Richard Brooks, solicitor, Anthony Collins
Extinguish fire risks
Following the Lakanal House fire, landlords should ask themselves some key safety questions
What practical steps must landlords of high-rise blocks take after the fatal fire at Lakanal House? Their legal duties are set out in the Regulatory Reform (Fire Safety) Order 2005, which requires them to carry out a fire risk assessment.
Whenever risks change, the risk assessment should be reviewed. The fire at Lakanal House, in Camberwell, south London, spread much more rapidly than expected, and this changes the risk profile for high-rise buildings.
Landlords should ask themselves:
- Are there systems in place to ensure that the organisation complies with its duty to carry out and update fire risk assessments?
Whoever carries out assessments should make reference to the available guidance issued by Local Authority Co-ordinators of Regulatory Services, the Chartered Institute of Environmental Health and the Chief Fire Officers Association.
- Is the fire safety information available to occupants of high-rise residential premises clear and consistent with the fire risk assessment for the building?
When reviewing this material landlords should consult key stakeholders including the fire and rescue service, and tenants’ representatives.
- Is this information communicated effectively with tenants? Is it available in a variety of different formats and do tenants understand the information?
- Are the means of escape from the building clear of combustible and other materials?
Is the escape suitably illuminated? This includes the provision of emergency lighting and signage to help occupants escape safely in the event of a fire.
- Has the installation of battery operated smoke detectors been considered for all existing high-rise social housing on each level of the block, in compliance with current standards?
- Do landlords consider upgrading active fire protection systems at the time of major refurbishment or upgrading of the electrical installation?
- Are gas safety procedures for gaining access robust enough for high-rise blocks in particular?
All these points should be considered as possible responses to fire hazards identified in your buildings.
Landlords should also bear in mind that any fire hazards identified might impact on how a building scores under the Housing Health and Safety Rating System (England) Regulations 2005.
These regulations give local authorities sweeping powers to give landlords notices to improve premises, such as the removal of category 1 hazards, within 28 days.
Local authorities can even serve prohibition notices preventing the use of a part or the whole of a building, where there are serious threats to health and safety. Calderdale Council, for example, has recently issued an emergency prohibition order closing a privately owned tower block following a series of fire safety checks, requiring 46 households to be moved.
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