Who is responsible - Fire Regulations

[andysears]

Hi,

I need to find out who is repsonsible for ensuring the office buildings and workshops are up to the standard to meet local fire regulations. I.e. Alarms, Security lighting etc.

Is it the landlord or tennant

cheers

Andy

[ozbon]

I believe (although I'm no expert) that the Landlord is responsible for the basic fire regs, making sure that the alarms, emergency lighting etc. work, and that fire extinguishers are installed.

However, if you're in need of special equipment (for example, Halon fire suppression in a server room) then I'd say that the tenant would stump up the cost.

The other alternative is to go 50/50 - present it to the landlord as "well, it'll be better for your business, as you can add it as a selling point to future tenants"

[deniser]

It is the tenant's responsibility under the lease.

Even it if were the landlord's, then the tenant would still have to pay for it through the service charge.

[andysears]

Just to mkae things clearer.

We have takn the lease on the building. But the checks suggest it does not meet regulations.

[ozbon]

I must admit, I thought it was landlord's responsibility to have the building brought up to legal requirements - they're the building owner, after all.

Similar thing in rented houses, the landlord is responsible for smoke alarm, gas check, and general safety gubbins.

But as I've said before, I'm no lawyer or rental/tenancy expert.

[Stonelaughter]

I would say that it's the responsibility of the prospective (business) tenant to ensure that the building meets fire safety regulations before they sign any lease; after all, it's them who will be using the building, and therefore THEIR safety which is at issue! If it doesn't, then you can use this as a bargaining chip with your prospective Landlord.

If there is no "deal" with the landlord over bringing it up to standard before you lease, then find another building!

[M-C Hoare]

My understanding is that it is the occupier's responsibility for fire safety under H&S, so that would be the tenant if taking a lease of the premises.
I don't think that there are local fire regs any more but you have to do a fire risk assessment, I believe, and then take reasonable steps to minimise any risk.
But go to the HSE website as they have a very useful checklist of what you have to do.
Marie

[mcjoyes]

The law has changed on this matter nearly two years ago now and introduces the role of "responsible person." There may be more than one responsible person, but principally it will be the employer in day to day charge/operation/use of the premises.

The responsible person is responsible, and accountable, for ensuring a fire risk assessment is in place, and that fire safety arrangements (including evacuation arrangements) are in place.

Local fire regs (and fire certificates) no longer exist - the new law is the Regulatory Reform (Fire Safety) Order.

You will find this link very helpful:

communities.gov.uk/fire/firesafety/firesafetylaw

Please feel free to contact me if you want more information.