The question of who is responsible for the maintenance and repair of flat front doors for the purposes of ensuring fire safety is a question that arises often. In this brief article, the building safety team at JB Leitch explore the question further and provide key pointers for Landlords and Managing Agents to consider.
Determining responsibility for the maintenance and repairs of flat front doors in leasehold properties can often be a source of confusion and dispute, especially in the context of works required to ensure that the doors meet requisite fire safety standards. The starting point, is to consider the terms of the lease agreement and the extent of the leaseholder’s demise. However, recent legislation has considered responsibility for flat front door upkeep required to make the door suitably fire resistant.
Following the Fire Safety Act 2021, which confirmed that flat entrance doors are now in scope of the Regulatory Reform (Fire Safety) Order 2005 (the “Fire Safety Order”), the rules regarding inspection and maintenance of flat front doors are supplemented by the Fire Safety (England) Regulations 2022 (the “2022 Regulations”).The 2022 Regulations, which came into force on 23rd January 2023, made it a legal requirement for the Responsible Person (as defined in the Fire Safety Order and could include landlords, management companies, Right to Manage companies or managing agents) in relation to blocks containing two or more dwellings to:
- Take account of flat entrance doors in a Fire Risk Assessment (“FRA”) of the building and review the FRA regularly.
- Put in place general fire precautions, which includes making sure that all fire doors (including flat entrance doors) are capable of providing adequate fire protection.
The 2022 Regulations also require Responsible Persons, as part of its wider obligations, to display and share fire safety instructions to residents as soon as reasonably practicable after they move in and at periods not exceeding 12 months thereafter to provide to residents of all multi-occupied residential buildings with two or more sets of domestic premises (that have common parts) information about fire doors and particularly flat entrance doors. Such information should include that: i) fire doors should be shut when not in use, ii) residents and their guests should not tamper with self-closing devices on fire doors and iii) residents should report any fault with, or damage to, fire doors immediately to the Responsible Person.
Where a block is over 11 metres in height, the Responsible Person is required to comply with the additional duties including flat entrance door checks not less than every 12 months. In accordance with the guidance to the 2022 Regulations, it is intended that the Responsible Person, or their staff, can carry out the checks such that the checks should not involve technical examination of doors or the original standard of installation.
Additional duties are imposed on the Responsible Person of higher-risk buildings, meaning those exceeding 18 metres in height. Such duties include (broadly):
- Providing suitable signage to assist fire and rescue service crews with orientation in the event of fire.
- Provide a secure information box (to be inspected at least annually to ensure that it remains secure), readily available to the fire and rescue service, containing details of the Responsible Person, the persons entitled to access to the behalf of the Responsible Person and the floor and building plans.
- Provide an electronic record of the design of the external walls of a building to the fire and rescue service.
- Provide electronic copies of the floor plans and building plan to the fire and rescue service.
Undertake monthly routine checks of all relevant lifts (intended to be used by fire fighters and the evacuation of disabled people, rising mains, smoke control systems, fire suppression systems, fire detection and alarm systems, evacuation alert systems and automatic fire door opening or closing systems.
Access: The Lease Agreement:
In most leasehold properties, the lease agreement specifies the responsibilities of both the leaseholder and the landlord concerning maintenance and repairs of flat entrance doors. If the landlord or management company is responsible for the maintenance and repair under the lease, then consideration has to be given to the access provisions in the lease. This also applies for the purposes of the carrying out by the Responsible Person of its duties outlined above.
The intention of the 2022 Regulations seems to be that arrangements should be made by leaseholders to grant access to flats to enable the Responsible Person to carry out its duties in relation to flat entrance doors. In the event of an impasse, it may be necessary for the Responsible Person to obtain an order from the court granting access.
In Summary:
Responsibility for the maintenance and repairs of flat front doors in English and Welsh leasehold properties is primarily determined by the terms of the lease agreement. However, the terms of the lease notwithstanding, a person who may find itself being a Responsible Person under the Fire Safety Order, should remain vigilantly aware of its obligations under the recent legislation in relation to flat front doors.
If you have any questions relating to this article, please contact: [email protected]
