Hi All,
I would appreciate some views re the legal requirement for any works in relation to this topic. We have established that compartment walls above flats should be extended into communal loft voids, and that were this is not the case various compensatory actions need to be considered.
I have a client who has asked 'is it a legal requirement to take any action in the communal roof voids as the property complied to the building regs at the time it was built?'
Can anyone give me some more detailed views on the legal status of these types of recommendations, which require retrospective building upgrades.
I would also be interested to learn whether it has ever been allowable under previous Building Regulations for compartment walls separating flats from eachother/the common areas not to be extended into the roof void.
Thanks
PS... Here is my take on the legal basis of the requirement to implement measures in the roof void, based on current guidance:
The law, The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) sets general fire safety objectives to be achieved. For example it is a requirement of the RRFSO to ?reduce risk of the spread of fire on the premises?.
Accordingly, a Fire Officer could take enforcement action if he/she determines that by not installing compartments within the lofts the Landlord/Managing Agent has not taken reasonable steps to ?reduce risk of the spread of fire on the premises?.
Whilst the existing layout of the lofts may have considered to be adequate at the time of construction, it may not be considered to be adequate now (due to developments in technologies, and the understanding of how fires can affect buildings etc).
It is accepted that it is not realistic/risk proportionate to update existing buildings to meet all current approved guidance; however, the guidance should be used to establish just how far removed the original standards are from what is considered acceptable today, and whether this has given rise to an unacceptable level of risk.