THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005 > Guides and Legislation Links

Legislation Scotland

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lacaca:
Do the F&R Services in Scotland acknowledge that under it's legislation, as opposed to End/Wales, the common areas of private flats/dwellings are not a relevant premises and as such are not Fire Risk Assessable?

AnthonyB:
Seems to be kept a big secret, even some of the guidance seems to tip toe around that and imply they are when they are explicitly excluded beyond the maintenance of fire service facilities.

Loads of these premises get FRAs anyway, I dread to think the amount of money being spent on consultants for something not actually required.

Of course whether they should be subject to some ongoing fire safety process (but not done as messily as down here in E&W) is another debate in itself.

Namerif:
lacaca, the answer to your question is yes.

AnthonyB, I cannot agree that it is a big secret. The Scottish guidance is pretty clear on the subject. Perhaps you could identify the guides which you think imply that the common areas of private dwellings in Scotland are relevant premises.

AnthonyB:
Then why are organisations having FRAs done under the belief they had to as oppose to voluntarily as a corporate decision?

I'll admit it's clearer in the current consolidated guide now than it has been though (it was a while since I've needed to peruse the Scottish guidance, which to their credit they have extensively revised and updated unlike the DCLG Guides). The layout and style isn't the most user friendly though (nothing wrong with the technical content), the styles of the LGA & NFCC guides seem easier to read.

Stobswellpond:
The legislation in Scotland with respect to Duty Holders over common areas is complex, and is a source of the problem. Section 23 of the fire safety (Scotland) Regulations require that measures for the protection of fire fighters are maintained in an efficient states and in efficient order and in good repair. However you will not discover if it is in good repair if you do not carry out a FRA.
The SFRS recommend that a FRA is carried out, and the Scottish Government as part of its Single Building Assessment programme require a FRA on the common areas is carried out.
The requirement to keep communal areas clear of combustible substances is covered by section 93 of the Scottish Civic Government Act  and is enforceable by the local authority not the SFRS.
The requirement to maintain the systems to protect fire fighters in communal areas lies with the duty holder, however it is not clear in the tenancy system if the building factor is responsible or the property owners individually or collectively.
I suspect that as a result of the Single Building Assessment programme, there will be changes in legislation in many areas.

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