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Wandsworth sprinkler plans set for tribunal
A London borough’s plans to charge leaseholders for the retrofit of sprinklers in 100 high rises will go to a tribunal.
Conservative-run Wandsworth Council announced plans to install sprinkler systems in all 6,400 flats in its tower blocks of 10 storeys and above the week after the Grenfell Tower fire on 14 June 2017.
In September, its cabinet approved proposals to attempt to recover some of the £24m cost of the works through leaseholder service charges.
At a meeting held behind closed doors last night, the leadership agreed to make a “proactive application” to a First-tier Property Tribunal after five residents’ associations lodged objections to the plans.
The tribunal will assess whether the sprinkler retrofit can be imposed on leaseholders and whether making them pay through service charges is reasonable.
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The 2,358 leaseholders affected would be made to pay between £3,000 and £4,000 for the sprinklers over 48 months, the council estimates.
It has received legal advice that its Right to Buy leases will enable sprinkler costs to be recovered through service charges.
No other councils have indicated they are able to do so.
A report by Brian Reilly, director of housing and regeneration at Wandsworth Council, states that “if works are necessary and chargeable under the terms of the lease then the council is under a strict fiduciary duty to recharge”.
However, it adds that leaseholders’ views “would be fully considered before any decision was made” and that the council hopes to minimise charges by requesting financial assistance for the programme from the government.
Cost is only the main issue for some disgruntled leaseholders, with others opposed because they feel sprinklers are disruptive or unnecessary, according to Mr Reilly’s report.
No sprinklers will be installed before the tribunal decision has been made in late 2018.
Malcom Grimston, an independent councillor on Wandsworth Council, said: “One lady was in tears at the overview and scrutiny committee meeting last week. She just spent £10,000 decorating within her own flat and now she has got the prospect of getting all this done.
“There are a number of people who do want sprinklers. What I have been arguing all along is we need to listen to people and have a block-by-block consultation with residents. If these were private blocks there would be no-one forcing sprinklers on leaseholders.”
A spokesperson for Wandsworth Council said: “Following the tragic events at Grenfell Tower we took the view that installing sprinklers in 100 of our taller tower blocks was the right way forward to ensure that everyone living in our high rise properties would have a much greater degree of safety and protection for their families and their property. This decision was based on the advice of the fire brigade and also a whole range of construction experts and other professional bodies and would ensure that these blocks adhere to current building standards.
“Since announcing that proposal some leaseholders have come forward to say they disagree with this approach and do not wish to pay a share towards the cost of installing this fire safety equipment. We have listened to their concerns and as a result have proactively applied to the first tier property tribunal to ask this independent body to rule on whether or not we have the authority as freeholder to proceed with this scheme. This means that the leaseholders will have a platform to argue their case and we would encourage them to do so and make sure their views are heard.”
Update: at 15.51pm, 24/01/18: A statement from Wandsworth Council was added to the story.
