Gary, Lee and Bob from 4site Consulting answer some of your questions from the Leasehold Social Zoom event.
On Thursday 10th September 4site took part in a video conference with Leasehold Social where we spoke with various property and leasehold professionals about some of the most recent changes and updates in regards to fire safety in residential blocks.
For this month’s article, we thought it would be a great opportunity for the readers of Flat Living magazine to cast their eyes over some of the questions that came up in this session!
What are the main changes to come from the Fire Safety Bill 2020?
Gary, Bob and Lee started the session by discussing the Fire Safety Bill 2020 and some of implications for Property Managers and Landlords. The main points discussed were that the introduction of the Fire Safety Bill will give Managing Agents the power to inspect leaseholders’ entrance doors rather than making assumptions of their condition. When the Bill is released, this will of course require good communication between leaseholder’s and Managing Agents; which is where your residents engagement strategy will take effect.
Will Managing Agents need to communicate with the tenants or flat owners regarding fire doors?
The responsibility for the flat entrance door falls on the flat owners. Therefore, the Managing Agent for the building will need to communicate with them regarding fire door inspections and it is then their responsibility to pass this down to anyone who is renting out the flat.
Ultimately, it is the responsibility of the responsible persons (be it the Freeholder/Landlord or Managing Agent) to ensure that tenants’ front doors in communal areas meet compliance and are regularly inspected.
What are the changes proposed in the Draft Building Safety Bill?
After this, we went on to discuss the Draft Building Safety Bill which was published in July 2020 and applies to all buildings within its scope (18m or higher).
One of the questions that has been raising debate for a while is ‘who is going to be the Building Safety Manager?’
Though the Bill is still in its draft stage, we do know that the Building Safety Manager will have a high level of responsibility and a specific level of competency will be required.
Furthermore, it is likely to be a third-party role external to Managing Agents.
However, it is important to note that the Accountable Person for the building will still need to be somebody who has first-hand knowledge and management of the building.
What is a Safety Case?
Another key aspect of the Draft Bill is the introduction of the Safety Case.
The Accountable Person for the building will need to demonstrate to a Building Safety Regulator that they are doing everything that can be reasonably expected of them to ensure that fire and structural building safety risks are being managed. This may likely be a much easier task for newer buildings but could prove more difficult for older buildings. Much like a service book for a car, the safety case will stay with the building throughout the life cycle of the building.
Safety Cases are commonplace in high risk industries such as Railway, Nuclear and Petrol-Chemical; where higher levels of confidence in safety must be demonstrated. So, they are not a new concept, only new to residential property management.
But what if a building’s Safety Case is not up to scratch?
In this case, the Building Safety Regulator will not issue the Building Assurance Certificate and it is the responsibility of the accountable person to meet the requirements. This is where a compartmentation survey may possibly be recommended.
What is a Compartmentation Survey and when are they required?
Purpose built buildings that you sleep in – i.e. care homes, hotels and residential blocks, should be designed and constructed in a way to prevent spread of smoke and fire. Doors within compartmented walls should be fire doors and pipes, cables, joists etc. should be fire rated to prevent the spread of smoke and fire. Furthermore, compartmentation around flats should ensure that a fire is contained within the flat of origin until it is extinguished by the Fire Services.
This is not always the case, and if a Fire Risk Assessor or other safety professional has noted breeches in compartmentation during a Type 1 (non-intrusive) Fire Risk Assessment, they are likely to make recommendations to have a Compartmentation Survey carried out (also known as a Type 4 Fire Risk Assessment).
A Compartmentation Survey will assess the condition of any defects in compartmentation in accordance with British Standards Approved Document B. Though the Fire Safety Order 2005 does not define the type of Fire Risk Assessment that is required, it should be suitable and sufficient for that building at the time it is carried out.
It is only recommended to have a Compartmentation Survey carried out if there is reason to believe there is a breech in compartmentation. In many cases, it is a recommendation from the local fire authority in the form of an enforcement notice.
What about EWS1 Forms?
The EWS process is a way for a building owner to confirm that an external wall system on residential buildings has been assessed for safety by a suitable industry expect or competent person.
EWS1 forms have become an increasingly popular request for us as they are something that mortgage companies are now commonly looking for in the sales of flats. It is important to note that EWS1 forms require a competent person to sign them off; this is likely to be somebody at engineer level or higher.
