Fire risk assessment holding up Sale of Flat

milkyj0

First time poster but have read this forum for years so your guidance would be appreciated  

I’m 7 months (yep it has dragged on) in to selling a flat, it’s in a two storey block with 18 purpose built flats. The management firm originally sent the management pack stating that the Fire Risk Assessment (FRA) would follow shortly. After several chasers I finally received the FRA a month later than expected. Worryingly the report that came back is from 2015 and actually the same one I received when I originally purchased. The management firm have stated that this is the latest report.

I knew it would be a problem and as expected the buyer needs reassurances before we can proceed (which is understandable as I’d be exactly the same).

I’ve looked online at their website and even the literature in the communal area states that FRA are conducted annually, which is clearly not the case.

Apparently my concern is now with the firms fire safety department, but after three weeks and various chasers to the homeowners team plus property manager I feel like I’m getting nowhere and our onward purchase is now putting the pressure on big time (again understandable).

Does anyone have any experience with FRAs, what’s the legal obligation of the management firm and have they failed in their responsibility legally? 5.5 years does seem a bit ridiculous considering the tragedy of Grenfall. 

As usual people are blaming covid, different departments etc for delayed responses. The management firm are responsive to calls and emails but don’t seem to action anything.

Is there some sort of organisation I can complain to, any advice Is appreciated. Thanks Airs

Tiglet2

I knew it would be a problem and as expected the buyer needs reassurances before we can proceed (which is understandable as I’d be exactly the same).
What exactly is the buyer's solicitor asking for?  Has your solicitor been in communication with the Management Company?

davidmcn

Did the last FRA recommend anything in particular be changed? Has anything relevant happened since it was carried out? If I were a buyer I'd be less concerned if I would reasonably expect every FRA to say "yep, same as last year".

AdrianC

davidmcn said:

Did the last FRA recommend anything in particular be changed? Has anything relevant happened since it was carried out?

Indeed - it's only a two-storey block, so Grenfell won't be any more relevant than it would be to a two-storey house.

milkyj0

Tiglet2 said:

I knew it would be a problem and as expected the buyer needs reassurances before we can proceed (which is understandable as I’d be exactly the same).
What exactly is the buyer's solicitor asking for?  Has your solicitor been in communication with the Management Company?

Thanks for the response... yes my solicitor has been in contact, they’re facing the same issue as I. I want to be proactive with this as my case handler has recently changed and the process has dragged on somewhat.

The queries raised were: 1. why it hasn’t been reassessed in over 5 years. 2. There were outstanding actions noted on the FRA and nothing to document that they’d be completed. Have they been actioned. 3. Has the evacuation policy advice changed since the last assessment.

thanks

davidmcn

milkyj0 said:

Tiglet2 said:

I knew it would be a problem and as expected the buyer needs reassurances before we can proceed (which is understandable as I’d be exactly the same).
What exactly is the buyer's solicitor asking for?  Has your solicitor been in communication with the Management Company?

The queries raised were: 1. why it hasn’t been reassessed in over 5 years. 2. There were outstanding actions noted on the FRA and nothing to document that they’d be completed. Have they been actioned. 3. Has the evacuation policy advice changed since the last assessment.

Ok - don't you know the answers to 2 and 3?

milkyj0

davidmcn said:

Did the last FRA recommend anything in particular be changed? Has anything relevant happened since it was carried out? If I were a buyer I'd be less concerned if I would reasonably expect every FRA to say "yep, same as last year".

Hey David, no major changes to the building etc. It’s just the fact that the documentation was issued so long ago. They’re a first time buyer so literally everything has been queried along the process.
Thanks.

davidmcn

milkyj0 said:

davidmcn said:

Did the last FRA recommend anything in particular be changed? Has anything relevant happened since it was carried out? If I were a buyer I'd be less concerned if I would reasonably expect every FRA to say "yep, same as last year".

Hey David, no major changes to the building etc. It’s just the fact that the documentation was issued so long ago. They’re a first time buyer so literally everything has been queried along the process.

I'd still expect FTBs to have a bit of common sense and realise that fire safety stuff isn't going to dramatically change every year. And the bulk of it is self-evident anyway. Presumably the other answers from the managing agents reassure them that there aren't plans in progress to carry out expensive fire safety works?

milkyj0

2 is not obvious, I’ll need the management firm/ fire safety team to advise. As for 3 I could go by the signage in the building, but as the assessment is over 5 years it may have changed. 

My main point is that they state that a risk assessment is performed annually when that it is clearly not the case.

I just wanted some sort of leverage, to hurry them. If the FRA isn’t a legal obligation / expired then it’s not something I can really gripe about. Whereas if they’ve failed in their responsibility to keep it up to date at least I have a genuine complaint. The assessment before the 2015 report was 2012.