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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: Wils on January 30, 2014, 04:52:59 PM
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A question to enforcers about a particular Alterations Notice. The AN doesn't specify that, upon change of ownership of a premises, the Fire Authority must be informed. It does state that the FA must be informed if there is a change or change of use. Has an offence been committed if the RP sells his property and doesn't inform the FA or the new owner about the notice?
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I say no
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I would say yes
The forms for selling houses nowadays ask if the property is subject of any statutory notices, presumably the same for work premises.
I assume the time limits had not run out before the sale?
davo
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In my humble opinion it is not an offence under the RR(FS)O 2005 if the Responsible Person, upon whom the Notice was originally served, sells the premises without informing the Enforcing Authority and/or the new owner.
The offence under Article 32(c) is to “fail to comply with any requirement imposed by Article 29(3) or (4) (alterations notices)”:
(3) Where an alterations notice has been served in respect of premises, the responsible person
must, before making any of the changes specified in paragraph (4) which may result in a
significant increase in risk, notify the enforcing authority of the proposed changes.
(4) The changes referred to in paragraph (3) are—
(a) a change to the premises;
(b) a change to the services, fittings or equipment in or on the premises;
(c) an increase in the quantities of dangerous substances which are present in or on the
premises;
(d) a change to the use of the premises.
As a change of ownership does not constitute a “change” by definition of Article 29(4) no offence will have been committed.
I stand to be corrected.
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I think the issue will be the part 'which may result in a significant increase in risk'. I could see that a simple change in ownership would not be a change under 4 however unless the new owner carries on exactly the same business in the same way as the previous owner then there would inevitably be changes under 4. Then it is a question of do the changes result in a significant increase in risk?
Overall there could be an offense committed however it would be a difficult prosecution to carry off. The real answer would be for the fire authority to revisit and reapply the alterations notice.
I can see the other aspect where an someone wants to by pass the alterations notice by changing the ownership of the premises and selling it to his brother cousin etc.
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I would say yes
The forms for selling houses nowadays ask if the property is subject of any statutory notices, presumably the same for work premises.
I assume the time limits had not run out before the sale?
davo
But is the offence under the FSO?
I would suggest not. The alterations notice has been served on the RP not the Premises. The CFOA regulators guidance doesn't cover the scenario under AN but does under and Enforcement Notice. It says -
That the notice is served on a person and as such does not rest on the premises, despite the fact that the premises may pose a risk to relevant persons.
I would suggest that the new RP being the good guy that he is would employ a decent commercial solicitor who will ask the relevant questions during the sale. In fact occasionally they write to me (FSO) and ask or they look on the online list of Notices/prohibitions on the CFOA website.
And if I issue a alterations notice or a prohibition I check regularly there hasn't been a change of ownership.
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Property misdescriptions Act or somesuch. This just emerged from my very messy brain so it may be rubbish.