Safe as houses
New fire safety guidance tailored to purpose-built blocks of flats has been published recently. John Mitchell sets out the key points for social landlords.
On 1 August 2011, new sector-led fire safety guidance for purpose-built blocks of flats was published. Fire safety involves repairs, planned maintenance and good housing management, as well as fire risk assessments for multi-occupied buildings.
There are three main pieces of legislation that govern fire safety – Building Regulations, the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005.
Building Regulations provide for fire safety measures when a block of flats is first designed and constructed. However, these Regulations provide no ongoing control for the maintenance of these measures once the building is constructed and only have further effect when material alterations are proposed.
Under the Housing Act 2004, the housing authority has a number of duties and powers relating to the condition and standard of housing. The Act covers a broad spectrum of housing, including both individual flats within a block and the common parts of that block. Assessment of the conditions within flats or the common parts of blocks of flats is carried out by means of the Housing Health and Safety Rating System (HHSRS) specified in the Act. The hazards included in this rating system include the hazard of fire.
The Regulatory Reform (Fire Safety) Order 2005 overlaps to a certain extent with the Housing Act 2004. The Housing Act applies to the common parts and the flats themselves, while the common parts also fall within the scope of the Fire Safety Order. The Fire Safety Order also applies to workplaces within a block of flats. It does not, however, apply to the individual flats within the block.
What this means for social landlords
The Fire Safety Order places certain duties and responsibilities on the "responsible person". In the case of a block of flats, the responsible person is the person having control of the premises. This is likely to be the landlord. The duty is primarily to ensure that the fire safety measures within the common parts, plant rooms etc are such as may reasonably be required in the circumstances of the case to ensure that the premises are safe.
The Order requires that the appropriate fire safety measures are determined by means of a fire risk assessment which must be "suitable and sufficient" to ensure that the general duty of fire safety care is satisfied.
This guidance provides practical advice on fire risk assessments, preventing fires and fire safety management in blocks of flats. The guidance also includes case studies based on fire safety issues commonly found in blocks of flats together with suggested fire safety solutions. It is intended to assist responsible persons to comply with the relevant legislation as described above.
John Mitchell is head of the Health and Safety team at Blake Lapthorn. He can be contacted on 023 8085 7231 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..
