FRA for flats leased to Housing Association

[Guest Devan]

I'm hoping you can help...

We converted a property above a commercial premises into 3 x 2bed flats about 6 years ago and leased all of them to the housing association.  All the flats were specifically converted in compliance with building regulations and the housing associations conversion brief.  They all have their own private entrance (no communal areas), internal fire check doors, smoke alarms connected to mains, heat alarm and carbon monoxide alarms, new double glazing., new roof.. in fact all 3 flats were brand new (unfurnished) when handed over to the housing association.

However, in light if the Grenfel Towers fire, the housing association have written to us asking for FRA... I don't know if this is just a standard letter going out to all the landlords or specific to our property.  But as a landlord, are we required to carry out the FRA even though we have nothing to do with their tenants or maintenance?  There are no communal areas and each flat has its own private entrance? 

[Tom Sutton]

The owners or those acting for the owners (Management Company) are the Responsible Person as defined by The Regulatory Reform (Fire Safety) Order 2005 but because there are no common areas the regulations do not apply. However you could check the FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing which is the guidance for your type of premises and see if it conforms, for your own peace of mind.

Domestic Premises are exempt from the regulations and domestic premises is defined as ""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);

[AnthonyB]

As stated there would be no requirement to carry out a FRA as the Fire Safety Order does not apply. The Housing Act 2004 does apply however from what you say if you check what you have provided against the LACORS guidance Tom has linked above you are more than likely to have met the basic fire safety requirements under this legislation.

Also even if you had been required to carry out an FRA you appear to fall below the threshold for recording it so there would be nothing to give them anyway!

[Guest Devan]

Thank you both for your kind assistance in clarifying my position... truly appreciated