The Fire Safety (England) Regulations 2022 came into force for multi-occupied residential premises on 23 January 2023. Over the last year and a half, it has become apparent that building managers are experiencing resistance form leaseholders in its application, specifically where leaseholders are refusing to have their own flat front doors replaced to comply with the Fire Safety (England) Regulations 2022.
Enforcing officers of the local Fire Authority can take enforcement action against individual leaseholders regarding flat entrance doors as they are now in scope of the Regulatory Reform Fire Safety Order 2005 following the introduction of the Fire Safety Act 2021 (which clarified they were in scope). The leaseholder can be considered as a responsible person to the extent of elements within their control.
In addition, the Fire Safety England Regulations 2022 by regulation 10 made it a requirement for the responsible person for the building to provide all residents with information about fire doors, and in buildings over 11m to undertake checks every 12months. – meaning leaseholders should be aware of the door’s requirements.
The local Fire Authority taking enforcement action against an individual leaseholder would be a last resort and only after the building responsible person has exhausted all other avenues available to them including contractual agreements (conditions of lease etc) and processes in place under Housing Act and the Building Safety Act. If the local Fire Authority did take enforcement action it would be against the responsible person for the building and the leaseholder with control of the specific door under the requirements for co-ordination and co-operation.
The key is, therefore, to ensure that when you find issues with flat doors that you notify the leaseholder in writing of their legal obligations and the remedial action required. A copy of the notice should be retained to ensure that you can evidence that you have done everything to raise awareness of the problem.
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Should you require any further information, please contact our fire specialists who will be able to discuss your specific situation by calling: 01302 346813.
