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Time for a new legal status for ‘responsible occupiers’ on fire safety

Landlords are sometimes unable to fulfil duties because of restrictions and terms in leases of building occupants. It’s time for legislation to end this argues Jan Taranczuk

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TIme to end confusion over leases on fire safety, writes @jantaran #ukhousing

In her interim report, Dame Judith Hackitt identified a need to create a clear, adequate and statutory route for residents to raise concerns about fire safety.

She also highlighted the need to find a way to confirm the safety of a building whilst it is occupied and being maintained.

One of the challenges for many landlords is that their buildings are occupied by a mix of tenants and leaseholders, and their ability to effectively manage the safety of the building can be restricted by the various terms of the leases that exist.

“There is a concern that safety can be compromised by the unwillingness or lack of knowledge of some occupiers, and that current legislation is inadequate.”

It is an acknowledged ‘norm’ that health and safety at work is the responsibility of everyone. Employers must take their responsibility seriously, as must individual employees. Employers must also provide appropriate training for their employees.

Perhaps it is time to apply the same principles to residential housing, while being absolutely clear that landlords and freeholders hold the ultimate responsibility for the safety of a building.

The landlord’s responsibility for fire safety is identified in legislation through the ‘responsible person’.


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While there continues to be some uncertainty about how that person can be identified when the building is owned by a private company – and that has to be resolved following the review – there is general acceptance that in the social housing sector that role is held by a senior executive or chair of the board.

While there has been much publicity about the “failings” of some landlords with regards to the management of fire safety, there have also been occasions where landlords are unable to fulfil their duties because of restrictions placed on them by the terms of the leases of building occupants. There is a concern that the safety of the building, and its occupants, can be compromised by the unwillingness or lack of knowledge of some occupiers, and that current legislation is inadequate.

It is generally accepted that the differences between leases (sometimes in the same building) are causing considerable difficulty in effectively managing safety generally.

For example, the Gas Safety (Installation and Use) Regulations 1998 require landlords to annually inspect supplied gas appliances.

The landlord can ensure that all the tenanted properties in a block are 100% compliant with regards to gas inspections, but may have no information about the safety of the gas appliances in flats occupied by leaseholders. It is the same for domestic electrical equipment and wiring tests, too.

“It would be very helpful if the creation of a legal status of a responsible occupier could supersede all lease terms and place a responsibility on the occupier to provide information to the landlord, irrespective of lease or tenancy.”

In addition, the leaseholder is not required to provide – or make available if requested – information to confirm that fire safety has not been compromised, and generally, the landlord has no right of access to check any element of fire safety that might compromise the building’s compartmentation.

It would be very helpful if the creation of a legal status of a responsible occupier could supersede all lease terms and place a responsibility on the occupier to provide information to the landlord, irrespective of lease or tenancy.

The responsibility would require the occupier to behave in a prescribed manner and have a legal duty to co-operate with the responsible person to maintain safety in a residential building.

It is not intended that the creation of the new status would affect the lease terms with regard to responsibility for the apportionment of costs, nor dilute, in any way the responsibilities of the landlord.

Jan Taranczuk, director, Jan Taranczuk Associates

The Hackitt Review

The Hackitt Review

Photo: Tom Pilston/Eyevine

Dame Judith Hackitt’s (above) interim report on building safety, released in December 2017, was scathing about some of the industry’s practices.

Although the full report is not due to be published until later this year, the former Health and Safety Executive chair has already highlighted a culture of cost-cutting and is likely to call for a radical overhaul of current regulations in an interim report.

Dame Hackitt’s key recommendations and conclusions include:

  • A call for the simplification of building regulations and guidelines to prevent misapplication
  • Clarification of roles and responsibilities in the construction industry
  • Giving those who commission, design and construct buildings primary responsibility that they are fit for purpose
  • Greater scope for residents to raise concerns
  • A formal accreditation system for anyone involved in fire prevention on high-rise blocks
  • A stronger enforcement regime backed up with powerful sanctions

The Paper Trail: The Failure of Building Regulations

Read our in-depth investigation into how building regulations have changed over time and how this may have contributed to the Grenfell Tower fire:

Never Again campaign

Never Again campaign

In the days following the Grenfell Tower fire on 14 June 2017, Inside Housing launched the Never Again campaign to call for immediate action to implement the learning from the Lakanal House fire, and a commitment to act – without delay – on learning from the Grenfell Tower tragedy as it becomes available.

One year on, we have extended the campaign asks in the light of information that has emerged since.

Here are our updated asks:

GOVERNMENT

  • Act on the recommendations from Dame Judith Hackitt’s review of building regulations to tower blocks of 18m and higher. Commit to producing a timetable for implementation by autumn 2018, setting out how recommendations that don’t require legislative change can be taken forward without delay
  • Follow through on commitments to fully ban combustible materials on high-rise buildings
  • Unequivocally ban desktop studies
  • Review recommendations and advice given to ministers after the Lakanal House fire and implement necessary changes
  • Publish details of all tower blocks with dangerous cladding, insulation and/or external panels and commit to a timeline for remedial works. Provide necessary guidance to landlords to ensure that removal work can begin on all affected private and social residential blocks by the end of 2018. Complete quarterly follow-up checks to ensure that remedial work is completed to the required standard. Checks should not cease until all work is completed.
  • Stand by the prime minister’s commitment to fully fund the removal of dangerous cladding
  • Fund the retrofitting of sprinkler systems in all tower blocks across the UK (except where there are specific structural reasons not to do so)
  • Explore options for requiring remedial works on affected private sector residential tower blocks

LOCAL GOVERNMENT

  • Take immediate action to identify privately owned residential tower blocks so that cladding and external panels can be checked

LANDLORDS

  • Publish details of the combinations of insulations and cladding materials for all high rise blocks
  • Commit to ensuring that removal work begins on all blocks with dangerous materials by the end of 2018 upon receipt of guidance from government
  • Publish current fire risk assessments for all high rise blocks (the Information Commissioner has required councils to publish and recommended that housing associations should do the same). Work with peers to share learning from assessments and improve and clarify the risk assessment model.
  • Commit to renewing assessments annually and after major repair or cladding work is carried out. Ensure assessments consider the external features of blocks. Always use an appropriate, qualified expert to conduct assessments.
  • Review and update evacuation policies and ‘stay put’ advice in the light of risk assessments, and communicate clearly to residents
  • Adopt Dame Judith Hackitt’s recommended approach for listening to and addressing tenants’ concerns, with immediate effect

CURRENT SIGNATORIES:

  • Chartered Institute of Housing
  • G15
  • National Federation of ALMOs
  • National Housing Federation
  • Placeshapers

 

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