We provide approved fire risk assessments
 On 1 October 2006
important changes to the fire safety regime in Englandand Wales came
into force. Some key aspects of the law relating to fire safety in
non-domestic premises have changed.
Call Jonathan Tedd on 07968 361 523 for a quote today - assessments priced from £195 for a residential block of apartments.
A fundamental element of the changes is that fire certificates will no longer be valid. The old fire safety regime found in the Fire Precautions Act 1971 and Fire Precautions (Workplace) Regulations 1997 is repealed.
The new regime is to be found in the Regulatory Reform (Fire Safety) Order 2005 (the Order), which consolidates fire safety legislation.
The Order does apply to the common areas of residential property, residential care premises and sleeping accommodation in hotels, hostels and student halls of residence.
Importantly for managing agents, this means a fire risk assessment is a requirment for the common areas of blocks of flats and apartments.
Under the new regime there are a number of fire safety duties imposed on the "responsible person". In the case of a block of flats, this will be the landlord of the block itself (the freeholder) or the appointed managing agents (who look after the common areas, grounds and the building's repair).
Where premises are vacant, the owner (who can include a tenant or mortgagee in possession) will be the responsible person. Multi-let buildings are likely to have more than one responsible person, the tenants for the let premises and the landlord for the common parts. There may be some overlap of responsibility and the Order requires responsible persons to co-operate and co-ordinate their measures to comply with the Order.
We are expert in carrying out fire risk assessments for residential and commercial premises.
Landlords should ensure that their tenants have an obligation in their leases to provide a copy of any risk assessment and updates to them. The enforcing authority (the local fire authority) can require the records of the assessment to be presented to it. The risk assessment in effect replaces the fire certificate which was not produced by the responsible person but by the enforcing authority. The risk assessment is specific not only to the particular premises but also to the occupier.
The Order imposes a number of other fire safety duties including:
- taking general fire precautions;
- putting in place appropriate fire safety arrangements;
- keeping clear and providing certain signage and lighting to emergency routes and exits;
- maintaining facilities and equipment required by the Order;
- establishing emergency procedures;
- appointing competent persons to discharge fire safety duties; and
- ensuring the premises are equipped with appropriate fire fighting and detection equipment.
A time-critical point to note is that there is a specific and tight timetable for compliance in relation to duties to notify the fire and rescue authority in connection with cut-off switches for luminous tube signs. There are duties in relation to providing information and training. There are also particular requirements in respect of dangerous substances or where young people are employed.
The fire authority remains the enforcing authority and can serve various notices such as alterations, enforcement or prohibition notices to enforce the legislation. Rather than the enforcing authority prescribing specific fire precautions, it is now required to ensure (via inspectors) that the fire safety measures provided by the responsible person are adequate.
Failure to comply with the Order can lead to fines and imprisonment.
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