Residential Landlords Association Fire Safety Briefing Note
The RLA has recently approached the Government proposing changes to the Fire Safety Order and the need for uniform guidance for residential accommodation. A full copy of the submission is attached. Representatives of the Association will shortly be meeting with Catherine Levin, Head of Fire Prevention Policy at the Department for Communities and Government to discuss this issue.
2. Shared Houses
Attached is a copy of the RLA briefing note regarding shared houses. Subsequent to this, the Working Group which prepared the National Protocol agreed that shared houses should be treated in the same way as private dwellings, ie outside the scope of the Fire Safety Order. The Government indicated that it would issue further guidance to Fire and Rescue Authorities. This enforcement guidance was due to be issued in the Autumn. Whilst it should still be published, the indications are that the residential element of this guidance will be omitted pending further clarification, particularly in relation to shared houses. The RLA will be seeking further information from Government.
3. New Fire Safety Guidance for Residential Accommodation
LACORS (the Local Authority's co-ordinators of regulatory services) are overseeing the preparation of new guidance for residential accommodation. The RLA has been discussing various issues with LACORS and as a result LACORS have agreed that this guidance should deal with private dwellings, shared houses, bedsits and flats. LACORS have advertised for a secondee (possibly from the Fire Service) to undertake this work alongside an advisory committee. The project should take approximately 3 months. A budget is available. There will be wide consultation once the draft guidance has been published. The RLA's view is that this should become the common guidance applicable in residential accommodation, irrespective of which legislation is being enforced. In other words, it would provide uniform guidance for Housing Health and Safety Rating purposes, the Fire Safety Order (where applicable) and HMO licence conditions (where the property is licensable). The RLA has welcomed the LACORS project and is working with LACORS where it can to bring it to fruition. The RLA has been very concerned that there is a lack of available guidance dealing with flats, and hopefully the new guidance should remedy this situation. LACORS brief is attached.
4. Risks Assessments
There is wide uncertainty amongst Landlords as to whether or not they can undertake risk assessment themselves and particularly the lack of available guidance as to how to conduct a risk assessment. The RLA had hoped that this would be an issue that would be dealt with under the proposed new guidance for residential accommodation but, because of budgetary constraints, this is not possible. The problem is exacerbated because the National Protocol requires details of risk assessments to accompany statutory notices, eg notices served under the Housing Act 2004. To date there is no simple guidance available and the current guidance which is being circulated is based on the risk assessment of a shop with a back room! Whilst this may explain the basic principles of risk assessment it does not give Landlords any confidence in how to carry out their duties where they are required to undertake a risk assessment. This problem goes well beyond HMOs because owners of flats and bedsits are required to carry out risk assessments for the common parts of their buildings. Again this is an issue that the RLA are approaching the Government about.
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