Q&A - Fire Safety Responsibilities
QUESTION
Our managing agent recently carried out a fire risk assessment on our block, and several recommendations were made, including installing fire doors and upgrading emergency lighting. The freeholder says the costs can be recovered through the service charge, but some leaseholders dispute this. Who is legally responsible for implementing and paying for fire safety improvements? Can we challenge the charges if we do not believe they are reasonable?
ANSWER
In principle, buildings don’t usually need to be upgraded beyond the standards in place when they were built or last refurbished. Recommendations such as replacing fire doors or extending emergency lighting may appear in risk assessments, but they're often overly cautious.
The Government’s guide Fire safety in purpose-built blocks of flats (on gov.uk) is a useful reference if you want to challenge recommendations – particularly where existing equipment is in good condition and well maintained.
Most fire safety works can be billed through the service charge if your lease allows it, unless they qualify as a “relevant defect” under the Building Safety Act. Leaseholders can challenge costs that aren’t "reasonably incurred" at the First-tier Tribunal, though get advice first.
Fire safety is a highly technical and litigious area. If managing agents do too little, they risk prosecution; if they follow every recommendation, leaseholders may face unnecessary costs. Balanced advice is hard to obtain – and rarely black and white – so ask questions but so also have some sympathy for your PM.
Adam Sanders, Founder, RiskBase
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