Are Fire & Asbestos reports really mandatory for my flat?

pastmybest

I own the leasehold and an equal share of the freehold of a flat in a conversion block of four. A few weeks ago I asked for help, on this forum, on questions from the buyers solicitor and most items have been dealt with except two.

The buyers solicitor say both are mandatory requirements for the seller to pay for and provide. But my solicitor dosen't agree that they are mandatory.

They are

1 Asbestos Assessment for all communal parts of the whole property.

2 Fire Risk Assessment for all communal parts of the property

Help would be good as I have taken my solicitors advice to say they will not be provided by me/us but is he right or could he be wrong?

bingibongi

For communal parts yes they are (even on residential property) - a fact most people/conveyancing solicitors dont realise and the stupid Government didn't forsee when drafting the legislation.

Complain to your MP.

pastmybest

bingibongi wrote: »

For communal parts yes they are (even on residential property) - a fact most people/conveyancing solicitors dont realise and the stupid Government didn't forsee when drafting the legislation.

Complain to your MP.

I have been searching the web like mad and can't find any reference to it. Do you know where they may be something I could read?

pastmybest

I have been reading the Act and as far as I can read it does not apply to my flat but I can see how it can be read quickly and give the opposite impression.

***************************************

The Regulatory Reform (Fire Safety) Order 2005 became law in October 2006 and introduced significant change to workplace fire safety responsibilities. As well as simplifying the legislative regime by bringing all fire safety legislation together into one Order, it introduced the need for employers, building owners and occupiers as 'responsible persons' to carry out, implement and maintain a fire safety risk assessment.

A 5-step fire safety risk assessment checklist is available in the section below to help 'responsible persons' carry out and implement a risk assessment in their premises.

All non-domestic premises, including the common or shared parts of blocks of flats or houses in multiple occupation are covered by the Order, and may be inspected by their local Fire and Rescue Authority. Under the Order, Fire and Rescue Authorities have a statutory duty to ensure compliance and enforce the requirements where necessary.

As well as the checklist setting out what you need to do to put in place an adequate risk assessment, an online form is available in the section below to help you check the extent to which your assessment will comply with legislation.

prudryden

I think that the buyer's solicitor is trying it on.

pastmybest

prudryden wrote: »

I think that the buyer's solicitor is trying it on.

The more I dig round the net the more I agree but I do like to cover ALL bases on this detail. Ah well I will have to be patient and see what happens.

Doozergirl

I've been asked for a fire certificate by buyer's solicitor as well. I'd googled and found that legislation above but I called Building Control and the Housing Department and they couldn't have cared less. Building Regs are only concerned with the fact that the house was compliand when it was converted and the Housing Department tell me it is catergorically not an HMO and I don't need to do anything to satisfy them either.

So I am not sure exactly who is concerned.

pastmybest

Doozergirl wrote: »

I've been asked for a fire certificate by buyer's solicitor as well. I'd googled and found that legislation above but I called Building Control and the Housing Department and they couldn't have cared less. Building Regs are only concerned with the fact that the house was compliand when it was converted and the Housing Department tell me it is catergorically not an HMO and I don't need to do anything to satisfy them either.

So I am not sure exactly who is concerned.

http://www.fire.gov.uk/Find+my+region.htm
I am calling the Fire and Rescue Service tomorrow (if open weekends) who are the contacts for enquiries, as per this link, and will post their reply.

felix-b

Yes these are mandatory - fire certificates are no longer issued or relevant (apart from HMO). When these were required for our block of flats, I just wrote them myself.

The asbestos survey basically said: this is an old building, there is no indication of asbestos but as it has not been proven, you should presume asbestos is present and take suitable precautions.

The fire risk was pretty much the same. There is more information on the web on what this should include - sources of fuel, sources of ignition, people at risk etc.

We only had a fairly small and reasonably well managed communal area. But these two bits of paper seem completely useless - keeps solicitors happy though.

pastmybest

pastmybest wrote: »

http://www.fire.gov.uk/Find+my+region.htm
I am calling the Fire and Rescue Service tomorrow (if open weekends) who are the contacts for enquiries, as per this link, and will post their reply.

Only open normal office hours so will try again on Monday.

pastmybest

felix-b wrote: »

Yes these are mandatory - fire certificates are no longer issued or relevant (apart from HMO). When these were required for our block of flats, I just wrote them myself.

The asbestos survey basically said: this is an old building, there is no indication of asbestos but as it has not been proven, you should presume asbestos is present and take suitable precautions.

The fire risk was pretty much the same. There is more information on the web on what this should include - sources of fuel, sources of ignition, people at risk etc.

We only had a fairly small and reasonably well managed communal area. But these two bits of paper seem completely useless - keeps solicitors happy though.

Thanks for sharing this information but I really am puzzled as my EA has called to say he has spoken to other EA's he knows who all say they have never cope across this on my type of flat arrangement (see my OP). Combined with my solicitor who says the other solicitor is being OTT and unreasonable?????

Felix can I ask what arrangement is your flat is within and how much the surveys costs and how long did they take to arrange. I need to look into it in case it turns out I have got to do something. However I am inclined to withdraw from this buyer if they insist on following their solicitors line. I have already agreed to leave fittings, several weeks into the sale, and feel I am giving but the buyer is taking too much.