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Alarm bells for landlords: communal area guidance

21 December 2007

New guidance published this October has confirmed that landlords can be held liable if all communal areas in buildings where people work or sleep are not properly compliant with the latest fire safety regulations.

The Regulatory Reform (Fire Safety) Order 2005, which has been in force since April 2006, underlines the recognised legal position that the landlord or his agent are responsible for any common parts of the building. Whilst many of the requirements in terms of fire safety are similar to those in the Workplace Fire Precautions Legislation 1997, this act has widened the scope of properties to which it applies.

Houses in multiple occupation (such as student lets where each individual rents their own room, but shares a kitchen, bathroom and/or lounge), blocks of flats, communal parts of houses converted into flats and workplaces (now including businesses run from home) are specifically included.

Applying these stringent rules means that potentially, even where it is acceptable to have only one exit from the building, it is likely to have to be signposted and the route provided with emergency lighting and fire fighting equipment. Where the building is over several floors it may be necessary for each individual unit to have a fire alarm system, as well as the communal areas and that both systems are connected to ensure a speedy exit in the event of fire. This probably applies even if the communal area is comprised only of a foyer and stairwell. Additionally landlords will have to consider whether or not different languages will be required for signage and emergency systems and consider the needs of any disabled persons.

There is a caveat to the regulations in that landlords or agents should consider whether each measure is 'appropriate' and make changes only 'where necessary'. However this is probably a qualification to be determined by a recognised fire risk assessor and any landlord or agent should carefully consider the insurance and liability implications for not erring on the side of caution.