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| Is your fire risk assessment in place and up to date? Beware the consequences if not! by Cathy Searle 12/01/2009 |
| "The Regulatory Reform (Fire Safety) Order 2005 came into force in England and Wales on 1 October 2006. The new regulations are designed to simplify the law with regard to fire safety and essentially, apply to non-domestic premises. However, many people do not realise that the definition of "non-domestic premises" includes common parts of residential buildings including halls, stairwells, lift shafts and roof spaces. It is the legal duty of a "responsible" person to arrange and maintain adequate up to date fire risk assessment records, identifying any possible fire risks and dealing with them. A "responsible" person in a workplace is the employer where the workplace is under their control. For residential premises the person who has control of the building (a landlord and/or managing agent) will be the responsible person. Even in cases where the responsible person hires a contractor to review fire safety arrangements, it is down to the responsible person to make sure that the regulations are complied with. It may be that, in certain circumstances, there will be more than one responsible person and in this case, the various parties should co-operate in deciding who will take on the responsibility in order to comply with the regulations. The enforcing authority will usually be the fire authority and fire officers have the power to enter without force and inspect any premises. An enforcement notice can be served on the responsible person stating the action which needs to be taken in order to comply with the regulations. The responsible person then has a period of not less than 28 days in order to take the required action. Penalties for failure to do so range from a fine of up to 5,000.00 in the Magistrates Court to an unlimited fine and up to 2 years imprisonment if heard in the Crown Court. The regulations are therefore not to be taken lightly! Care should be taken when deciding which consultant or contractor should be appointed to carry out the fire risk assessment as, although the enforcing authority can take action against the contractor for an inadequate report, the responsible person still remains liable and it is therefore crucial to ensure that the contractor's suitability is checked before they are appointed. In cases where managing agents are appointed, it is advisable to agree with that managing agent (at an early stage and preferably in writing) that it will be part of their duty in management of the block, to arrange the fire risk assessment and maintain appropriate records. The cost of the assessment and any remedial works necessary will be recoverable under the service charge. The regulations will impact on buildings insurance and it should be considered whether the insurance company would settle any claims if no fire risk assessment has taken place. This is obviously of huge importance to flat owners and lenders alike and thought needs to be given as to the consequences of what might happen in the event of destruction of the building and/or serious injury or death. Management company directors and managing agents may be held personally responsible and would be well advised to ensure records are kept in place and up to date. Buyers of residential flats should request a copy of the fire risk assessment or at the very least ask for confirmation that this has been carried out. If it has not been carried out, written confirmation should be obtained from the insurers that the absence of a risk assessment will not prejudice the insurance in the event that a claim is made for damage or destruction by fire. Sellers should try and ensure that the assessment has been carried out so as to avoid the inevitable delays which can occur in the conveyancing process if they are not available. Some mainstream mortgage lenders are refusing to lend on flats where no fire risk assessment has taken place. For more information please contact Cathy Searle." |