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Wed 8th September, 2010
News
What are the new fire regulations that apply to buy to let property? |
31st May 2006 |
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Continuing our series of articles on new regulations affecting buy to let mortgage introducers and lenders, the Government will shortly implement The Regulatory Reform (Fire Safety) Order (RRO) 2005, which is due to come into force on 1 October 2006.
The regulations are widely drafted and should not be taken lightly. In particular, buy to let property owners and investors will need to familiarise themselves with the new legislation which is designed to protect those persons most at risk from a fire.
Although, the regulations primarily apply to commercial premises, the common areas of houses in multiple occupation (HMO’s) come within the remit. Premises occupied by a single family are excluded.
The regulations shift the fire authorities responsibility of inspecting and advising on the fire safety of a building to the ‘responsible person’. The practice of issuing fire certificates will be repealed in October.
The responsible person will owe a duty of taking all reasonable precautions and exercising all due diligence to a widely defined class of ‘relevant persons’ i.e. anyone who may be at risk of a fire. Special consideration should be given to those with disabilities and visitors to the property who may not be familiar with a property or procedures for escape.
Under the legislation a landlord of a HMO will become the responsible person. Where there is more than one owner, or the landlord is a private limited company it is a requirement that all the responsible persons liaise together to determine who will be responsible for the obligations of fire safety. In addition, the responsible person must appoint at lease one competent person with ‘sufficient training, experience, and knowledge’ to assist in complying with the obligations. Even where a responsible person hires a contractor to take responsibility for compliance with the new regulations, the responsible person will ultimately remain liable.
The duties imposed on the responsible person do not appear to require anything more than the competent landlord would normally provide i.e. it is generally a good idea to ensure that the occupier knows their way round the house to assist prevention and escape from fire.
The responsible person must identify, remove or minimise any hazards through executing a ‘fire assessment’. A diligent Landlord, in taking all reasonable precautions, would be strongly advised to install smoke alarms on each floor of the property, a fire blanket in the kitchen, and if several people are likely to be cooking and/or smoking, a fire extinguisher. Moreover, procedures to establish and maintain means of escape must be set up and fire drills practised.
All elements revealed in a fire assessment must be recorded, constantly reviewed (in particular when alterations or changes of use take place) and made available to the relevant persons.
If the landlord supplies furniture or furnishings the Furniture and Furnishings (Fire) (Safety) Regulations 1988 apply. In these circumstances, all furniture and furnishings should meet the fire resistance requirements including all second hand and replacement furniture unless made before 1950.
The legislation empowers the fire authority, local authority or Health and Safety Executive to inspect properties at any reasonable time. Landlords who fail to comply with the above requirements may find themselves subject to enforcement proceedings for non-compliance which could lead to a fine of up to £5,000 in the magistrates court or to an unlimited fine and up to 2 years imprisonment if heard in the county court.
Buy to let owners and investors will need to ensure that sellers of HMO’s produce a copy of any fire assessments undertaken or factor in the cost of bringing the property up to date.
Most local fire authorities can provide advice in relation to undertaking a fire risk assessment however a specialist consultant could be employed to actually undertake the assessment itself. Those Landlords with a DIY attitude may wish to obtain the following leaflets issued by the Home Office: Fire safety in the home, Electrical safety leads to fire safety and Wake up! Get a smoke alarm.
The above article is a non-exhaustive summary of the new regulations and not intended as a substitute for detailed assessment of the regulations.
For further information, please do not hesitate to contact Mr Thomas Bessant, Lawcomm Solicitors, DDI: 02380 384444, E-mail: thomas.bessant@lawcomm.co.uk
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