High Priority Actions stopping flat sale

[Guest Rose]

Hi there,

I would really appreciate your thoughts on the following. Currently selling a flat in a 9 storey listed building with circa 200 flats. Flat is on the first floor. The buyers mortgage valuer requested the FRA which was provided. However, there was one item that was highlighted as a high priority item that has not been completed relating to compartmentation? I understand this is an issue in 90% of buildings across the UK?   Since the time of the FRA, the managing agents have done all other priority items and have been working with experts getting fee quotes. They  are in the process of contacting all owners as given the building is listed, there is some cost to this work. We have provided an action plan and timescales and the managing agents. However, the valuer will only accept an updated FRA showing all work has been done which we clearly cannot provide at this stage. This has led to the sale falling through. I would be grateful for any advice on this and if there is anything we can do? 

Many Thanks 

[Tom Sutton]

The managing agents are most probably the Responsible Person (RP) and it is their duty to complete the FRA and rectify the significant findings. It is reasonable to expect the RP will be able to provide documented proof that the significant findings have been dealt with satisfactorily but would not be required to provide another FRA within the terms of The Regulatory Reform (Fire Safety) Order 2005 and could be some time before a review was conducted.

Consequently, it is not reasonable for the buyer's mortgage valuer requesting for a new FRA to be provided, but getting documented proof is more reasonable and this is a constant misunderstanding of the RR(FS)O by those who should know better.

Unfortunately, there is no way to speed up this procedure to rectify any faults found and I would suggest you check out article 9 in the RR(FS)O to understand the problems.

 

[Guest Rose]

Thanks so much for your reply.  Frustrating situation when relying on managing agents who aren’t being forthcoming with the information but your reply is really useful. 

Thank you 

[Tom Sutton]

I can understand your frustration but the way I interpret the order, there is no requirement in to make the RP share the FRA with other persons other than the enforcers and they have to co-operate with the other responsible person concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed on them by or under this Order.