Are Fire & Asbestos reports really mandatory for my flat?

blckbrd

Asbestos guidance:
http://www.hse.gov.uk/pubns/INDG223.pdf

Fire risk assessment will apply to any communal areas because they are classed as 'non-domestic'. If you look at the reform order there is a definition of 'domestic premises' in the interpretation section: http://www.opsi.gov.uk/si/si2005/20051541.htm

Assessments should be carried out by a 'competent person' - i.e. someone who has been trained to do so. It may be highly unlikely that an issue might arise but if it did, I'm not sure I'd want to have a DIY assessment carried out without training. Fire risk assessment guidance: http://www.sure-firesolutions.co.uk/documents/PAS-79.pdf

H&S legislation has the allowance of 'reasonable steps' being taken to comply. If you were the FH of countless properties it might be reasonable not to have carried out an assessment if there was a plan in place to assess at some stage. When I did pre-sale enquiries for a LA we sent a standard letter from our H&S section stating that plans were in place although there was no definite date for completion of the assessment.

Some (pain in the Botox) sols make a huge issue of the assessments but it is of course up to the buyer if they want to proceed with the purchase or not.

felix-b

pastmybest wrote: »

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.

As mentioned, I did it all myself - therefore it cost nothing. I live in a converted block of flats - 4 flats with share of freehold and we self-manage.

This link is useful: http://www.communities.gov.uk/fire/firesafety/firesafetylaw/frequentlyaskedquestions, in particular the question: Can I do it myself?

The Fire Assessment ended up being 4 pages of A4, the Asbestos survey 1 page of A4. Both started by quoting the relevant legislation and justification why it was sufficient to perform the survey ourselves.

As I understand it, it is law to have these documents, so it is easy for solicitors to insist on them. However I would be surprised if solicitors working in domestic conveyencing actually had much knowledge of the the relevant fire and asbestos legislation to challenge anything you state.

pastmybest

Thanks felix and today I have spoken again with my EA who tells me he or any of his friends in the business have ever come across this type of issue in the private scetor yet they sell lots of this type of flat.

Also thanks for the link which I will take a look at.

jason_nevin

Communal areas of properties are classed as places of work and therefore fall under the Control Of Asbestos Regulations which means under rule 4 the dutyholder (the freeholder) is legally bound to identify the presence of suspected asbestos containing materials. You can write a document assuming that everything is asbestos but this document must be made available to any contractors that you use and some (particularly electricians, gas-fitters and plumbers) may refuse to work in the relevant areas. Of course, this is only an issue if you do actually have asbestos materials and you end up in court because you've exposed a contractor to asbestos.

My advice would be to get a friendly gas fitter or electrician round (or even asbestos surveyor) and see if you do have suspect materials. Assuming that the communal areas are small this won't take more than 20 mins. If you find some then either get them analysed or get a survey carried out. My old company used to do a communal area for £150 (including the price of samples).