We are often asked about Fire Risk Assessments and Asbestos Surveys when we are buying or selling a flat (although the rules largely apply to commercial premises as well). The requirements are not particularly new, but where flats have been owned for a while, or where a building has been “self managed” there can sometimes be some gaps in the documentation where there probably shouldn’t be. The good news is that usually these gaps can be filled fairly easily.
Fire Risk Assessments
The law around Fire Risk Assessments sits in The Regulatory (Fire Safety) Reform Order 2005 for flats in England and Wales. This order places certain duties on the “responsible person” – namely any party who has control over non-domestic premises or a degree of control over certain parts of the premises. Even a small communal hallway will usually be classified as non-domestic premises since the area is not in itself a dwelling.
The Responsible Person is charged with ensuring that there a suitable and sufficient Fire Risk Assessment in place. This Assessment must be undertaken by “a competent person” and must identify the fire hazards and risks within the premises. Following the assessment the Responsible Person must ensure that the items referred to in the “fire action plan” are suitably addressed.
The Responsible Person is required to regularly review the Fire Risk Assessment – which generally means that it should be checked annually or whenever there is a change in the level of risk at the premises.
The law does not set out who is “a competent person”. It is quite possible (particularly if the block and the communal areas are modest in size) for a private individual who knows the premises well to prepare their own risk assessment, and it is relatively easy to find self-assessment templates on the internet. Alternatively there are, of course, hundreds of firms who specialise in providing professional Fire Risk Assessments (which can also include a more general health and safety audit).
Asbestos Surveys
The law around asbestos management sits in The Control of Asbestos Regulations 2012. This legislation places duties on building owners to manage asbestos on their premises. When it comes to flats, this duty is likely to be restricted to those parts that are not let out on long leases (including the small communal hallway that is mentioned above).
As you might expect, the first stage in managing asbestos is to determine whether or not there is asbestos on the premises, and it will usually be necessary to carry out an asbestos survey to identify the location, type and conditions of any asbestos containing materials (commonly abbreviated to ACM’s). If the property has been built after 2000 you are entitled to assume that there is no asbestos present (since the use of asbestos as a building material was outlawed in 1999).
If asbestos is identified as being present, this is by no means the end of the world. It is, however, a risk that will need to be managed and it will be necessary to have in place an Asbestos Management Plan. This plan will (amongst other things) set out the location of the asbestos in the building (the “Asbestos Register”) and will set out who is responsible for asbestos management and a schedule for the type and frequency of monitoring the ACM’s.
It will often be necessary to send away samples of suspected ACM’s for testing to determine whether or not they do contain asbestos. For this reason an asbestos survey will need to be carried out by an experienced consultant who has access to testing facilities. Once the presence of ACM’s has been determined the consultant will be able to advise on the steps that would need to be taken to manage the risk of their presence. As you would expect there are hundreds of firms who specialise in providing asbestos surveys and the management plan that follows.
Note:
This article does not constitute legal advice and is intended to be guidance only. Ashworths are specialist property solicitors based in Wimbledon and one of our team would be pleased to talk to you about the sale or purchase of your residential or commercial property.