Do flat owners under their own management need fire risk assessment?

[Guest LauraGibs]

Hi there

I want to know if I need to carry out a Risk Assessment under theRegulatory Reform (FIre Safety) Order.

I am the Company Secretary of a Management company that owns 3 flats. The Directors of the Management company are the flat owners themselves.

There is only one communal area and that is a stairway that leads up to the front doors of the two upstairs flats.

[Tom Sutton]

As the management company you would be required to complete a fire risk assessment of the common areas, the only debatable point would be, does the FRA need to be recorded, but as it would be be a very simple task I would suggest you do record it.

[Guest victoria]

Hi Tom

I live in a converted Victorian house which has 4 flats over 5 floors. We are all owner occupiers/leaseholders and each have a share in the freehold. Can you tell me if the FRR Act 2005 pertains to us and if so what our responsibilities under this Act may be? Many thanks.

Victoria

[Tom Sutton]

The common areas are subject to the FRR Act 2005 and the appropriate guide is the Sleeping accommodation also ‘Guidance on fire safety provisions for certain types of existing housing‘ should prove useful.

[Guest SheilaNew]

We are a building of 9 self contained flats owned and residede in by the long term share of freeholders. I believe that we are not considered an HMO however we have been asked by our insurance company to undertake a Fire risk Assessment to determine if the arrangemnets for the fire precautions, prevention, and evacuation are adequate. Please can you advise how we can get this done, Can we carry out the inspection ourselves, as we are aware that if we ask a Fire Assessment Company to inspect they could well tell us that we need to install unneccesary equipment etc, so that they can make money out of us. We have a limited amount of 'sinking funds' to pay for the service.

Many thanks

[Safelincs]

Hi Sheila

Yes, you can carry out your fire risk assessment yourselves. You will have to decide who is responsible for the overall fire safety (maybe the entire group of shareholders). That person or group can then carry out the fire risk assessment. The relvant guide is sleeping accomodation. A free fire risk assessment form can be downloaded. It is important that you act on your findings and implement solutions. Make sure that you review the fire risk assessment if the layout of the building changes or the mix of people living there alters.

Harry

[Tom Sutton]

Check out http://www.firesafe.org.uk/fire-risk-assessment/ you may find it useful.

[Guest Naila]

Hi,

I would like some advice as to whether or not we are required to complete fire regulations inspection.

The building is occupied by freeholders and we all own a share of the freehold. I am selling our flat and the buyers solicitors are asking for a fire regulations inspection for the communal areas. But from my understanding this is only applicable to purpose built blocks of flats, which we are definately not. We do not appear be designated a HMO as defined by the housing act 2004.

Please could you provide some advice as to whether this is necessary or not.

Thanks

[Tom Sutton]

Do you have common areas shared by occupants of the building. (Staircase and front door?)

[Guest MelissaP]

Please can you assist me in finding information directly relating to the law regarding fire regulations for a flat owner living in a converted house (converted pre 1970) which is a 3 storey dwelling consisting of 3 flats, 2 of which are privately owned and one which is being rented and in the stages of being purchased.

Thank you

[Tom Sutton]

The common areas are subject to The Regulatory Reform (Fire Safety) Order 2005 and you require an up to date fire risk assessment for those areas. The relevant DCLG guidance is Sleeping accommodation and for an overview check out http://www.firesafe....ty-order-2005/ and http://www.firesafe.org.uk/fire-risk-assessment/.

[Guest Edward Peerless]

Hi there

I own a flat in a converted Victorian house that has been split into 2 flats. There is a very small communal area which measures 2.5 x 1.5. A new management company is I insisting they do a fire risk assessment at quite a large expense.

1) from above it looks like they are correct?

2) can I do this myself and if not how much should one cost?

Thank you

[Tom Sutton]

Technically the management company for the landlord are the RP and does have to carry out a FRA. Although if I was you it may be prudent to moan about the cost if you think it is excessive. Cost for that should be no more than £100 for a non-third party accredited sole trader, particularly if it’s a post 1991 conversion. There will an additional cost if the FRA identifies any short comings in the fire safety of the common areas.

[Guest Laura]

Hi i am looking at converting a property in to flats and retaining the freehold, is it a requirement for I to carry out risk assessments, produce Memorandum & Articles of Association & retain service charge accounts? I will intend on only receiving annual ground rent.

thanks,

[Tom Sutton]

I can answer your question on risk assessment which I assume you means fire risk assessment (FRA) but not on the other enquiry you have, I suggest you contact landlord zone. http://www.landlordzone.co.uk/

The premises are subject to The Regulatory Reform (Fire Safety) Order 2005 and the person or persons deemed the Responsible Person (RP) has to conduct FRA.

