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Fire safety in leaseholder flats


Guest RichardBoo

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Guest RichardBoo

I am one of 5 long leaseholders who each own a self contained flat in a large house converted to flats in 1997. The freeholder is saying he must put up fire signage, change light fittings fit fire doors etc to conform with the Regulatory Reform (Fire Safety) Order 2005. I accept this appears to be the case for common parts but in this case the only common parts is a lobby of not more than 4m2 which is basically a small lobby from the main entrance to 2 of the flat front entrances. The othe r3 flats have their own entrances with no common parts.

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Because of the two flats opening into small lobby the premises are subject to the RR(FS)O and a fire risk assessment should be carried out. This will determine if any work needs to be carried out and if it does then it should be minimal. The trouble is without a FRA it is impossible to say what needs to be done to make the premises safe from fire.

The appropriate guide is HOUSING – FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing which is accepted by all the enforcing authorities.

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Hi Richard

Just some more notes in addition to what Tom said.

Whilst the fire doors might feel intrusive, they could be essential to stop the spread of fire from your flat into the communal area. So they are related to the communal area.

It is interesting that, although the conversion of your building was carried out 1997, the Building Regulations 1991 might not have been adhered to, otherwise the demands of the current fire risk assessment guides should already have been met! This might be an interesting discussion in case the freeholder wants to pass on the costs for the upgrade.

The LACoRS guide Tom mentioned above states that although the Regulatory Reform Order (speak the fire risk assessment guides) is for communal areas, only, in practice the assessment will need to take the entire premises into account.

Harry

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  • 3 years later...

Dear Sir/Madam,

I am a freeholder of one of 5 flats in a building in Brighton. Each of the 5 flats in my building own part of the building freehold and in our commonways we have smoke detectors and at the rear of the building a fire escape. Do we additionally need to install a smoke/fire alarm or are current arrangements sufficient? We check the smoke alarms every 6 months.
Many thanks in advance for your advice.
Tricia

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Guest Elliott

We live in a five story Georgian or Victorian building that is converted into flats. The basement, ground and first floors are owned. The upper floors are rented from the freeholder.
The shared areas are always kept clean, clear and well lit. Though there is no natural light beyond the entrance. The only exit for the upper floors is down the main stairwell.
The freeholder is suggesting we are equally liable for compliance with Regulatory Reform (Fire Safety) Order 2005.
Those of us who own our properties would like to know what exactly compliance would mean for us as owners and whether the freeholder who rents the other flats out is liable in a different way. The freeholder has estimated £8,000 for compliance but we have no idea what that entails.

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Hi PMBR

As you all share the freehold of the building you all share the maintenance of the common areas and consequently you are all require to conduct a fire risk assessment. Do you have a tenants committee that organizes the common areas or does the building employs a management company who then will take that responsibility. The appropriate guide is HOUSING – FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing which is accepted by all the enforcing authorities.

There is no way I could give advice without a physical survey but with the use of the above document you could do your own or employ a fire risk assessor .

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Hi Elliott

This is a legal matter and who is responsible for the common areas, is the freehold a shared responsibility or is there a freeholder of the building and does he/she charge an annual fee of the maintenance of the common areas. The appropriate guide is HOUSING – FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing which is accepted by all the enforcing authorities. By studying this document you should be able to decide what is required and estimate the approximate costs.

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