Flats with no common areas

[Guest Steve]

Hi,

I have also been told I need to carry out a FRA for this property as one of the flats is being sold. It's a Victorian detached converted into 3 flats many years ago each has its own entrance (two at the front one to the side see photos) and there is no shared common area.

As I understand it the FSO applies to buildings in multiple occupancy including converted flats ONLY if they share a common area and escape route. As each property has its own entrance and it must be assumed that the conversion was carried out in line with building regs. Am I correct in believing that this property does NOT require a FRA?

 

[AnthonyB]

No - as it is a building containing two or more dwellings it is subject to the Fire Safety Order & whilst there are no internal common areas the Fire Safety Act 2021 clarifies that the FSO applies to the structure, external walls (including balconies, doors and windows) & flat entrance doors. The FRA would only cover the outside of the building and based on the photos would most likely conclude the risk is low, but would still be required.

[Guest Marco]

Hi, 

I’ve spent the last week looking into this and seem to hear a different thing each time. Even our solicitors don’t really seem to know the answer! I would be incredibly grateful if anyone can shed some light on this.
 

We are selling a ground floor maisonette which is in a block of four. There are no communal areas as each flat is self-contained with private entrance etc. (picture below). Our buyer’s solicitor is requesting a fire risk assessment. As there are no communal areas, we were under the impression that this isn’t required. 
 

However, let’s assume that the Fire Safety Act 2021 clarification that the FSO applies to the structure, external walls and flat entrance doors, means an FRA is required (even though there are no communal areas). I’ve contacted around 10 companies who carry out FRAs and they’ve all told me the same thing: if there are no common areas then there is nothing to assess. Their FRAs don’t take into account external walls or structure as this is an EWS1 survey (which is something different and very expensive). 
 

The message I’ve got from everyone is that without communal areas there’s nothing to assess. So on the one side, we’re being told an FRA is needed for external walls/structure, but by the people who carry it out we’re being told that FRAs won’t cover this!

Any help/guidance would be hugely appreciated.

[AnthonyB]

The law says the FRA must cover the external walls. An EWS1 is nothing to do with fire safety legislation and is a tool for lenders. Where a site is low rise and low risk the FRA can address it without the need for an (expensive) PAS9980 External Walls Fire Risk Appraisal - mine do as do other providers I've worked for or provide  verification for.

Sadly there are too many in the FRA sector that don't really know the ins and outs of residential fire risk assessment - so many either require completely unnecessary work or dangerously miss out key areas.

For the pictured block roof void access would also be needed if possible to check the fire walls in the void - too many assessors miss this even though the government guidance considers it a standard part of all residential FRAs

[Guest Yorkie1]

I'm selling a first floor flat in a converted house and the purchasers solicitors are requesting a fire assessment do I need to provide one?

The property consists of 2 flats first and ground floor.  We both have separate front entrance doors leading to our properties.  There are no communal parts ie staircase, landing areas and no balconies.  We have pur own separate front external areas where cars are parked and bins kept.

I don't think I need to provide one, but they are insisting.  Can anyone provide some clarity.  Any assistance would be appreciated.

[AnthonyB]

See above answer - the building includes two or more dwellings with an external wall in common so yes it does.