Carbon monoxide detector in a rental apartment: duty and deadlines
A carbon monoxide detector in a rental apartment that is already in use will become mandatory from 1 January 2030. In premises where hotel services are provided, much earlier: from 30 June 2026. Both deadlines come from the Ministry of Interior regulation of 21 November 2024, which also introduced the requirement for a smoke detector in every residential unit. The more important question is: how do you do it properly, and who is responsible for what?
From when is a carbon monoxide detector in a rental apartment mandatory?
It depends on two things: whether the unit was in use on the day the regulation came into force, and whether hotel services are provided in it. The change to the fire protection rules has applied since 23 December 2024, but its section 2 phases in the new requirements over time. Three dates matter:
- 23 December 2024 - the regulation comes into force, the reference point for units that are only just being built or put into use,
- 30 June 2026 - the deadline for units where hotel services are provided,
- 1 January 2030 - the deadline for apartments already in use on the day the rules came into force, which means most long-term rental units.
So the carbon monoxide detector duty from 2030 applies to a typical lease. Things get tricky with short-term rentals: if you are not sure whether your activity already counts as hotel services, ask a lawyer, because the date depends on that classification.
Smoke detector vs carbon monoxide detector: what to install and where
Every residential unit must have at least one standalone smoke detector, while a carbon monoxide detector is required only in a room where fuel is burned. Standalone means self-contained: with its own power supply and sounder, not connected to an alarm control panel. The new section 28a requires the smoke detector to comply with the Polish Standard, and exempts units protected by a fire alarm system or a fixed fire extinguishing system.
A carbon monoxide detector is needed wherever solid, liquid or gas fuel is burned. What counts is the specific room, not the whole unit. An apartment with a water heater in the bathroom and a fireplace in the living room therefore needs two such devices. A smoke detector in a rental apartment is a separate requirement: a carbon monoxide detector does not replace it.
Carbon monoxide detector and a gas water heater: when the rule makes an exception
A gas water heater with an open combustion chamber means a detector is mandatory in the room where it hangs. There are two exceptions: appliances with a sealed combustion chamber and gas appliances for preparing meals. That is what section 28a(4) says. In examples:
- an old bathroom water heater that draws air from the room - detector required,
- a boiler with a sealed combustion chamber - exception,
- a gas cooker - exception,
- a fireplace or a solid fuel stove - detector required.
How do you know what you have on the wall? From the documentation, from the rating plate or from a service technician. A detector alone will not fix poor ventilation, though. Warn your tenants not to tape over the vents in winter. A tightly sealed bathroom means a weaker draught, and on top of that damp and one more problem, namely mould in a rental apartment. Chimney and gas inspections remain a separate obligation.
Who buys, installs and changes the batteries in a detector in a rental?
The regulation does not settle this, so you have to turn to the general rules on leases and to the agreement. Under Article 662 section 1 of the consolidated text of the Civil Code, the landlord hands over the property in a condition fit for the agreed use and keeps it in that condition, while section 2 of that article puts minor outlays on the tenant. Who installs the carbon monoxide detector in a rental? In my view there is one sensible answer: the owner. No provision expressly assigns the batteries and the periodic test to anyone, so it is better to write this into the agreement. A suggested split:
- purchase and installation - the landlord,
- button test at agreed intervals - the tenant,
- battery replacement - the tenant, if the agreement says so,
- reporting a fault or false alarms - the tenant, without delay,
- replacing the device once the service life stated by the manufacturer has passed - the landlord.
If the parties are already in dispute, a lawyer should assess the matter on the basis of the specific agreement.
What to put about detectors in the lease agreement and the handover report?
In the agreement: who is responsible for batteries, tests and reporting defects. In the handover report: the number, location and working condition of the detectors. A good clause also covers the installation date, a ban on removing or covering the devices, and how to report an alarm or a fault.
Is the lease already running? An annex or a written confirmation of installation signed by both parties is enough. It is a good idea to keep the installation date together with the history of the unit - in Tenanto, the building file with inspections is there for that. Tenants need to be informed about the new devices and the test rules, ideally in the tenant portal in the system.
Should you install detectors now, in the 2026 heating season?
Yes. The deadline in the regulation is a cut-off date, not a ban on installing earlier. And the risk of carbon monoxide poisoning is highest precisely in winter, when heating appliances run with the windows closed. An owner only needs a few steps:
- Establish the type of heating appliances in the unit, especially the kind of combustion chamber.
- Count the rooms where fuel is burned.
- Install the detectors according to the manufacturer’s instructions.
- Add the arrangements to the agreement and the handover report.
Agree right now in the lease on a carbon monoxide detector in a rental apartment: who buys it, tests it and changes its batteries.
Frequently asked questions
No. A gas appliance for preparing meals is one of the exceptions provided for in the rule. A smoke detector in the unit is still required, however. But if a water heater with an open combustion chamber hangs in the same kitchen, a carbon monoxide detector will be needed because of it.
Yes, all the more so because installation usually does not require any interference with the building’s systems. It is just a good idea to agree it with the owner and write down whose device it is and who takes it when the lease ends.
Yes, units where hotel services are provided are subject to the earlier of the deadlines described above. That said, not every short-term rental has to be classified that way, so if in doubt, consult a lawyer. Until it is clarified, it is safer to assume the nearer date.
