, not legal advice on a particular tenancy.

What the rules require

The landlord booklet says the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 came into force on 1 October 2022. From that date relevant landlords must ensure at least one smoke alarm is equipped on each storey used as living accommodation, ensure a carbon monoxide alarm is equipped in any room used as living accommodation that contains a fixed combustion appliance (excluding gas cookers), and ensure that alarms are repaired or replaced once the landlord is informed and finds them faulty.

The booklet defines a fixed combustion appliance as a fixed apparatus where fuel of any type is burned to generate heat. A gas, oil or solid-fuel boiler in a room used as living accommodation therefore falls within the definition. The regulations specifically treat a hall or landing as a room.

Which homes are covered

The booklet says the regulations apply to homes rented by private landlords or registered providers of social housing, unless excluded. Excluded tenancies include shared accommodation with the landlord or the landlord’s family, long leases, student halls of residence, hotels and refuges, care homes, hospitals and hospices, and low-cost ownership homes. The regulations do not apply to owner-occupiers, including owner-occupiers in shared-ownership homes. Unlicensed houses in multiple occupation are covered; licensed ones are subject to similar requirements through the Housing Act 2004 licensing rules.

Choosing and placing alarms

The regulations do not specify the type or position of alarm. The booklet recommends that landlords choose alarms suited to the building and tenants, compliant with British Standard BS EN 50291 for carbon monoxide alarms, and that sealed-for-life battery alarms are a better option than replaceable batteries. In general, it says, an alarm should follow the manufacturer’s instructions and be positioned at head height on a wall or shelf, roughly 1 to 3 metres from the potential source.

How an installer positions a boiler flue and air supply is a separate topic, covered in the guide to Approved Document J in England.

Start-of-tenancy checks and records

The booklet says the regulations require landlords to check that each prescribed alarm is in proper working order on the day a new tenancy begins. It is the landlord’s responsibility to keep a record of when alarms are tested, and the local housing authority decides whether the evidence proves the requirements were met. If an alarm stops working during a tenancy, tenants are advised to replace the batteries and, if that does not fix it or they cannot do it, report it to the landlord, who is responsible for repair or replacement of faulty alarms.

How councils enforce the rules

The local authority booklet explains that local housing authorities must serve a remedial notice where they have reasonable grounds to believe a landlord has not complied, for example after being told by a tenant or housing officer that the required alarms are not installed. The authority does not have to enter the property first. The notice must be served within 21 days of deciding there are reasonable grounds, and the landlord has 28 days from service to comply or to make written representations, which suspends the notice while they are considered.

If the landlord still does not comply, the authority must arrange for an authorised person to carry out the remedial action where the occupier consents, giving at least 48 hours’ notice. The authority can also issue a civil penalty of up to £5,000 by penalty charge notice. Both booklets say the fine applies per breach rather than per landlord or property. A landlord can ask for a review and then appeal to the First-tier Tribunal.

When a tenant will not give access

Both booklets say landlords must take all reasonable steps to comply with a remedial notice but are not expected to go to court to gain access. Examples of reasonable steps include writing to explain that the alarms are a legal requirement, arranging visits at convenient times and keeping a written record of access attempts, and working with the tenant to find a solution. The separate gas safety duty is covered in the guide to the landlord gas safety certificate, which is a separate duty from the alarm rules.

FAQs

Do the rules say a boiler in a cupboard needs an alarm?

The duty attaches to a room used as living accommodation that contains a fixed combustion appliance. A boiler in a room that is not used as living accommodation is not covered by that wording in the guidance.

Does an alarm replace an annual gas safety check?

No. The alarm regulations are separate from the gas safety duties, and the booklet describes them as one of several laws on safety in rented homes.

Who checks that a landlord has complied?

The local housing authority, which enforces the regulations through remedial notices and civil penalties.

The bottom line

In England, landlords must equip a carbon monoxide alarm in any room used as living accommodation that contains a fixed combustion appliance such as a boiler (gas cookers excepted), test the alarms on the first day of a new tenancy, and repair or replace faulty ones. Councils enforce this by remedial notice and a penalty of up to £5,000 per breach. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• GOV.UK, “Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants”
• GOV.UK, “Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for local authorities”

Related guides

Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation — always confirm the details with a Gas Safe registered engineer.