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THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005 => Q & A => Topic started by: AndyLeather on July 20, 2007, 04:08:36 PM

Title: RRO & landlords responsibility for common areas
Post by: AndyLeather on July 20, 2007, 04:08:36 PM

Hi all, firstly thanks for this forum it is a fountain of knowledge as we all learn & debate the interpretation's.....

I had a conversation with a senior bod within a major city building control office about the RRO & the landlords responsibility for common areas, his view is that the landlord only has a responsibility if the common areas are "a workplace" & if they are not then there is no duty under the RRO?  (we were discussing the provision of smoke detectors in common corridors etc;) He then suggested that I go & review my interpretation of the RRO with a fire safety officer......

The situation is that there is designed into the building by the architect (4 levels 21 flats in total, 3 separate protected staircases) SD for the common areas (as well as the flats) & building control are saying that they do not want SD in any of the common areas? The building is yet to be signed off by building control.

Local fire officer has reviewed this & said that they do not mind either option, building control are still saying no?

Questions please if you can from my scribble:

Is the control officer correct in his "workplace" interpretation (I think that the landlord has control & therefore has a responsibility etc;)?

With HMO's (separate I know from flats) exactly what legislation applies, I assume it is the RRO? Although the licensing councils seem to be very prescriptive in their requirements!


Thanks guys in anticipation....

Andy

Title: RRO & landlords responsibility for common areas
Post by: Big A on July 21, 2007, 09:14:55 AM

The Building Control officer is wrong in his interpretation. However it is normal not to have detection in the common areas of residential blocks (for reasons given in several other threads).

Title: RRO & landlords responsibility for common areas
Post by: PhilB on July 21, 2007, 10:01:18 AM

Quite correct Big A.....the fire safety order applies to nearly all premises, the fact that they are workplaces or not only has a bearing on who the responsible person is. With regard to HMOs the Housing Act 2004 is the most appropraite legislation but the fire safety order applies to any parts that are not for the exclusive use of one occupier.

Title: RRO & landlords responsibility for common areas
Post by: AndyLeather on July 21, 2007, 11:26:43 AM

Thanks guys, I thought I had the correct approach, I have to say I did enjoy talking to the Senior BCO as it gave me a view on their approach, although every time I did make a comment he immediately"corrected" me as to what the RRO means & what the rules say.


It's all a learning curve & councils have so many different views, still it was a worthwhile conversation.....

Thanks again

Andy

Title: RRO & landlords responsibility for common areas
Post by: Midland Retty on July 23, 2007, 09:10:45 AM

Yes unfortunately the BCO is incorrect in this instance.

Im sure s/he is very good at their job and but with the greatest respect to the BCO s/he doesn't enforce the RRO and doesn't appear to have a good grasp of it.

It seems to be a common trend, and unfortunately we were all hoping in the RRO for a legislative vehicle which brought building Regs and Fire Safety Regs closer together with a more uniform and conistent approach.

This has not happened and there is now in some circumstances a greater rift, if I can call it that, between different legislation and guides has appeared.

Purpose built HMOs need not have AFD installed in the common areas if built to current building standards.