Fire Safety

The Building Safety Fund (BSF) has been adapted to make sure it is risk-driven, proportionate and delivered more quickly.

For instance, all funding decisions for new applications now involve applicants providing an assessment of the risks posed by fire spread over external walls to identify what, if any work, is needed. This is called a Fire Risk Appraisal of External Walls (FRAEW) and is undertaken by competent professionals.

A FRAEW uses the new PAS 9980:2022 code of practice. This code, developed by the British Standards Institution and supported by government and industry, allows professionals to use their expert judgement to assess risk and appropriate mitigations.

The BSF now covers works directly related to the recommendations of a FRAEW, conducted on an eligible building with cladding. This could involve the removal and replacement of cladding (in whole or part) or mitigations such as the installation of sprinkler systems.

The above approach is intended to increase the overall pace of addressing life-safety fire risk defects, minimise disruption and inconvenience caused by works for those living in affected high-rise buildings, and simplify the process.

People’s safety remains paramount.

More information you might find useful:

• What is the Building Safety Fund?
• What should I know about the Building Safety Fund, opened in 2022?
• What is a Fire Risk Appraisal of External Walls (FRAEW)?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Last year, 49 of the UK’s largest developers signed a public pledge to do the right thing.

On 30 January 2023, the government published a developer remediation contract reflecting the pledge, and wrote to housebuilders and developers to urge them to sign the contract in order to make the pledge commitments legally binding.

Once signed, the contract requires developers to:

• Take responsibility for all necessary work to address life-critical fire safety defects arising from design and construction of buildings 11 metres and over in height that they developed or refurbished over the last 30 years in England.
• Keep residents and leaseholders in those buildings informed on progress towards meeting this commitment.
• Reimburse taxpayers for funding spent on remediating their buildings through government funds such as the Building Safety Fund (BSF).

On 14 March 2023, the Government published the list of developers who have signed the contract as well as the developers who have yet to sign the contract. This list will be kept up to date as further developers sign.

Find out more information about the developer remediation contract.

More information you might find useful:

• How will the developer remediation contract affect my building?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Where developers take over responsibility for works to address life-critical fire-safety defects on buildings already in the BSF process, they must:

• take forward full cladding remediation works or all works recommended by a Fire Risk Appraisal of External Walls (FRAEW), carried out according to the PAS 9980:2022 methodology. For more information see What is a Fire Risk Appraisal of External Walls (FRAEW)?.
• reimburse all costs incurred by BSF applicants and relevant leaseholders in developing the remediation project; and
• for projects which have completed a tender for the works under the BSF process, meet the current estimated completion date.

Where buildings remain in the BSF, the developer must reimburse the department once works have been completed where:

• BSF funding has been agreed and a contract signed; and
• (in some cases) where BSF funding has been agreed but the contract has not been signed.

If BSF funding has been agreed but the contract has not been signed, the developer has a choice:

• agree with the department that the building should continue to be remediated in the BSF process and reimburse the department; or
• remediate the building themselves.

Either way, the developer has to pay.

If your building’s developer has agreed to take responsibility for works, or reimburse the BSF in full, the BSF applicant should notify you.

If your building’s developer takes over responsibility for works, under the contract, they are also encouraged to provide updates and may provide you with contact details so that questions or concerns about the works can be raised.

More information you might find useful:

• What is the developer remediation contract?
• What is the Building Safety Fund?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If the building owner previously applied to the BSF (in June or July 2020) and their application was found to be ineligible because the cladding was not eligible at the time, they can apply to the BSF if an Fire Risk Assessment of External Walls (FRAEW) can be provided which meets the criteria set out in Annex A.

If your building owner previously applied to the BSF (in June or July 2020) and the building was found to have ineligible works, or cladding systems that did not meet the specific criteria listed in Annex A – Technical Information of the 2020 BSF guidance, you may now be eligible for the BSF or CSS if an FRAEW following PAS 9980:2022 methodology can be provided which meets the criteria set out in Annex A.

Yes, if you are responsible for carrying out remediation works (a ‘responsible entity’), you can re-apply to the Building Safety Fund under the eligibility criteria outlined in the Building Safety Fund guidance for new applications from July 2022.

The guidance sets out the process for re-applications.

