Laura Severn, Director at LMP Law, fills us in on the changes laid out in the Government’s now published “Amendments to Approved Document B of the Building Regulations (Fire Safety)”.

The government may seem like it’s taking its time regarding effective and sympathetic changes to residential high rise living, but with leasehold law, it’s extraordinarily complicated, involving a plethora of legislative changes.

As we said in an earlier 2020 Flat Living article; the residential sector has and is still going through trauma from Grenfell, together with challenging times this year owing to Covid 19 and Brexit. 

The team at LMP Law are offering free webinars to everyone working in property management and block management to ensure each and every person working to secure safety for their tenants understand the legal updates as they come out.

Health & Safety Changes To High Rise Living

Further to the horrific tragedy of Grenfell in July 2018 the Government vowed to undertake a full technical review of Approved Document B (fire safety), statutory guidance to Part B of Schedule 1 of the Building Regulations 2010. 

Part B sets out five functional requirements made to secure reasonable standards of health and safety for persons in and around the building. 

If you’re a tenant, this document may seem mind blowing and intimidating, however it’s ultimately a document which guides building regulations.

The original Approved Document B was put in place in 2010 to provide guidance on how to meet building regulations. Part B contains guidance on fire safety, including means of escape, fire spread, structural fire protection and fire service access.

What’s Happening with Fire Safety Now?

The Government has now published Amendments to Approved Document B of the Building Regulations (Fire Safety). This is specifically for England, as Wales already have a requirement for sprinklers in all dwellings including flats.

So if you’re in a block of flats (or mixed use building that containing flats) with a top floor more than 11 metres above ground level there are going to be changes to your fire safety provisions.

The changes include new builds, material alterations, material change of use and extensions.

What Are the Changes?

If you’re a tenant then this is a wise read to note when speaking to your landlord or contractor; if you’re a property management or block management specialist you will be ensuring all of the below points are made a priority:

• The height threshold for the provision of sprinklers is reduced from 30m down to 11m.
• BS9251 or BS EN 12845 continue to be recommended for sprinkler system installations in flats.
• There will be no recommendation for sprinklers to be provided in common areas when these are fire sterile (lacking in combustible materials.)
• New guidance is included for the provision of consistent way-finding signage for use by the fire service in flats with a top floor more than 11m above ground level.
• Signage should include floor level identification and information about flats accessed on that floor.
• The new provisions will apply to extensions so that sprinkler protection and way-finding signage will be necessary in any newly formed accommodation in buildings with a floor 11m or more above ground level.

When Are the Changes Effective?

The amendments to the Part B doc take effect on 26 November 2020 except in respect of:

• Work subject to an initial notice (IN), building notice (BN) or deposit of full plans (FP) commenced before that date; or
• Work for which an IN, BN or FP was given before 26 November 2020 and the work commences before 29 January 2021.

Conclusion

Health and Safety in the residential sector currently is paramount.  The Approved Document B addresses fire safety precautions which must be adhered to, to ensure the safety of occupants, firefighters and those close to the building in the event of a fire.  Changes have to be made owing to inquiries and consultations. Having the means to escape clearly understood, along with the ability to internally isolate a fire so it doesn’t spread (and fires spread FAST), giving firefighters access to the building and its facilities, fire detection and warning systems in place have had to change. 

Speak to a lawyer you if aren’t sure of your rights.

Laura Severn is a Director at LMP Law, specialist lawyers with a keen focus on the property management industry, with over 20 years combined experience in property law.