Fire Risk Assessments - More Questions

[Guest Callum]

Hello,

I'm having problems with the FRA. I'm buying a flat in a high rise tower (lots of communal areas) and my solicitor is requesting a copy of the FRA. The management company is not providing it for reasons unknown. 

I understand that the legislation doesn't require the FRA to be formally written down but I know the management company has one because the London Fire Brigade conducted a fire audit on this building in the last 12 months which involved reviewing the FRA hence a hard copy must have been produced. 

My first question is: why is my solicitor requesting a copy of the FRA when it is not necessarily a written document? Shouldn't they be content with the fact that one has been completed and it raise no issues?

Secondly, the legislation states that a FRA needs to be recorded when:

A. There are five or more employees;

B. a licence under an enactment is in force in relation to the premises; or

C. an alterations notice requiring this is in force in relation to the premises.

What does point B mean? The flat I'm buying has a rental licence (required by Newham Council):

www.newham.gov.uk/Pages/Services/Private-rented-property-licensing.aspx

Is this enough to require the FRA to be documented?

Many thanks,

Callum

[Tom Sutton]

In my opinion (barrack room lawyer) which should be checked out with a lawyer specialising in fire safety law, like http://www.safetylawyers.co.uk/fire-safety/  I believe you are correct, legislation doesn't require the FRA to be recorded (formally written down), but the London Fire Brigade, who conducted a fire audit on the building doesn't need a hard copy to conduct a fire audit.

The whole building including the flats are subject to the Housing Act and the common areas are subject to the The Regulatory Reform (Fire Safety) Order 2005 (RR(FS)O).

A licence under an enactment, is in force, in relation to the premises, would usually apply when a premises requires a licence to operate then they must record their FRA but you do not require an FRA for the flat. A rental licence is a licence under an enactment (Housing Act), but does the licence cover not only the flat but does it include the common areas? 

However as I am aware the Responsible Person does not have to share it with anybody other than the Enforcing Authority therefore it would be pyrrhic victory anyway because you could not force him/her to share it.

I think this is a job for the legal beavers and like you I cannot understand why conveyancing solicitors cannot accept an undertaking from the RP that the common areas meet the RR(FS)O in full.

[Tom Sutton]

What type of rental licence do you have?

https://www.newham.gov.uk/Pages/Services/Private-rented-property-licensing.aspx