Bulletin: CT2023002

Dear Associates:

Connecticut Gen. Stat. § 29-453 requires, among other things, that the seller of a residential, one- or two-family building provide to the buyer an affidavit certifying to the presence of smoke and carbon monoxide detectors in the building along with other related certifications.

Presently, per the statute, if the seller does not provide the foregoing affidavit to a buyer the seller must provide the buyer a closing credit in the amount of $250.00.

Changes to Connecticut Gen. Stat. § 29-453, effective October 1, 2023:

As a result of Public Act 23-164, there are two MAJOR changes to Connecticut Gen. Stat. § 29-453:

1. The $250 credit option will be eliminated. The affidavit must be given before transferring title; and
2. The affidavit is required for transfers of units in residential common interest communities. Presently, the law already applies to common interest community residential units located in single-family buildings and duplexes. The change presumably applies to units in buildings designed to be occupied by more than two families.

Changes to the affidavit, effective October 1, 2023:

As a result of Public Act 23-164, there are changes to the affidavit. Such changes effectively revamp the existing form affidavit we addressed in September 2022 as a result of Public Act 22-75 (see Bulletin CT2022002, for reference, link below).

The affidavit must now comply with the following:

• The affidavit must be (1) given at the time of the transaction’s closing, and (2) signed and dated by the transferor.
• The transferor must state in the affidavit, rather than certify as previously required, that the equipment satisfies the conditions set forth in Connecticut Gen. Stat. § 29-453. The statute notes that nothing in the affidavit constitutes a warranty beyond the transfer of title.
• The affidavit must specify, to the best of transferor’s knowledge, whether the smoke detection and warning equipment:

1. Is battery powered;
2. Is located in or in the immediate vicinity of each bedroom;
3. Is powered by the household electrical service;
4. Is interconnected in such a manner that activation of the alarm on any such equipment in the residential building or unit causes the alarm on all such equipment in the building or unit to activate, provided that for any residential building or unit constructed prior to January 1, 1990, a transferor may specify on the affidavit that the conditions requiring such equipment to be interconnected are not applicable to the building or unit; and
5. Contain the following statement: "State law requires that all properties have operable smoke and carbon monoxide detection and warning equipment. This law is to save lives—your life, and the lives of your family members and your pets—as well as to protect your property."

Also note that under current law, the carbon monoxide detectors must be able to (1) sense the amount of carbon monoxide present in parts per million and (2) give an alarm suitable to warn occupants when activated. Public Act 23-164 now requires such detectors to produce an audible alarm when the detectors’ test buttons are depressed. The detectors may continue to be battery-operated.

Please note that the Office of the State Fire Marshal is preparing a form affidavit to address the foregoing and following items. Once we have received a final form, we will issue a revision to this bulletin with a link to the final form. See Bulletin CT2023003 and immediately below for a link to the final form.

The form affidavit can be found on the CT Realtors website, as follows:

Detector-Affidavit-with-guidance-effective-Oct-01-2023.pdf (ctrealtors.com)

Changes to exemptions, effective October 1, 2023:

Effective October 1, 2023, transfers of property acquired by judgment of strict foreclosure or by foreclosure by sale are exempt from the affidavit requirements along with the existing exemptions set forth below:

• any transfer from one or more co-owners solely to one or more of the other co-owners;
• transfers made to the spouse, mother, father, brother, sister, child, grandparent, or grandchild of the transferor where no consideration is paid;
• transfers pursuant to an order of the court;
• transfers by the federal government or any political subdivision thereof;
• transfers by deed in lieu of foreclosure;
• any transfer of title incident to the refinancing of an existing debt secured by a mortgage;
• transfers by mortgage deed or other instrument to secure a debt where the transferor's title to the real property being transferred is subject to a preexisting debt secured by a mortgage;
• transfers made by executors, administrators, trustees, or conservators;
• transfers of property acquired by judgment of strict foreclosure or by foreclosure by sale.

For a complete copy of the OLR Analysis please refer to the following: AN ACT REVISING CERTAIN CERTIFICATION REQUIREMENTS RELATED TO SMOKE AND CARBON MONOXIDE DETECTORS IN RESIDENTIAL BUILDINGS.

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