The problem of front doors and fire risk prevention

The Regulatory Reform (Fire Safety) Order 2005 (“2005 Order”) imposes obligations on the responsible person to take general fire precautions in respect of the common parts of a block of flats. Importantly, however, the 2005 Order does not impose any obligations on the individual flats themselves.

Separate to the 2005 Order, the Housing Act 2004 (“2004 Act”) makes requirements regarding the condition of a broad spectrum of housing including both individual flats within a block and the common parts of blocks. Section 10 of the 2004 Act states the Local Housing Authority (“LHA”) is required, wherever practicable, to consult the local fire and rescue authority before taking any action to deal with fire hazards in common parts of HMOs or buildings containing flats.

TWO DIFFERENT VIEWS: TWO DIFFERENT SOLUTIONS

Should a fire occur within a flat, flat entrance doors are critical to the safety of the common parts. These front doors should be self-closing, resistant to fire for up to half an hour and come equipped with smoke seals and intumescent strips. Should the freeholder, the LHA or the local fire and rescue authority impose the necessary obligations? For many existing leasehold flats, responsibility rests with the flat owner. Within each flat owner’s lease, the door will be legally part of their demised premises. The freeholder’s powers to arrange for defects to be rectified are limited, if not, non-existent. The freeholder has no legal right to force the flat owner to upgrade the door to the necessary standard, nor to carry out the works unilaterally. In such a situation the freeholder should refer the matter to the relevant LHA. An alternative approach is to say that where a flat owner has exercised control of his front door by installing a non-conforming door of his choice, the flat owner may be viewed as a duty holder under article 5(3) of the 2005 Order. Article 5(3) imposes a duty on those with control “so far as the requirements relate to matters within his control”. Since the front door to the flat forms a part of the common areas (i.e. premises within the scope of the Order) the extension of the duty to every person who has to any extent control of the premises applies. In such a scenario an enforcement notice could be served either on the responsible person or the article 5(3) duty holder who in this case would be the flat owner.

EPILOGUE

Whilst the LHA seems to have jurisdiction over these matters they often seek to defer decisions to the local fire and rescue authorities. Unfortunately, the local fire and rescue authorities often pull back because they regard it as outside the provisions of the 2005 Order.

Jonathan Bentata is a solicitor at Ashfords.