When selling flat, do I need a fire risk assessment?

[Guest Fire risk assessment]

Hello,

I live in a low rise block of flats but, apart from the company that was set up when the flats were built, it is self-managed and there really isn't a management as such.  I suspect the builders set up a company and passed it on the owners. Of course, because it's a company, there are directors but not everyone is a director and not everyone has to be.

Now, somebody is selling their flat and, I believe the buyer's lender through their solicitor is asking for a fire risk assessment. we are aware of the Grenfell fire but we have never been asked to conduct a fire risk assessment previously.  The last time a property was sold was in 2015 and it all went smoothly. No fire risk assessment was required.

Because there is no real management, how do we go around the problem? Who is going to implement this, if there's anything to be implemented? Can we get an external fire risk assessment company to do the assessment? Will they issue a report and will they notify the authorities of any potential fire risks? I suspect the solicitor will need something in writing.  What will happen if the assessor find something that poses a fire risk?  Will it prevent the sale of the flat or will they instruct the 'management' to remedy the situation and prove that they have done so in order for the sale can go through? Who will very this?

Thanks

Karine

 

 

 

[AnthonyB]

If the block has internal common areas it has been legally obliged to have a fire risk assessment since 2006 (Regulatory Reform (Fire Safety) Order 2005 ) if all flats have external entrances with no common areas the law was clarified 4 years ago (Fire Safety Act 2021) to explicitly include the external structure of buildings containing 2 or more dwellings so would still have been required to have a fire risk assessment.

A summary of the legislation for smaller blocks and how to carry out an FRA is here https://www.gov.uk/government/publications/making-your-small-block-of-flats-safe-from-fire

If remedial action is indicated then the Management Company will need to ensure this occurs - if it would affect a sale is dependant on what, if anything, needs to be done.

External risk assessors are an option (but choose carefully for someone with flats experience that assess risk not prescriptively tick boxes from a guide)pragmatically but is not currently mandatory. They report to the Responsible Person and would not inform the authorities unless there was an immediate and severe danger to life and an unwillingness of the RP to act on the risk in which case some may morally feel they have to notify (but they are not legally obliged to)