Fire Risk Assessments: A Number One Priority

Sinead Campbell, of London Flats Insurance, discusses the need to ensure you are meeting your health and safety responsibilities.

With several instances of fire in London over the past few months, fire safety and your responsibilities in this area must be at the forefront of your mind as a Property Manager or Residents’ Management Company (RMC) Director.

In July alone we saw a tower block fire, which took 125 firefighters and 15 fire engines to bring under control, as well as the new phenomenon of urban wildfires which destroyed 40 properties. The London Fire Brigade fielded 2670 calls and attended 1000 incidents in a single day during the heatwave- now is not the time to be complacent.

Here we’ll be giving you a reminder of your responsibilities under Health and Safety law.

Your Obligations

Any party responsible for a block of flats is legally required to undertake a Fire Risk Assessment of the common parts of the building and to keep that assessment under regular review while complying with any recommendations made.

While assessments should be completed by an ‘competent person’, the buck ultimately stops with the RMC or Managing Agent- so due diligence is advised before settling on a contractor to complete the task.

Fire Officers have the right to enter any block of flats to inspect the building and any risk assessment paperwork at any time. They can issue enforcement notices to improve fire safety should the need arise, so keeping a paper trail of assessments, reviews and any improvements made is vital.

What is a Fire Risk Assessment?

Fire risk assessments are a legal requirement of anyone who manages a residential or workplace building in the UK. They involve the review of a building and its fire risks- the findings of which must be recorded in written form if more than 5 people regularly occupy the building.

A ‘competent person’ (more on this term later) must attend the building and assess its fire risk- making recommendations to make the building safer if necessary.

An assessor will likely consider:

How likely a fire is to start in the building in its current state
What the consequences would be if a fire did start with the building in its current state
What needs to be done in the building to minimise the risk of fires starting and/or spreading

What Does a Fire Risk Assessment Cover?

The assessment looks at what ‘general fire precautions’ are currently in place in the building’s common areas. The complexity of the assessment will depend on the size and usage of the building- a small HMO will require a less in-depth report than a large block of flats, for example.

In all cases, the assessor will look at measures in place to:

Reduce the risk of a fire starting e.g. ‘no smoking’ signs or regular electrical safety checks
Reduce the risk of fire spreading e.g. fire doors
Alert people about a fire in the building e.g. working smoke alarms
Enable people to escape from the building e.g. clear escape routes and safety lighting
Tell people what to do if a fire starts e.g. a displayed emergency plan
Reduce the harm caused if a fire starts e.g. fire extinguishers or sprinklers

The general fire precautions must protect:

People who are allowed to be in the building
People near the building, who may be at risk if a fire started

Who Counts as a ‘Competent Person’?

While the law simply states that the assessor must be competent enough to complete a ‘suitable and sufficient’ assessment of your particular building, it’s only with reference to leading industry bodies that some clarity is provided on this.

The Leasehold Advisory Service states that “if you don’t have the expertise or time to do a fire risk assessment yourself, you should appoint a specialist to do it for you…if you live in a large or complex building it is recommended that you get a professional to carry out the assessment.”

They go on to refer to The National Fire Chiefs Council (NFCC) who state that “No matter who carries out your fire risk assessment, duty holders retain responsibility for ensuring that the assessment fulfils the requirements of the law. If you have duties under Fire Safety law, you are not expected to be an expert in assessing and controlling fire safety risks, but even when employing a contractor to help with an assessment or additional safety measures, reasonable checks should be made to ensure that the contractor is competent to properly undertake the work.”

As well as making it clear that you should feel confident in approaching your local Fire and Rescue Authority for guidance (although it’s worth noting that they can’t carry out assessments or reviews for you), they also provide a handy download from the Fire Risk Assessment Competency Council that outlines a set of criteria which can be used to judge whether or not a person is deemed ‘competent’ in their eyes.

How Often Should a Building be Assessed?

As a general rule and according to The Leasehold Advisory Service and The Local Government Association, assessments should be reviewed if:

There is reason to believe the current assessment for the block is no longer valid
There have been any significant changes within the block such as major works

For purpose-built blocks that are less than 20 years old and up to 3 storeys above ground level:

Re-assessments should be carried out every 2 years if no significant changes have occurred
A full re-assessment should be carried out every 4 years if no significant changes have occurred

For older buildings or with more than 3 storeys:

Re-assessments should be carried out every year even if no significant changes have occurred
A full re-assessment should be carried out every 3 years even if no significant changes have occurred

For buildings considered extremely high risk, a full re-assessment on an annual basis is advised.

What steps Can I Take to Make Sure I’m Compliant?

The NFCC suggest that the following steps are taken to ensure you are complying with Fire Risk Assessment law as the person or agent responsible for a residential building:

Be satisfied that the fire risk assessor who carries out the work is competent. This can be demonstrated by them providing evidence of compliance with the competency criteria set down by the Fire Risk Assessment Competency Council (see above).
Check that they have experience of working for your kind of business and premises.
Be clear about the scope of the work to be carried out and ensure that the assessor is provided with access to all areas of the premises and with relevant information.
Obtain alternative quotes – make sure they all cover the same scope, so you can draw a proper comparison.
It is advisable to request references from previous clients in similar premises types; ask them if they were satisfied and if any problems were later identified by the Fire and Rescue Authority.
It is advisable to ask for proof that they have sufficient professional indemnity insurance and to seek assurance that the contractor is impartial and has a complaints procedure.
Keep and maintain records of the steps you took in selecting your fire risk assessor.

The responsibility of ensuring your residents’ safety, and the safety of their investments, must be taken seriously and due diligence is vital. It’s also important to make sure you document your efforts to comply with the law to protect yourself against any claims should the worst happen. If you need a quotation for a Fire Risk Assessment visit Block in a Box today https://blockinabox.co.uk/fire-risk-assessments/.

For more information, please contact a member of the London Flats Insurance team on 020 7993 3034.