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Management Company Not Providing Fire Risk Assessment

Hello everyone,

I'm in the process of buying a flat in a 2009 build tower. My solicitor has requested the fire risk assessment, which I understand is a normal procedure. However, the management company are refusing to provide it, saying it is confidential.

Are the management company obligated to provide the fire risk assessment? After searching the internet for hours I'm struggling to find anything that says the FRA must be provided to the buyers solicitor

Should I be worried by the fact that they are not providing it?

Any help would be greatly appreciated.

Thanks!
Callum
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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Is the vendor entitled to a copy of it (assuming they don't already have one)?

    The thing I would be most concerned about it is whether they're proposing any works arising out of recommendations in such a report - but presumably there's a separate question about future works and they're answering that?
  • Crsaun
    Crsaun Posts: 14 Forumite
    First Anniversary
    Thanks for the reply.


    I don't know if the vendor has a copy. I'll have to ask my solicitor today. The same applies to whether they are proposing any work as a result of the FRA.


    Is there anything I can do if they refuse to provide the FRA?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    I doubt the management company has to provide it to a potential buyer.

    However they almost certainly do have a duty to undertake a fire risk assessment, and to provide it to leaseholders (ie your sellers).

    So you or your solicitors could ask the seller for it.
  • Crsaun
    Crsaun Posts: 14 Forumite
    First Anniversary
    Thanks for the reply.


    I've asked the solicitor to see if the buyer has a copy (I'm guessing this will be out of date, but it will be better than nothing).
  • Crsaun
    Crsaun Posts: 14 Forumite
    First Anniversary
    The seller does not have a copy of the FRA and the management company is still refusing to provide a copy.


    The seller is proposing a new solution: a new FRA is carried out and I pay 50% of the cost (which I have been quoted as £120 in total).


    Is there another way around this or am I just going to have to pay for something I normally wouldn't have had to pay for?


    Thanks,
    Callum
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Do you actually want or need someone to carry out a fire risk assessment before you proceed? I'd hazard a guess that 95+% of residential properties don't have a current FRA. Are there any points of concern which you or your surveyor have spotted?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    davidmcn wrote: »
    Do you actually want or need someone to carry out a fire risk assessment before you proceed? I'd hazard a guess that 95+% of residential properties don't have a current FRA. Are there any points of concern which you or your surveyor have spotted?
    Flat in a tower.

    I think we can guess the concerns. I think we can also guess why the agent is not handing copies around.

    Not sure £120 will cover much of a fire risk assessment, though.
  • Crsaun
    Crsaun Posts: 14 Forumite
    First Anniversary
    I don't have any particular concerns, I just became a bit worried when the management company refused to provide the FRA to my solicitor.


    Is £120 too low?


    Could I report the management company to the local fire authority (who I believe are responsible for enforcing the legislation surrounding the FRA)? On what grounds I'm not entirely sure :s


    Thanks.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Crsaun wrote: »
    The seller does not have a copy of the FRA and the management company is still refusing to provide a copy.
    The ManCo is refusing to provide a copy to the leaseholder?? Unlikely.
    a new FRA is carried out and I pay 50% of the cost (which I have been quoted as £120 in total).
    Thismust surely be a FRA limited to the flat.

    A proper FRA for a block of flats (how many storeys? how many flats?) would be much more.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    Crsaun wrote: »
    I don't have any particular concerns, I just became a bit worried when the management company refused to provide the FRA to my solicitor.

    It may be as simple as they are not comfortable with it, as it predates certain recent issues.
    Is £120 too low?

    Think about it for a minute. You are asking somebody to do a check of the property, using their professional skill and experience to identify any possible risks, write that up, AND to insure themselves against any comeback.

    Are you looking for a quick once-around of just the flat itself? Or are you wanting to know about the risks around the entire building, AFFECTING the flat? Does a couple of hours, including writing up time, sound realistic for that?
    Could I report the management company to the local fire authority (who I believe are responsible for enforcing the legislation surrounding the FRA)?
    Of course you can. If you think it's the biggest problem they're currently facing, and might actually get somewhere...
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