Author Topic: Factory conversion (Read 5749 times)

Nearlybaldandgrey · « **on:** June 28, 2006, 01:56:15 PM »

Just after some views here........

If a large factory is converted into flats/apartments and is owned and operated by a company, in terms of legislation, does it fall into the class of a HIMO?

In terms of workplaces, the fire risk assessment will have to cover the whole premises as the maintenance staff and cleaners have access to all flats ..... which for the duration they are in there constitutes a workplace.

Thats how I see it anyway ....... there will be those that agree and those that don't .......... comments?

jokar · « **Reply #1 on:** June 28, 2006, 02:49:25 PM »

Yes,

One of the new tests in the 2004 Housing Act is for a building conversion to HMO and therefore the Housing Act applies. RR(FS)O will be enforceable by FRS to the common parts. Cleaners may not be employees of the person in control (for profit or not) not the owner, and therefore it will not be a workplace.

PhilB · « **Reply #2 on:** June 28, 2006, 04:09:59 PM »

Baldyman in answer to your first question yes it is an HMO.

Under existing legislation if persons are employed the common parts are workplaces. The workplace regs do not apply to domestic premises....so cleaners working in private flats are not covered.

Come the RRFSO the responsible person will have to carryout a FRA of the common parts ....workplace or not is irrelevant. The FRA must take into account what is in the domestic premises but the order does not apply and there are no powers of entry.

Nearlybaldandgrey · « **Reply #3 on:** June 28, 2006, 04:53:35 PM »

Interesting ......

What about if the flat is empty and undergoing some refurbishment?

Do the WP Regs apply then and will the Fire safety order?

PhilB · « **Reply #4 on:** June 28, 2006, 09:04:42 PM »

Refurbishment to what?

if only life were that simple!. Refurbish a domestic premises...to a workplace .......it may fall within the scope of the RRFSO....not wishing to be vague...but Baldyman...as ususual....you raise a good point! No doubt the soon to be released circular will solve all our problems.

wee brian · « **Reply #5 on:** June 28, 2006, 10:30:06 PM »

If a factory is converted into flats. The conversion will be subject to the Building Regs. The Housing Act 2004 specifically excludes conversions, where they were carried out in accordance with building regs, from HMO licensing.

PhilB · « **Reply #6 on:** June 29, 2006, 07:56:43 AM »

Good point Wee Brian. Depending of course which year the conversion was carried out.

Nearlybaldandgrey · « **Reply #7 on:** June 29, 2006, 08:49:10 AM »

I do know that the factory was converted around 8 or 9 years ago.

The refurbishment I refer to is a refurbishment of the flat / apartment after one tenant has vacated and before the next occupies.

The premises are owned by a limited company and all staff that work on site are employed directly by them.

I'm looking forward to this circular you refer to .......... it might give me some direction!!

jokar · « **Reply #8 on:** June 29, 2006, 07:43:06 PM »

Baldyman, don't hold your breath. I have seen the original draft and it is worse than poor for the advice you seek. At least FPA 28 gave some acknowledgment to the fact that ebforcers needed some questions answered. The original draft of the new enforcers guide just copies out the Order.

Nearlybaldandgrey · « **Reply #9 on:** June 29, 2006, 10:08:37 PM »

Great!!

can't wait!!!

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Author Topic: Factory conversion (Read 5749 times)