Back in June we had the pleasure of being invited to host a live Q&A session for News on the Block’s Knowledge Bank. Our Health & Safety Advisor, James Purdey, was
joined by colleagues Lisa Walker (Health & Safety Fire Risk Assessor) and Barry Roan (Building Safety Team Leader) to field pre-written queries and impromptu questions from those who tuned in.
The full recording of the live session is available to view here, and the questions and responses are also recorded below for your reference.
Q1. Why do we carry out risk assessments?
The main purpose of a fire risk assessment is to:
- Identify fire risks and hazards in a premises
- Provide recommendations to either eliminate the risks or control them
A fire risk assessment is essential for identifying fire hazards and evaluating any risks to people, property, assets, and the environment. It helps determine whether existing fire precautions are adequate, and whether additional measures are necessary to ensure safety. Responsible persons must regularly review and keep a written record of assessments and keep an up to date emergency plan.
In order for us to carry out these assessments, it’s important that we are up to date regarding current legislation and with any changes to the documentation we refer to (such as the Fire Safety Order or the British Standards guidelines).
Q2. Why do we carry out fire door inspections?
Fire door inspections are crucial for maintaining fire safety. They play a critical role in preventing the spread of smoke and flames during a fire and help maintain compartmentation within a building, limiting the fire’s impact on other areas.
We’re often asked why repeat inspections are needed when “nothing has changed”. The answer to this is simple. Over time, wear and tear, environmental factors and changes in building usage can impact the performance of fire doors.
Regular inspections help identify issues such as misaligned hinges, damaged seals or worn-out components that could compromise the door’s ability to withstand fire.
Q3. What do responsible persons (RPs) need to do now?
Responsible persons must ensure they are keeping up to date with any servicing and maintenance- for example, your fire alarm, emergency lighting and Electrical Installation Condition Report checks.
Responsible persons must also ensure that property inspections, fire risk assessments and fire door inspections are carried out. This can be done by a competent person, or a competent 3rd party for the peace of mind of full compliance.
Any communications with residents regarding emergency plans and planned property maintenance also falls under their scope.
Q4. Can you please advise/confirm:
- The fire regulations/guidance for letterboxes to flat entrance doors
- Whether or not having a back plate to a letterbox of a flat entrance door affects compliance
- Whether RPs should ensure that all flat entrance door letter boxes have a draught excluder or/and an intumescent inner that expands in the event of a fire?
For buildings below 18 metres, spring-loaded, intumescent letter boxes are not a requirement but they are strongly advised. It’s a simple upgrade and very much worth doing. Without these upgrades, letterboxes can pop out during a fire, compromising the door completely and allowing smoke and fire to spread.
We’ve seen a video made by Warringtonfire, where three fire doors were put through their paces. One had a letterbox with no back plate and no intumescent inner. It lasted less than ten mins before allowing the fire to spread.
Q5. Can you please advise/confirm:
Given the potential fire risk of charging e-scooters and e-bikes, are you aware of landlords banning storage and charging on the premises, and whether (if there is currently no impact to insurance coverage) these decisions have been challenged legally?
The legislation around e-scooters and bikes is currently very vague. However, we would strongly advise against residents storing or charging such devices in common areas. Principal Accountable Persons should be keeping residents up to date with any building policies and any legislative changes that do come in. Advice should cover safe use, storage and charging.
All common areas should be kept clear, batteries should be stored in cool places, and manufacturer guidance should be followed at all times. Lithium-ion batteries should not be left along while charging and should only ever be charged with the equipment supplied by the manufacturer.
There are slightly different rules for mobility devices so feel free to get in touch for further advice in this area- a specific risk assessment will most likely be needed.
Q6. What is the role of the Building Safety Regulator (BSR)?
The Building Safety Regulator, established under the Building Safety Act 2022, is part of the Health and Safety Executive (HSE). Their primary function is to:
- Regulate the safety of higher-risk buildings
- Improve overall building safety standards
- Promote competence within the building industry through professional development
The BSR has been established to ensure the safety of buildings across the country. They have an overall responsibility for overseeing the safety and standards of all buildings, from residential to commercial. This involves setting regulations and ensuring compliance.
They enforce stricter regulations on “high-risk” buildings (residential buildings of more than 18 metres or 7 storeys with at least two dwellings). These regulations cover the design, construction, and ongoing management of the buildings.
The BSR’s efforts in improving competence in the industry include setting standards and promoting best practices for building professionals such as architects, engineers, and inspectors. They have the power to inspect buildings and enforce regulations and can take action against building owners, including requiring remedial work.
They also have a focus on resident engagement. This involves ensuring building managers have a strategy to keep residents informed and involved in decisions impacting building safety.
