Question 1

Fire Risk Assessment

Accepted Answer

Q: One of our apartments is in the process of being sold. The purchaser's Solicitor has asked us to provide a Fire Risk Assessment and ask the sellers solicitor to advise us of a our legal obligation to obtain such a certificate. Some years ago we arranged with our local Fire Service for an Officer to inspect our estate. We were advised that as a private residential development with each leaseholder responsible for their own apartment and all external apartment doors being fire doors we did not need to have a fire risk assessment carried out by a certified fire risk assessment specialist. We have devised our own fire safety policy statement, copy of which I have attached below. Please would you advise us if, in your view our policy statement is acceptable or are we legally required to employ a competent Fire Risk Assessment Specialist to provide a risk assessment certificate. FPRA Chairman Bob Smytherman replies: Thank you for your query about Fire Risk Assessment which are a legal requirement for the 'common areas' of blocks of flats and not the flats themselves. There is no need to provide fire certificates as these were abolished in 2005 with the introduction of the new Fire Safety Order. The duty on directors of companies like yours is to provide a 'watching brief' for purposes of fire safety which in practice is having a policy like you have and managing this on the day to day basis to ensure that this is fully complied with. There is no formal requirement to have a specialist company to do this for you if you feel competent that you are managing any risk which in reality for most block common areas is very low. Maintaining fire doors, means of escape and adequate lighting in the event of power failure are the main issues for most common parts. There is an extensive guide that we contributed to available on the members site to assist you with this process and of course FPRA membership to answer specific queries as they arise. Ultimately if any perspective purchaser of a flat in your block has concerns about the way Fire Risk is managed in your block they should report this to the Fire service who enforce the Fire Order. If you and your directors have concerns that you are failing to meet your duty under the Order they have Fire Safety Advisors designated to support you in your role.l [Submitted October 2016]

Question 2

Fire Risk Assessment

Accepted Answer

Q: One of our apartments is in the process of being sold. The purchaser's Solicitor has asked us to provide a Fire Risk Assessment and ask the sellers solicitor to advise us of a our legal obligation to obtain such a certificate. Some years ago we arranged with our local Fire Service for an Officer to inspect our estate. We were advised that as a private residential development with each leaseholder responsible for their own apartment and all external apartment doors being fire doors we did not need to have a fire risk assessment carried out by a certified fire risk assessment specialist. We have devised our own fire safety policy statement, copy of which I have attached below. Please would you advise us if, in your view our policy statement is acceptable or are we legally required to employ a competent Fire Risk Assessment Specialist to provide a risk assessment certificate. FPRA Chairman Bob Smytherman replies: Thank you for your query about Fire Risk Assessment which are a legal requirement for the 'common areas' of blocks of flats and not the flats themselves. There is no need to provide fire certificates as these were abolished in 2005 with the introduction of the new Fire Safety Order. The duty on directors of companies like yours is to provide a 'watching brief' for purposes of fire safety which in practice is having a policy like you have and managing this on the day to day basis to ensure that this is fully complied with. There is no formal requirement to have a specialist company to do this for you if you feel competent that you are managing any risk which in reality for most block common areas is very low. Maintaining fire doors, means of escape and adequate lighting in the event of power failure are the main issues for most common parts. There is an extensive guide that we contributed to available on the members site to assist you with this process and of course FPRA membership to answer specific queries as they arise. Ultimately if any perspective purchaser of a flat in your block has concerns about the way Fire Risk is managed in your block they should report this to the Fire service who enforce the Fire Order. If you and your directors have concerns that you are failing to meet your duty under the Order they have Fire Safety Advisors designated to support you in your role.l [Submitted October 2016]

Fire Risk Assessment

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