Article 3b decide who the RP is, in your situation it is the person/persons who have control of the common areas and can be the owner, management company, tenants, (if they have the freehold of the premises). Who has the responsibility of maintaining the common areas, if the staircase needs repair who is responsible, because they will have control and therefore the RP.

[Guest Universal]

Hi

I am hoping we can get some guidance on a related topic.

We have completed a conversion of a 16th century timber framed property into 2 self contained flats, one ground floor, the other first floor. They are fully self contained and have there own access, there are no communal areas.

The buyers solicitor has requested a copy of a fire risk assessment. Is one necessary if there are no communal areas? The conversion has been signed off by LA building reg.

Any guidance appreciated

[Tom Sutton]

If there are no common areas then The Regulatory Reform (Fire Safety) Order 2005 does not apply and a Fire Risk Assessment would not be required. Definition of domestic premises Art 2 of RR(FS)O states “domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling); and domestic premises are not subject to the RR(FS)O only non-domestic premises (art 6).

[Guest David W]

Hi i am looking at converting a property in to flats and retaining the freehold, is it a requirement for I to carry out risk assessments, produce Memorandum & Articles of Association & retain service charge accounts? I will intend on only receiving annual ground rent.

Taking the non-fire issues, you only need Articles of Association if you are forming a limited company, rather than continuing to own the freehold personally. You haven't needed a Memorandum of Assocation since the 2006 Companies Act.

You only need to maintain service charge accounts if you have service charges. If your rents are large and fixed, except for any inflationary changes, and you take the financial risk of unexpected repairs yourself, and pay for the building insurance out of your own funds, you should not need them. If you are using long leases, solicitors are likely to advise against any purchase where the freehold is owned by a natural person and there are no provisions for maintenance costs.

[Guest Guest John]

I live in a Victorian Building converted to 10 apartments in 1997.

There are fire and smoke alarms on each floor of the communal area. Can anyone advise how often these alarms should be tested please?

Many thanks

John

[Tom Sutton]

You need to give more information on the fire alarm system, is there a fire alarm panel (CIE), is there any manual call points, are they domestic smoke detectors or is it a BS 5839 part 1 system?

Check out http://www.firesafe.org.uk/fire-alarms/ for more information.

[Guest gary skinner]

Hi Ive been asked to supply a fire risk assessment and asbestos report to my solicitor as I'm selling my flat which is part of two flats in one house Sharing a small hallway and front door, I want to know the cheapest quickest and legal way of doing this , as I have been told many different things if I'm able to do it myself can so can anyone tell me how and where I can get the relevant forms thanks gary

[Tom Sutton]

The flats do not require a fire risk assessment (FRA) they are domestic premises but the common area does and each flat owner needs to get together to conduct a FRA of the common area. It can be done by the owners/managing agents or you can use a fire risk assessor. Useful guidance can be found at http://www.firesafe.org.uk and https://www.gov.uk/government/publications/fire-safety-risk-assessment-sleeping-accommodation and http://www.safelincs.co.uk/free-fire-risk-assessment-form/ and http://www.cieh.org/uploadedFiles/Core/Policy/Publications_and_information_services/Policy_publications/Publications/National_fire_safety_guidance_08.pdf for more information.

[Guest Caz]

Hi there, similar question as those above. Victorian house converted into 2 flats in the 80s with shared freehold but no management company. Very small shared hallway on ground floor that is owned by ground floor flat but that we have right of way thru. We are selling upper flat and have been to provide fire risk assessment. Who is liable for this both flats or just ground floor. Do we actually need it? Thanks.

[Tom Sutton]

The hallway, staircase enclosure and stairs all form part of the common area therefore both of you are classed as the Responsible Persons (RP). The RP's are required to conduct a Fire Risk Assessment (FRA) but because you do not employ five or more employees it does not require to be recorded. Any guidance you will find in http://www.cieh.org/...guidance_08.pdf and also the links above plus The Regulatory Reform (Fire Safety) Order 2005.

[Guest Caz]

Hi again, thanks for the quick response. Just to be clear what do you mean by it doesn't have to be recorded? My buyers solicitors are asking for FRA documentation. Does that mean l don't have to give them anything. Sorry if I'm being dense!