Fire risk assessment findings in a six-storey block
Ash Court is a six-storey block (17.5 m) with 42 flats and a ground-floor launderette. It was built in 2008. The fire risk assessment records: 12 flat entrance doors without intumescent strips or self-closers; a mobility scooter stored in the ground-floor lobby; and grease build-up in the launderette's extraction duct. The managing agent has a £10,000 health and safety budget. Five leaseholders have refused access to inspect their flat entrance doors. One says: 'My front door is my property; the landlord cannot touch it.' A leaseholder in the lobby says the scooter belongs to her elderly mother and she cannot remove it. The building is not listed.
1. Is Ash Court a higher-risk building under the Building Safety Act 2022? What duties apply regardless?
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Definition. A higher-risk building under the Building Safety Act 2022 is at least 18 metres high or has at least seven storeys, and contains at least two residential units. Ash Court is 17.5 m and six storeys, so it is not an HRB.
Consequences. No Building Safety Manager, resident engagement strategy or HRB registration regime is required on that ground. But the Regulatory Reform (Fire Safety) Order 2005 still applies: the responsible person must assess and manage fire risk in the common parts, maintain fire precautions and cooperate with other responsible persons (for example the launderette). Health and safety and lease duties also apply.
Conclusion. Treat the FRA seriously, but do not apply HRB-only duties; document the building's height/storey assessment.
2. How should the agent prioritise the fire risk assessment actions and deal with the access refusals and the scooter?
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Prioritise by risk. Immediate: remove the mobility scooter from the escape lobby (obstruction can be fatal); clean the grease duct (high fire load); then door remediation. Record actions and dates.
Access refusals. Check the lease for a right to inspect and repair. Give written notice, explain the fire safety purpose, offer convenient appointments and use a competent contractor. If refused, consider a court injunction or ask the fire authority to enforce; do not force entry without legal advice.
Scooter. Explain the risk to the resident and offer alternative storage if available. If refused, enforce the lease/common parts rules proportionately. Avoid self-help removal without following procedure.
Commercial unit. Coordinate with the launderette tenant; the grease duct may be their responsibility, but the landlord must ensure the common escape is safe.
3. Who should pay for remediating the flat entrance doors, and what consultation and communication is needed?
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Check the lease. If the flat entrance doors are within the tenant's demise and the lease makes the tenant responsible, the cost may be recharged to those leaseholders. If the landlord is responsible for common parts/fire precautions, it may be a service charge item. The FRA and lease wording decide.
Consultation. If the works are qualifying works and a leaseholder's contribution exceeds £250, s.20 consultation applies. If individual rechargeable works fall outside the service charge, still give a clear specification and cost.
Communication. Explain why the doors matter (escape route protection), what standard is required, who pays and the timetable. Offer a single contractor to ensure consistency. Avoid labelling leaseholders as obstructive; explain the legal duty.