Fire Safety in blocks of flats | Relevant Legislation Pt 2 - Housing Act 2004
The legislation surrounding fire safety in blocks of flats can seem to be too much to read and take on board. However, it is essential that anyone building, designing or operating a block of flats has an understanding of the legal requirements.
Last week, we looked at the Building Regulations, this week we will examine the Housing Act 2004 and next week, the Regulatory Reform (Fire Safety) Order 2005.
Housing Act 2004
The Housing Act 2004 does not just pertain to blocks of flats, but they are included in its remit. Furthermore, the Act has implications for each flat within a block, not just the block as a whole, but does also impact upon common areas and corridors within the block.
The Act makes provision for inspections to take place under the Housing Health and Safety Rating System (HHSRS). This system and its inspections are intended to make note of any hazards within a building against 29 different criteria, one of which is fire risk. It then looks at the potential risk that a hazard poses.
The risks which are encountered through the HHSRS are then categorised as either Category 1 or Category 2 hazards. Category 1 issues are considered to have a higher risk than Category 2 issues.
As the Local Housing Authority is the enforcing agent for HHSRS, if they become aware that a Category 1 or 2 risk exists within a facility, they are obliged by law to undertake a full inspection of the premises. This would encompass a full inspection of each flat within the block and examination of all communal areas.
If a Category 1 hazard is confirmed or new hazards are encountered, the Local Authority is charged with taking enforcement action which may be in the form of issuing a notice demanding that remedial works are undertaken to remedy the hazard, or they may prohibit use of the building, either as a whole or in part, depending upon the severity of the hazard they encountered. In severe cases, the housing department may be forced to make emergency remedial action themselves.
If a Category 2 hazard is confirmed during the HHSRS, the housing authority has the power to issue notices as described for Category 1 hazards, but they are not in a position to instigate emergency remedial action.
The person on whom the notice is served has a right of appeal and should do so to the Residential Property Tribunal.
Next week's blog will look in more detail at the Regulatory Reform (Fire Safety) Order 2005 and how it can impact on blocks of flats.
In the meantime, if you would be interested in knowing more about fire legislation that could affect you, or you would like to know more about Complete Fire Safety Management online and how that can help you to meet your legal requirements, please contact Peter Gyere on 020 8668 8663.
Our aim, at Complete Fire Safety Management, is to make the process of becoming fire safe, straightforward and, to use our expertise in fire risk assessment and fire safety management to guide you through each step, resulting in your premises meeting all legal, insurance and ethical fire safety considerations.