More information you might find useful:

• What is the Building Safety Fund?
• Who can apply to the Building Safety Fund?
• Can my building owner apply to the Building Safety Fund if they have already started remediation work?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Applications can be made if the removal and replacement of cladding started after 12 March 2020 and before 28 July 2022  and works have not been completed.

Applications cannot be made for buildings where cladding removal and replacement works were committed to, started or completed before 11 March 2020, when the Building Safety Fund was first announced.

More information you might find useful:

• What is the Building Safety Fund?
• Who applies to the Building Safety Fund?
• What are the leaseholder protections in the Building Safety Act 2022?
• Building Safety Fund: information for leaseholders and residents: GOV.UK
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

From 28 June 2022, the Building Safety Act gave  financial protections to leaseholders in buildings of at least 11 metres, or 5 storeys, with historical safety defects.

The protections can prevent a landlord from passing on to leaseholders via the service charge the cost of putting right these defects.

The protections apply to buildings containing at least two flats that were built, or converted, in the last 30 years prior to 28 June 2022.

What you will have to pay

Your level of protection depends on your status, and you can check if you will have to pay to fix safety problems with GOV.UK.

If you have a qualifying lease you are protected from all costs to do with unsafe cladding, and there is a cap for non-cladding costs, or depending on the value of your lease and the landlord’s net worth, you may not have to pay for them at all.If the landlord was responsible for the defect – for example, they were the developer or associated with the developer – then they cannot recover the cost of any cladding or non-cladding remediation costs via the service charge. This is the case even if you do not have a qualifying lease.

What landlords have to disclose

Landlords must provide a completed landlord certificate when they want to pass part of the remediation cost on to you through the service charge.

The certificate confirms that the landlord was not responsible for the defect and shows their net worth.

What leaseholders have to disclose

Your landlord can ask you to confirm that you are a qualifying leaseholder. They can send a notice requiring you to complete a leaseholder deed of certificate, showing whether you held a qualifying lease on the 14 February 2022.

Your landlord must ask you to complete a leaseholder deed of certificate if they are aware of a relevant defect in the building, or if they become aware that you are selling your property.

The wording of the law is not totally clear, but it appears that a leaseholder can also submit a leaseholder deed of certificate themselves, at any time.

More information you might find useful

• Do I qualify for protection from paying to fix my building’s safety defects?
• How am I protected by the Building Safety Act?
• What is the Building Safety Fund?
• What is a leaseholder deed of certificate and how do I get one?
• When must a landlord provide a landlord’s certificate?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Under the Building Safety Act 2022, qualifying leaseholders are protected from all costs related to fixing unsafe cladding and the cost of fixing non-cladding defects are either capped or not payable.

You are a qualifying leaseholder if your property is in a building of at least 11 metres or 5 storeys and on 14 February 2022 either:

• your property was your main home, meaning it was the home where you spent most of your time
• or you owned no more than 3 homes in the UK in total – but note that homes outside England are not covered by these protections

The protections only apply to buildings constructed or converted in the 30 years before 28 June 2022 that contain at least two flats.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• What is the Building Safety Fund?
• Do I have to pay for safety repairs if my building is over 11 metres high?
• Check if you’ll have to pay to fix safety problems: GOV.UK
• Building safety leaseholder protections guidance: GOV.UK
• Deed of certificate Frequently Asked Questions: GOV.UK
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The Building Safety Act 2022 created legal protections for leaseholders from historical building safety costs. The Act protects qualifying leaseholders from all costs relating to the remediation of unsafe cladding systems and contains robust protections from non-cladding remediation costs.

To ensure that those who are liable to pay under leaseholder protections actually do so, the Act includes what are called anti-avoidance and enforcement provisions. These include Remediation Orders and Remediation Contribution Orders. You can find out more in the guide Making sure remediation work is done.

More information you might find useful:

• Do I have to pay for the remediation works on my building (over 18m)?
• What is a “qualifying leaseholder” for leaseholder protections?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

As a result of the Building Safety Act 2022, there will no longer be a cap on the amount of funding received through the Building Safety Fund.

Previously, funding for your building may have been capped due to subsidy control regulations that applied to leaseholders who were ‘economic actors’. This is no longer the case. An economic actor is anyone who uses the property principally for financial gain – for example, a leaseholder who lets the property or uses it for business purposes.

