New duties under Section 156 of the Building Safety Act 2022
What does this apply to?
On the back of the terrible tragedy of the Grenfell tower in 2017 the government was forced to bring in new legislation to increase protection for people in blocks of flats. But specifically this new requirement applies to any building containing 2 or more flats. So it doesn't just apply to tower blocks, but also pubs where the landlord also resides there. Or another common example is takeaway shops with living accommodation above.
The exact working is "in relation to a building containing two or more sets of domestic premises". Some questions we have been asked in the past:
What if there are 3 flats but only one is occupied? It doesn't differentiate between occupied or not.
Do I have to provide the information pack if there is only 1 occupied flat and I and the person that also created the Fire Risk Assessment and Evacuation Plan? Yes, obviously the plan doesn't have anything in there that you already don't know. But there it's there to cover off the possibility that you want to let out a flat next week but now down have time to create an information pack before they move in.
What if there is only 1 flat? Then you're exempt, you don't have to provide an information pack. No this doesn't make any sense to us either! But you still have responsibilities for the people in that flat by way of a Fire Risk Assessment, Evacuation Fire Plan, Evacuation Drills etc.
What needs to be in the Information Pack?
Quoting verbaitim from the legislation:
Building Safety Act 2022, Section 156 22A "Provision of information to residents of domestic premises"
"the risks to residents of the domestic premises identified by the risk assessment" So you don't have to give them the entire Fire Risk Assessment, though you can if this is easier. At a minimum you should details the non-compliant items and any specific risks identified. Maybe items such as the storage of flammable chemicals, processes which may cause fires e.g. cooking, items like lifts whos use maybe restricted in a fire situation.
"the preventive and protective measures" How you are managing and mitigating risks. Items such as having a fire alarm, providing fire extinguishers, staircase smoke vents, regular servicing of equipment, training, signage etc
"the name of the responsible person and an address in the United Kingdom at which the responsible person, or someone acting on their behalf, will accept notices and other documents" So the Responsible Person we have created a whole article on. But regarding "accept notices" means that if the notice an issue or have a question there must be a name of someone who can answer that for them.
"the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9" The name of the person who created the Fire Risk Assessment.
"the identity of any persons nominated by the responsible person under article 13(3)(b)" Details for the people that service the fire alarm and fire extinguishers.
"any risks of which the responsible person has been informed under article 22(1)(c)" Details of any specific risks specific to this building.
"any other matters specified in regulations made by the relevant authority" Such as enforcement notices from the local Fire Service.
Please contact us for further details on the number above for more information or to get a quote on a Information Pack.
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