Under the Regulatory Reform (Fire Safety) Order 2005 (RRO) if your premises consists of more than a single private dwellingthen certain duties will be placed on the responsible person (e.g. the landlord) to undertake a fire risk assessment of your premises and ensure that the general fire safety precautions are suitable and sufficient.
Under the Regulatory Reform (Fire Safety) Order 2005 it is a requirement that a suitable and sufficient fire risk assessment is undertaken to all common areas in block of flats and maisonettes; refuges; student halls of residence; the common areas of HMO’s and sheltered accommodation where care is not provided. These assessments should be undertaken by a competent person – “someone with training and experience or knowledge and other qualities”.
You Must:
- Carry out a fire risk assessment of your premises.
- Identify the significant findings and the details of anyone who may be more at risk from fire.
- Provide and maintain fire safety precautions in your premises.
- Provide information, instructions and fire training to your staff about the precautions and procedures in place at your premises.
- Provide a written fire emergency plan for your premises.
- Fire alarm systems must be tested weekly by you, and annually by an engineer if it is necessary to have one (all tests must be recorded).
- Fire extinguishers need to be tested annually by an engineer if it is necessary to have them (all tests must be recorded).
The enforcing authority, which is usually the local fire authority, must be satisfied with your safety measures. If not, they will / can enforce that you take the necessary precautions and to provide a suitable and sufficient fire risk assessment. If they find major problems they can restrict the use of your premises or close them altogether until you deal with the problems they find.
A risk assessment in common areas has to include for an inspection of reasonably accessible voids such as above suspended ceilings and loft spaces. It must also be considered good practice to inspect sample flats off the common areas to check on detection, alarms and the condition of fire resisting doors, particularly the flat entrance door. Competent building surveyors who undertake risk assessments are well placed to cost and prioritise recommended safety measures and provide a plan of action.
As each premise differs in size, layout, staff, use, and risk it is difficult to be specific on what needs to be carried out. If your fire risk assessment has been suitably and sufficiently carried out, then this will highlight the duties you need to carry out. If you are yet to have a fire risk assessment carried out, or are unsure of how suitable it is please contact us or see our Fire Risk Assessment section
PLEASE PAY PARTICULAR ATTENTION TO THE BLUE PRINT BELOW!!
If you’re the landlord of commercial premises, then you are subject to a range of regulations and laws that you need to be constantly mindful of when running your business. These responsibilities cover a range of rights that your tenant has, and include health and safety requirements as well as more general duties about maintenance and the upkeep of the building. Many responsibilities are shared between you and your tenant, here is a quick rundown of the main areas you need to focus on.
You will typically share responsibilities for health and safety compliance with your tenants. Whilst they may be required to look after the space they rent, the landlord is likely to have to look after compliance in communal areas. For example, if your tenants pay a service charge for a lift to be cleaned and maintained, you will have to ensure that health and safety regulations are complied with in this area.
All owners of any property, commercial or residential have a legal ‘Duty of Care’ towards anyone (yes, amazingly, even burglars) who sets foot on the property. In effect this means that from the moment a person enters a property, be they a courier dropping off a package or an employee of the tenant, the owner of the property is liable for their well being. This places the responsibility on you the landlord to go to all reasonable lengths to make sure your property is a safe environment.
Many commercial landlords believe they must ensure that gas safety checks are undertaken, but it is actually the responsibility of the tenants under the Gas Safety Regulations 1998. The tenants must also ensure that any gas or electrical equipment is maintained and regularly serviced by an engineer who is not only qualified but also registered with the relevant authorities.
Fire safety is another important issue and, again, the responsibility for this is shared between you and your tenant(s). Whilst your tenants may have responsibility for ensuring that fire safety regulations are adhered to in the premises they rent, you will typically have overall responsibility for the building. So, you are likely to have ultimate responsibility for building systems such as a fire alarm.