What is a Fire Risk Assessment for Flats?
Not having, or having an out-of-date, Fire Risk Assessment can delay the conveyancing process by weeks. The freeholders may delay taking action, or simply push back, saying it isn't required.
The freeholder of a leasehold block of flats, whether purpose built or a conversion, has the legal responsibility to carry out a fire risk assessment for the block and, based on the result of that assessment, to install features which ensure that the whole building and all the flats within it are up to the appropriate legal standards required for fire safety.
Ignoring the issue won't make the issue go away. The buyer's solicitors will raise the enquiry and most likely not budge without the issue being resolved. Are you unsure if you need a survey on a leasehold flat? Read our guide. This article explains what a FRA is, how to get one, how long they remain valid for, and what to do if your freeholder won't agree.
The legal aspect of Fire Risk Assessments for Flats
Purpose-built flats and conversions should be designed from the outset with fire safety in mind, and it’s a legal requirement for all blocks of flats (including houses converted into two or more flats) to have a fire safety risk assessment. This is a responsibility that falls on the freeholder or the 'responsible person' they appoint (often a managing agent).
This will at the very least include the communal areas and the front doors of individual flats (which must be fire-resistant doors). For conversion flats, the risk assessment may well need to extend to the interior of the flats themselves.
Lenders, as highlighted in the UK Finance Lenders' Handbook, need to be satisfied that the common parts of a property are in a good state of repair and adequately insured.
An up-to-date Fire Risk Assessment is a key element in ensuring this, as it informs the necessary fire safety measures and therefore the insurability and overall safety of the building, which protects the lender's investment.
If you're selling a flat with cladding issues, this could also impact the conveyancing process.
Key Fire Safety Legislation in the UK
Fire safety in the UK is primarily governed by the following legislation:
- England and Wales: The Regulatory Reform (Fire Safety) Order 2005
- Scotland: The Fire (Scotland) Act 2005
- Northern Ireland: The Fire and Rescue Services (Northern Ireland) Order 2006
The Lender's Position - Fleet Mortgages State:
If the mortgage property is in a block of flats, you must obtain a copy of the most recent Fire Risk Assessment (“FRA”). We will not lend where the block is required to have an FRA but does not or where the FRA is not in date.
You must also obtain confirmation that any recommended works have been completed or whether there are any outstanding recommended works. If there are any outstanding recommended works this must be reported to us along with the detail and timing of those works.
You must also report to us if any works are likely to have a significant impact upon the service charge or may result or have resulted in a notice under s20 Landlord and Tenant Act 1985. Please do not send us a copy of the FRA.
Check your lender here: Lender's Handbook.
Source: UK Finance Lender's Handbook.
Who is responsible for arranging the FRA?
The legal duty to arrange a Fire Risk Assessment for the communal areas falls on the landlord or managing agent (or a Residents’ Management Company or Right to Manage Company), acting on behalf of the freeholder. They must also nominate a 'responsible person' for the assessment's development and upkeep.
Who can carry out the FRA?
The freeholder or managing agent will arrange for a Fire Risk Assessment to be carried out. They can do this themselves if they have the necessary competence and understanding of the legislation and guidance (view HM Government's Fire Law).
However, for larger or more complex buildings, it is usually advisable to employ a professional fire risk assessor who has the expertise and often carries public liability insurance.
Cost of a Fire Risk Assessment
Generally, for blocks of flats, you might expect to see costs ranging from around £200 to £1,200, but this is a broad estimate and can be higher for larger or more complex buildings.
The cost of a Fire Risk Assessment is the responsibility of the freeholder as part of their duties for maintaining the safety of the building. The price can vary significantly depending on several factors, including the size and complexity of the block, the number of floors and occupants, and the level of risk.
If your property might contain asbestos, especially if a Type 2 or 4 FRA is recommended, our experienced team can provide a thorough Domestic Asbestos Survey from just £375.00 EXC VAT.
Fire Safety Standards for Flats
Purpose-built Flats
Purpose-built flats are designed with fire safety in mind from the outset. Fire Risk Assessments for these buildings evaluate various elements to ensure they meet the required standards. Some common areas of focus include:
- Means of Escape: Ensuring clear and unobstructed communal hallways, stairwells, and fire exits with appropriate signage. Final exit doors should be easily openable.
- Compartmentation: Assessing the fire resistance of walls, floors, and ceilings between flats and communal areas to prevent fire spread.
- Fire Doors: Checking that flat entrance doors and communal fire doors are fire-rated, correctly fitted with self-closers, intumescent strips, and smoke seals, and are well-maintained.
- Fire Detection and Alarms: Verifying the presence and functionality of smoke alarms in communal areas (if required) and heat detectors in individual flats, and any communal fire alarm systems.
- Emergency Lighting: Ensuring adequate emergency lighting is installed in escape routes where natural light is insufficient.
For detailed and comprehensive regulations, it is advisable to consult the government's guidance.
Conversion Flats
Buildings converted into flats often require a different approach to fire safety. Fire Risk Assessments for these properties will focus on ensuring adequate measures have been retrofitted. Key areas include:
- Fire-protected Escape Route: The main staircase should provide a minimum of 30 minutes of fire protection (walls, doors, ceilings). The staircase must be kept free from combustible materials and obstructions. Electric meters within the staircase should be enclosed in a fire-resisting cupboard/housing.
- Fire Doors: Each flat entrance door must be a fire door (e.g., FD30S) with at least 30 minutes fire resistance (no uPVC or solid wood unless proven). They must be correctly fitted with self-closers, intumescent strips, smoke seals, and escape-type locks. Letterboxes and cat flaps are usually not permitted.
