Question 1

Chair Lift in the Communal Stairway

Accepted Answer

An owner living on the first floor has asked for permission to install, at her expense, a chair lift in the communal stairway. Although we are seeking the Fire Officers advice we are concerned that there are also many other issues involved both now and potentially. For example insurance, joyriding, re-instatement, further access changes if the health condition worsens (access ramps?), storage of wheelchairs, etc. We wonder whether FPRA have covered the subject in previous Newsletters or can point us in the direction of obtaining further advice on both practical and legal implications. The FPRA responds: Thank you for your query to the FPRA about such an important issue which we have indeed written and lobbied about over a number of years. Back in October 2010 the Government brought forward the Equalities Act 2010 to replace the various pieces of discrimination legislation. The area of the act affecting ‘common parts’ of blocks of flats was expected about 3 years ago and we are still waiting but I will do my best to set out our current advice. As you may be aware from our web-site and newsletters the FPRA were involved in the Discrimination Law Review and shared many of your concerns forcibly at the Review Group on Common Parts to the last Government. In addition The Federation of Private Residents’ Associations (FPRA) made a number of recommendations to the Office for Disability Issues concerning the proposals to legislate for disability-related improvements to common parts of let residential premises contained within the Single Equality Act. Since the formation of the Coalition Government we have written again to the Equalities Minister for statutory guidance on the issue as yet no plans to implement this section of the Act. I will therefore do my best to advise based on practical experiences and understanding of the law as it currently stands although I should point out I am not a solicitor and any technical issues relating to your block will need to be referred to our Legal Advisor. The consultation paper “Discrimination Law Review – A Framework for Fairness: was the most relevant to us and Chapter 13 of the review on which the majority of our comments were made as this concerns the new legislative framework concerning the common parts of let residential premises. As yet none of these have been tested in the courts so my remarks are my own opinions having considered the circumstances you set out. With regards the interior alterations I would suggest that this may well be a matter for you as an association having responsibility for the ‘Common Parts’ if the proposed changes are of a structural nature I would suggest it is not unreasonable to request that the proposed changes are discussed and agreed in writing with the Local Authority Building Control and your Fire and Rescue Service. I think the main issue you may want to consider will be who responsible for maintenance , insurance and indeed ownership of any new improvement as this will have future implications for the block, for instance what happens if the lessee moves will the alteration be moved and at who’s cost? What if another resident has been using it if it is no longer in place will you be then responsible for providing a new one? The next issue is probably the most contentious and difficult to advise having not yet seen the lease, but it would seem to me that it is unreasonable to request such an ‘improvement’ as most leases would normally state something like this. ‘Not to make any alteration in the building and /or the demised premises.’ It is this area of the law that we really do need some clarity on as the lessee may well argue ‘discrimination’ as the lessee may need such an improvement to enjoy the building in the same way as other lessees. To further complicate matters there may well be other considerations with regards to Planning permissions especially if this is a listed building or a conservation area or indeed whether other such alterations have been made to your block before with or without planning consent. I would suggest asking the lessee to submit written detailed plans to you for ‘formal’ consideration and confirm they are willing to meet all the costs including maintenance, insurance as well as the stair lift itself and evidence that the installation will not have a detrimental impact on the amenity for other lessees and given this being in the ‘common parts’ ownership should be with yourselves as Landlord and not with the lessee ( I suspect this will be contentious as they will be paying for the lift, however you will need to have full responsibility for this as it’s in the common areas) As to whether this is a ‘reasonable’ alteration for the management company to consider will be a matter for you having considered all the relevant advice from the Fire Service , Council etc. but it is difficult to see how a stair lift in the common stair well used by others would not have a detrimental impact on the ‘means of escape’ of other lessees which you have a duty in law to maintain. I hope this gives you some guidance how to respond to this request and would welcome your feedback on what you decide as this would be a good ‘case study’ for our newsletter and to highlight the very practical differences with the changes to the disability legislation and often conflicting demands of disabled residents with different disability needs (for example visibility-related alterations may not be compatible with mobility-related alterations) and the need to comply with fire safety and other regulations which apply to common parts and control matters such as emergency exit routes (Regulatory Reform (Fire Safety) Order 2005) and the actual practicalities of installing and maintaining the disability-related alteration.

