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Guest Emma

FRA for selling a flat

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Guest Emma

Hi

I wonder if you can help me.

I own a flat which is one of 3 2nd level entry and above a gym in Hertfordshire. 

I'm in the process of selling my flat and we've reached a sticking point re the FRA. My neighbour who owns her flat above the communal staircase that gives us access to the flats doesn't have the required door (fd30) for the FRA. This is something she is refusing to pay for being brought upto spec to get the FRA.

Shes lived here for 2 and a half years and believes it is the managing agents responsibility to be replacing her front door not hers.

I don't believe this is the case.

She thinks it should've been sold to her with the right door which I would believe would have been her solicitor's job to check the FRA was in place when she bought the flat where responsibility would've been with her vendor to get it upto spec.

My.management company are trying to say that a change in regulations since 2016 mean that her door was okay then but isn't now.

I think she's breaking the terms of her lease to not be replacing the door, inalso think our managing agent has a duty of care to get this resolved asap

Can i obtain a historic copy of the last FRA from anywhere?

Sorry it's a bit confusing.

Happy to clarify anything that's needed.

Would the lack of FRA mean out buildings insurance is invalid? Does buildings insurance require an FRA?

I'm just trying to move and this is causing a real issue and delay.

Has anyone successfully moved without this in place with an agreement that it will follow.

Thanks for your help.

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If the door was a compliant fire door in the past then assuming the block meets the other fire safety conditions for flats and based on the size of the premises it would be acceptable now under the current guidance.

If it's not compliant it will be her door and if she refuses to change it then they should be reported to the local authority for enforcement under the Housing Act.

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It appears you do not understand The Regulatory Reform (Fire Safety) Order 2005  RR(FS)0 and it is the Responsible Person (RP) who has to implement the order. 

Article 3 defines who the RP is and in the case of flats it is the owner/owners who is/are the RP or they can employ a managing agents to take on the RP job. The RP has to implement the RR(FS)O which includes conducting a FRA also ensuring the significant findings are rectified.

This means you need to establish who the RP is and deal with them, if you cannot get satisfaction contact the local Fire and Rescue Service who are the enforcing authority who can conduct an audit.

The costs will be included in your tenants agreement and most probably include all the community work thats needs to be carried out.

Any insurance matters, take it up with your insurance company.

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