- Compartmentation within Flats: Ensuring a degree of fire resistance between different rooms within a flat, especially between the risk (living) areas and the escape route.
- Fire Detection: Often involving mains-operated, interlinked smoke alarms in communal escape routes and heat detectors within individual flats, typically designed and installed to British Standard 5839 Part 6.
- Emergency Lighting: Required on stairwells and other escape routes as conversions can sometimes reduce natural light.
- Fire Fighting Equipment: May include the provision of fire blankets in kitchens.
Regulations for conversions can vary, and it's often recommended to seek advice from the local Council or Fire Service. You can also find guidance on the GOV.UK website: A guide to making a small block of flats safe from fire.
How often should a Fire Risk Assessment be reviewed?
Legally, a Fire Risk Assessment must be reviewed periodically. However, there isn't a strict timeline set in law; it depends on the specifics of the building and any changes that occur.
As a general guideline (and this is not a definitive legal statement), for lower-risk, modern, low-rise blocks, a review might happen every two years, with a new assessment every four years.Higher-risk buildings might require a yearly review and a new assessment every three years. Importantly, a review should always be conducted after any significant building work.
What if the Freeholder won't arrange the FRA?
If the freeholder is not arranging a Fire Risk Assessment, despite their legal responsibility, there are steps you can take to address this.
- 1Send a formal written communication: Clearly outline your concerns and the impact on the property transaction in a letter or email, referencing the freeholder's or managing agent's legal duty.
- 2Seek legal advice: If the freeholder remains unresponsive, consider consulting a solicitor who specialises in leasehold property law. They can advise on your rights and potential legal action.
- 3Contact the Local Authority or Fire Service: If you have serious concerns about the fire safety of the building due to the lack of an FRA, you can report this to your local authority's housing department or the fire and rescue service, who have enforcement powers.
Further Reading
- Considering buying a flat as an investment?
- Still weighing up your options? See our comparison of buying a flat or a house.
The Grenfell Tower Fire and Building Safety
The tragic Grenfell Tower fire highlighted critical issues with building safety, particularly concerning external cladding systems. This event led to significant changes in fire safety regulations and heightened scrutiny from lenders regarding the safety and saleability of flats with certain cladding.
For more detailed information, including whether your flat is still saleable, please read: Dangerous Cladding: Is Your Flat Still Saleable? and Selling a Flat with Cladding.
Types of Fire Risk Assessments for Purpose-Built Flats
Type 1: Communal parts only, non-destructive
This is a non-destructive inspection focusing on the communal areas and a sample of flat entrance doors. It assesses the means of escape and the construction separating flats from common areas, without needing access inside individual flats (beyond the entrance).
Type 2: Communal parts only, destructive
Similar to Type 1, this assessment focuses on communal areas. However, it involves destructive inspection, where assessors take samples of the building's construction for closer examination.
This requires contractors to open up parts of the structure and make repairs afterwards. Samples might also be taken from within vacant flats. A Type 2 assessment is usually chosen if there's doubt about the fire resistance of the building's structure to prevent fire spread between dwellings.
Type 3: Communal parts and flats, non-destructive
This type of assessment extends to include a non-destructive inspection of a sample of flats, focusing on fire detection arrangements (smoke alarms) and means of escape within the flats.
It also considers the fire resistance of internal doors leading to rooms. While it covers the inside of flats, it doesn't examine fire prevention measures within the control of individual occupants (although heating and electrical installations maintenance may be noted).
Type 3 assessments can be relevant for rented flats, especially in older buildings or where unauthorised alterations are suspected. Access to long-leasehold flats might be a limitation.
Type 4: Communal parts and flats, destructive
A Type 4 assessment has the same scope as Type 3 (communal parts and a sample of flats) but includes destructive inspection and testing in both areas.
This involves opening up the construction in sample areas and selected flats, requiring a contractor for the work and subsequent repairs.
A Type 4 assessment is more likely when a new landlord takes over, if there's a lack of a clear history of works, or if there are concerns about fire safety risks to residents within their apartments or from neighbouring ones.
Summary
What is a Fire Risk Assessment (FRA)?
A Fire Risk Assessment is a systematic review of your building's fire safety measures. It's a legal requirement for blocks of flats in the UK, designed to identify fire hazards and risks, evaluate the existing safety provisions (like escape routes, fire doors, and detection systems), and recommend any necessary improvements to ensure the safety of all occupants.
How to Resolve FRA Issues
If your flat's Fire Risk Assessment is missing, outdated, or identifies serious issues, and your freeholder isn't taking action, you have options:
- Formal Communication: Start with a clear, written letter to the freeholder or managing agent, highlighting their legal obligations.
- Legal Advice: If communication fails, seek advice from a solicitor specialising in leasehold property law to understand your legal recourse.
- Report to Authorities: For serious safety concerns, you can report the issue to your local authority's housing department or the fire and rescue service.
How Long Does it Take?
The timeframes for Fire Risk Assessments vary. While there's no strict legal timeline for reviews, they should be conducted periodically (e.g., every 2-4 years, depending on risk, and after any significant building work).
Obtaining a new FRA can depend on the freeholder's responsiveness and the complexity of the building, but delays can add weeks to the conveyancing process.
Proactive communication and, if necessary, escalating the issue, are key to expediting the process.
Andrew started his career in 2000 working within conveyancing solicitor firms and grew hands-on knowledge of a wide variety of conveyancing challenges and solutions. After helping in excess of 50,000 clients in his career, he uses all this experience within his article writing for SAM, mainstream media and his self published book How to Buy a House Without Killing Anyone.
Caragh is an excellent writer and copy editor of books, news articles and editorials. She has written extensively for SAM for a variety of conveyancing, survey, property law and mortgage-related articles.