Question 2

Chair Lift in the Communal Stairway

Accepted Answer

An owner living on the first floor has asked for permission to install, at her expense, a chair lift in the communal stairway. Although we are seeking the Fire Officers advice we are concerned that there are also many other issues involved both now and potentially. For example insurance, joyriding, re-instatement, further access changes if the health condition worsens (access ramps?), storage of wheelchairs, etc. We wonder whether FPRA have covered the subject in previous Newsletters or can point us in the direction of obtaining further advice on both practical and legal implications. The FPRA responds: Thank you for your query to the FPRA about such an important issue which we have indeed written and lobbied about over a number of years. Back in October 2010 the Government brought forward the Equalities Act 2010 to replace the various pieces of discrimination legislation. The area of the act affecting ‘common parts’ of blocks of flats was expected about 3 years ago and we are still waiting but I will do my best to set out our current advice. As you may be aware from our web-site and newsletters the FPRA were involved in the Discrimination Law Review and shared many of your concerns forcibly at the Review Group on Common Parts to the last Government. In addition The Federation of Private Residents’ Associations (FPRA) made a number of recommendations to the Office for Disability Issues concerning the proposals to legislate for disability-related improvements to common parts of let residential premises contained within the Single Equality Act. Since the formation of the Coalition Government we have written again to the Equalities Minister for statutory guidance on the issue as yet no plans to implement this section of the Act. I will therefore do my best to advise based on practical experiences and understanding of the law as it currently stands although I should point out I am not a solicitor and any technical issues relating to your block will need to be referred to our Legal Advisor. The consultation paper “Discrimination Law Review – A Framework for Fairness: was the most relevant to us and Chapter 13 of the review on which the majority of our comments were made as this concerns the new legislative framework concerning the common parts of let residential premises. As yet none of these have been tested in the courts so my remarks are my own opinions having considered the circumstances you set out. With regards the interior alterations I would suggest that this may well be a matter for you as an association having responsibility for the ‘Common Parts’ if the proposed changes are of a structural nature I would suggest it is not unreasonable to request that the proposed changes are discussed and agreed in writing with the Local Authority Building Control and your Fire and Rescue Service. I think the main issue you may want to consider will be who responsible for maintenance , insurance and indeed ownership of any new improvement as this will have future implications for the block, for instance what happens if the lessee moves will the alteration be moved and at who’s cost? What if another resident has been using it if it is no longer in place will you be then responsible for providing a new one? The next issue is probably the most contentious and difficult to advise having not yet seen the lease, but it would seem to me that it is unreasonable to request such an ‘improvement’ as most leases would normally state something like this. ‘Not to make any alteration in the building and /or the demised premises.’ It is this area of the law that we really do need some clarity on as the lessee may well argue ‘discrimination’ as the lessee may need such an improvement to enjoy the building in the same way as other lessees. To further complicate matters there may well be other considerations with regards to Planning permissions especially if this is a listed building or a conservation area or indeed whether other such alterations have been made to your block before with or without planning consent. I would suggest asking the lessee to submit written detailed plans to you for ‘formal’ consideration and confirm they are willing to meet all the costs including maintenance, insurance as well as the stair lift itself and evidence that the installation will not have a detrimental impact on the amenity for other lessees and given this being in the ‘common parts’ ownership should be with yourselves as Landlord and not with the lessee ( I suspect this will be contentious as they will be paying for the lift, however you will need to have full responsibility for this as it’s in the common areas) As to whether this is a ‘reasonable’ alteration for the management company to consider will be a matter for you having considered all the relevant advice from the Fire Service , Council etc. but it is difficult to see how a stair lift in the common stair well used by others would not have a detrimental impact on the ‘means of escape’ of other lessees which you have a duty in law to maintain. I hope this gives you some guidance how to respond to this request and would welcome your feedback on what you decide as this would be a good ‘case study’ for our newsletter and to highlight the very practical differences with the changes to the disability legislation and often conflicting demands of disabled residents with different disability needs (for example visibility-related alterations may not be compatible with mobility-related alterations) and the need to comply with fire safety and other regulations which apply to common parts and control matters such as emergency exit routes (Regulatory Reform (Fire Safety) Order 2005) and the actual practicalities of installing and maintaining the disability-related alteration.

Chair Lift in the Communal Stairway

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