Fire Safety in Blocks of Flats - Where legislations overlap
The last few blogs we have produced have looked at the particular pieces of legislation affecting fire safety in blocks of flats; the Building Regulations 2010, the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order of 2005. In this edition, we will highlight those areas where the legislations overlap in terms of fire safety, and the likely implications of those overlaps to those responsible for blocks of flats.
One such area of complexity is that common parts of the block are affected by both the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005 (FSO). The Housing Act has fire safety implications for both the common areas and individual flats within the block, whereas the FSO only relates to the common areas, and not the flats themselves. In itself, that seems simple enough, however, the safety of the block including common areas can sometimes be dependent upon fire prevention and safety provision within the flats. The FSO has no basis on which to inspect or review fire safety provision within the flats, but the Housing Act does.
The potential impact of fire safety measures within flats, which may affect the common areas, can be seen in the following example:
External flat entrance doors
The door which seals the flat from the common parts of the block must meet certain fire safety standards. It must be self-closing and fire resistant to a prescribed level. This level of protection affords suitable compartmentation of a fire within an individual flat and will be an essential part of avoiding the spread of fire to common areas or other flats.
Where the flat occupiers are tenants, the door remains the responsibility of the landlord and so the way forward is clear for regular inspection, renewal or repair of any damage to fire safety doors at the entrance to a flat.
In cases where the occupiers have a leasehold, it is common for the fire door to be the responsibility of the individual leasehold owner and not the person who owns the block. However, where a damaged or unsuitable door is in place, it must be addressed to ensure the safety of the remainder of the block.
Under the FSO, the leaseholder may be considered a person who has control over the premises (Article 5(3) of the FSO), however, in this instance, it is more likely that the powers of the Housing Act will be used in order to achieve fire safety compliance.
Other areas in which similar problems may be found, is that where internal doors are considered essential to the fire safety provision for the building, or in the case of ventilation systems, which are often a cause of fire spreading between flats. Essentially, any fire safety requirement which occurs within an individual flat which can affect the spread of fire between flats or into the common areas, or which could void the 'stay put' policy of evacuation should be addressed through the relevant enforcement body. In most cases, while it may be potentially possible through the FSO, it is certainly possible through the Housing Act and so this is the preferred route.
In many areas of the UK, to avoid any confusion over which act relates to which area of concern, the Local Authority and Fire Service have put a protocol into place which enables communication both with each other and any landlords, leaseholders and tenants. This helps to ensure that at each step, the correct body is dealing with the issues covered by the FSO and the Housing Act.
Please read more about achieving fire safety and how to comply with legislation on our website and call Peter Gyere on 0208 668 8663 if you would like more information on how Complete Fire Safety Management's online fire risk assessment platform could benefit your business.