Overall, the BSR aims to create a more robust building safety system in the UK, with a particular focus on high-risk buildings.
Q7. What type of buildings require a building safety case?
Building safety cases are mandatory for “higher-risk buildings” under the Building Safety Act 2022. These are defined as high-rise residential buildings with at least 7 storeys or 18 metres tall, containing two or more dwellings.
Q8. What is the purpose of a building safety case?
The main purpose of a building safety case is to proactively manage the risk of fire and structural failure in high-rise residential buildings. It achieves this by:
- Identifying Risks
The building safety case involves a thorough assessment of the building to identify potential weaknesses or hazards that could lead to fire or structural problems.
- Demonstrating Safety Measures
The case outlines the various measures in place to mitigate the identified risks. This could include fire safety systems, structural design features, and maintenance plans.
- Providing a Safety Argument
Essentially, the building safety case builds a clear argument, supported by evidence, that the building is designed, constructed, and managed in a way that minimises the risk of fire and structural failure.
- Promoting Ongoing Management
The case isn’t a one-time document. It serves as a foundation for a continuous process of monitoring and managing building safety. This ensures the building remains safe throughout its lifespan.
By having a comprehensive building safety case, those responsible for the building (known as Principal Accountable Persons) can demonstrate their commitment to resident safety and comply with regulations set by the Building Safety Regulator (BSR).
Q9. Who is responsible for creating and maintaining the building safety case?
The responsibility for creating and maintaining the building safety case falls on the Principal Accountable Person (PAP) for the high-rise building. This can be an organisation, business, or an individual, depending on the specific circumstances:
- Organisations: This is most common, especially for large apartment buildings. The PAP could be the commonhold association, a social housing provider, or the building management company.
- Individuals: This could be the owner of the entire building or someone named on the leasehold as responsible for maintaining the common parts of the building.
The key point is that the PAP has the ultimate responsibility for ensuring the building is safe and meeting fire safety and structural integrity regulations. This includes creating the building safety case, keeping it up-to-date, and providing it to the Building Safety Regulator (BSR) upon request.
Q10. What are the consequences of not submitting a building safety case report?
The BSR has the authority to take enforcement action against the accountable person(s) if a report is not submitted. The exact nature of such action is not specified on the website, but they have the ability to impose fines and penalties, to take enforcement action (such as requiring remedial work), refusing to issue a Building Assessment Certificate or taking legal action.
Beyond these direct consequences, there’s also the most important factor: resident safety. A proper building safety case report is crucial to ensuring a high-rise building is equipped to minimise the risk of fire and structural failure. Not submitting one can potentially put residents at risk.
Q11. What specific information should a building safety case contain?
A thorough building safety case should include details of:
- Fire safety measures implemented within the building
- The types of building materials used in construction
- Assessments of the building’s structural integrity
- Clearly-defined plans for managing and mitigating identified risks
You can find further guidance in our recent blog.
Q12. What does a high rise building require a residents engagement strategy?
There are two main reasons for high-rise buildings to require a resident engagement strategy:
- Safety
Following a fire safety review, regulations were introduced that require building management to involve residents in decisions concerning building safety. This strategy outlines how residents will be informed, consulted with, and involved in decisions that impact the safety of the building.
- Improved Living Experience
Resident engagement goes beyond just safety. An effective strategy can foster a sense of community, improve communication between residents and management, and lead to a more enjoyable living experience for everyone.
Questions received from viewers during the live Q&A:
- Would you suggest all buildings under 11 meters have a regular inspection of their fire doors, including individual flat doors?
Currently, legislation does not insist on this. They are covered by the Fire safety Act but it’s a little vague re the actual responsibilities.
However, the Fire Safety Order does require PAPs to ensure that all fire doors are working correctly. There should be some form of inspection to ensure they are sufficient but the regulations are very non-prescriptive.
- Are Personal Emergency Evacuation Plans (PEEPs) a requirement?
Again, there is no “requirement” but responsible persons should be aware of any vulnerable residents and should ensure that they can evacuate effectively.
- Should we be checking door gaps for flat fire doors, or just the condition?
Gaps should be considered a part of inspection. Environmental factors can affect the gaps around fire doors, but these should be monitored and kept to a minimum. A 4-5 mm gap at the sides and top is acceptable. The gap at the bottom should be as small as possible.
- What time frame does a resident have to address their door’s defects following an inspection?
Your responsibility most likely ends with carrying out the inspection and making them aware of their duties to correct any issues. Depending on the lease, it will most likely fall to the resident to ensure their door is compliant once they’ve been made aware of an issue. There is no timescale set out in the legislation so all you can do is keep a written record of any and all correspondence regarding the door.
Fore more information, or if you have any questions, contact us at 01376 572 936 or email our team at office@4siteconsulting.co.uk.
