Risk Assessment Requirement - Converted House Question

[Dr_Poth]

Hi - I've had a look on here and through various sites/docs and haven't been able to confirm the answer to this 100%.

I own and live in the ground floor flat of a converted 1930s house. There is one other flat upstairs which is technically 2 stories as it has a loft conversion.

There is a small communal hall (c 4x.1.2m) with mains smoke detector attached to the others in both flats. The main front door is uPVC. Both flats have entrances to this communal hall with the upper flat having a staircase just behind the door to the communal hall.

My property has 2 external rear entrances to the garden/rear access (uPVC doors) and as mentioned mains connected smoke detector. 

Upstairs obviously also has the mains detector as well and has a rear steel staircase access to the flat via uPVC doors.

I am an owner occupier with 50% of the freehold and am also the leaseholder of my property. Upstairs is a buy to let with a landlord with numerous properties. Typically is occupied by 2-3 people (couples/small families). My property used to be a rental and there is a fire blanket and extinguisher (i added).

I'm struggling to find a definite answer to the requirement, designation of responsible person etc. I also live in Wales if that complicates matters in terms of leglisation.

 

thanks!

[Dr_Poth]

Forgot to add - there is not mgmt co. Just myself and 1 other freeholder.

[Mike North]

Simple answer, Yes you need a fire risk assessment.

The responsible person would be who ever has control of the premises

[Dr_Poth]

3 hours ago, Mike North said:

Simple answer, Yes you need a fire risk assessment.

The responsible person would be who ever has control of the premises

That’s part of my query I should have added - a lot of the posts suggest the mgmtco or freeholder would be the responsible person - that in turn then suggests the ‘responsible person’ would be responsive for carrying it out.

[AnthonyB]

The freeholders, having control over the common parts, would be legally responsible. If there is no Management Company then both the individual freeholders would jointly be Responsible Persons as 'natural persons', if there is a Management Company then it, as a  'legal person'  it would be the RP.

The Fire Safety Order (as amended by the Building Safety Act) applies to England & Wales and so you would be required to carry out a fire risk assessment which must be recorded along with the fire safety arrangements for the premises.

The FRA would then determine if your current general fire precautions are adequate.

 

https://www.gov.uk/government/collections/fire-safety-legislation-guidance-for-those-with-legal-duties

 

[Dr_Poth]

7 minutes ago, AnthonyB said:

The freeholders, having control over the common parts, would be legally responsible. If there is no Management Company then both the individual freeholders would jointly be Responsible Persons as 'natural persons', if there is a Management Company then it, as a  'legal person'  it would be the RP.

The Fire Safety Order (as amended by the Building Safety Act) applies to England & Wales and so you would be required to carry out a fire risk assessment which must be recorded along with the fire safety arrangements for the premises.

The FRA would then determine if your current general fire precautions are adequate.

 

https://www.gov.uk/government/collections/fire-safety-legislation-guidance-for-those-with-legal-duties

 

Thanks. I guess my query extends to the RP aspect as the guidance suggests the RP can carry it out?

[AnthonyB]

As it's a conversion the "Making your small block of flats safe from fire" guide doesn't apply as it is unlikely to meet the required construction standards or have the built in fire precaution and smoke control features and it's recommended a professional carry it out - the "guidance on fire safety provisions for certain types of existing housing produced by the Local Authorities Coordinators of Regulatory Services (LACORS)" linked is more appropriate to flats converted from older houses.

Currently the RP can carry this out themselves if they can demonstrate competency, although there is a gradual move to restrict this in future only to the three types of premises covered by the three guides in the section "Guidance for fire safety in small premises" but that's a few years off yet!