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For the past 18 months the Regulatory Reform (Fire Safety) Order has replaced previous legislation covering fire safety in non domestic premises. Under the provisions, there must be a ‘responsible person’ in respect of the premises, who is under an obligation to ensure there is a risk assessment in place. The consequences of failing to comply with these regulations are criminal liability along with the risk of vitiating building insurance policies.

Unlike the previous legislation, the requirements do not depend on the size of a business or how many employees work on the premises. Also, the common parts within blocks of flats are caught by these provisions.

With the consequences in mind, it is therefore vital that any purchasers or tenants request copies of the fire risk assessment and equally important that commercial property owners have them in place. Buyers in any event will need to have their own assessment in place before going into occupation, indeed certain lenders will now require this. Landlords of tenanted premises will want to ensure that their tenants have such assessments in place and will want to start including lease clauses allowing them to enter to remedy any tenant’s breach of this legislation at the tenant’s cost. Management companies holding the freehold of blocks of flats also need them in place where there are any common parts.

The responsible person cannot delegate their liability. In each case the responsible person is whoever is in control of the premises, so for example, in an office block let to various tenants with common parts remaining in the landlord’s control, the tenant must have their own assessment in place regarding their premises, as must the landlord in respect of the common parts. Landlords will no doubt want to pass on the costs of this assessment and the works required by it to their tenants via the service charge. A managing agent who is responsible for dealing with the common parts of a building or common fire safety equipment may be the ‘responsible person’ for those areas as could an employer for any part of the premises they control.

The fire authority deals with enforcement of these provisions but does not undertake the assessments, which of course should be carried out professionally. The responsible person, along with ensuring the assessment is done needs to ensure that if a fire broke out on the premises, everyone would be able to escape safely and must take reasonable steps to ensure that the risk of fire is reduced. The fire authority will generally collaborate with the responsible person to assist them in attaining the appropriate standard of fire safety for the premises and will offer advice where the Order has been breached.

Buildings constructed in accordance with modern Building Regulations should have satisfactory structural precautions, but a risk assessment still needs to be carried out and procedures for maintenance routines, fire risk reduction and precautions need to be in place and actively maintained.

For further information please contact Tomasz Dukanovich at Bright solicitors on 01752 764855 or email: tomasz.dukanovich@brightllp.co.uk