More information you might find useful:

• What is the Building Safety Fund?
• What is a ‘qualifying leaseholder’ for leaseholder protections?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The Ministry of Housing, Communities & Local Government is committed to making sure that dangerous high-rise buildings, across England, are safe and that leaseholders are protected.

In June 2022, the Secretary of State wrote to freeholders and made clear that the days of leaseholders being faced with large invoices for building safety repairs are now over.

The letter reminds freeholders that: qualifying leaseholders now have protections, in law, from costs; and that they will be acting illegally if they attempt to circumvent them.

Freeholders or owners of buildings over 18 metres with cladding, who do not already have clear plans to address these issues, must act and get a Fire Risk Appraisal of External Walls (FRAEW), to the PAS 9980:2022 methodology, ready to submit to the Building Safety Fund (BSF).

Taking these steps will ensure applications can be handled in good time, reducing disruption and stress to leaseholders and residents. They must inform and consult leaseholders and residents throughout the BSF process.

In July 2022, under the Building Safety Act, new legal powers for responsible authorities came into force.  Responsible authorities are those who can apply to the Tribunal for these orders, for example:

• the Secretary of State
• the building safety regulator
• local authorities
• fire and rescue authorities, and
• (for Remediation Consent Orders only) a special measures manager.

This means authorities can compel freeholders to remediate their buildings through Remediation Orders and cover the cost through Remediation Contribution Orders.

The Ministry has also set up a dedicated Recovery Strategy Unit to pursue companies and individuals that fail to do the right thing.

Stronger measures in the Act include:

• new powers for the Secretary of State to restrict irresponsible developers’ ability to build new homes;
• expanding the scope of the Building Safety Levy so it can be charged on any new development requiring building control approval; and
• improving building owners’ rights to launch legal actions against developers.

More information you might find useful:

• What is the Building Safety Fund?
• What is a Fire Risk Appraisal of External Walls (FRAEW)?
• Do I have to pay for the remediation works on my building (over 18m)?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

On 18 December 2023, UK Finance and the Building Societies Association issued an update to this joint statement. The statement clarifies which mortgage lenders will lend on properties with building safety issues.

These are: Barclays, HSBC, Lloyds Banking Group, Nationwide, NatWest, Santander, Skipton Building Society, TSB and Virgin Money. They have confirmed they will lend on buildings in England 11m+ in height that:

• will be remediated by the developers that built them or are in a government-funded remediation scheme,
• or the leaseholder is covered by the leaseholder protections described in the Building Safety Act, as evidenced by a Leaseholder Deed of Certificate.

This is a significant step forward and will enable thousands of leaseholders in homes with building safety issues to move on with their lives.

To help you understand your rights and whether you qualify for leaseholder protections, the Government has produced a Leaseholder Protections Checker and detailed guidance.  The Checker uses information from leaseholders to work out the maximum amount they may be charged under the new protections in the Building Safety Act.

Those that the protections apply to will need to complete and submit a leaseholder Deed of Certificate to their freeholder who will confirm if they have to pay any money or not.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The law does not give a specific time period for how often to undertake a fire risk assessment. It simply says that the person responsible for the assessment in your building must review it ‘regularly’ to make sure it’s up to date. 

The responsible person must review the fire risk assessment if: 

• there’s reason to think it’s no longer valid (for example, there has been a fire in the shared parts of the building). 
• there have been significant changes since the assessment was done (for example, major building works or more people using the building). 

The assessment itself might also include a recommendation of how often it should be reviewed or updated.  

Reviewing an existing fire risk assessment can take less time and be done more frequently than carrying out a new one. 

Guidance on timings 

Guidance on fire safety in purpose-built blocks of flats recommends that for low-rise blocks of up to 3 storeys above ground, built in the last 20 years, fire risk assessments should be: 

• reviewed every 2 years 
• redone every 4 year 

For blocks with higher risks – for example, because of the age of the building or those more than 3 storeys high – the guidance recommends that fire risk assessments should be: 

• reviewed every year 
• redone every 3 years 

In extreme cases – for the highest-risk buildings – the guidance recommends doing a new fire risk assessment once a year.

More information you might find useful:

• Who is responsible for carrying out a fire risk assessment?
• Who can carry out a fire risk assessment?
• How do I get a copy of my building’s fire risk assessment?
• What is a fire risk assessment?
• Who enforces fire safety law?
• What are the leaseholder protections in the Building Safety Act 2022?
• Fire safety risk assessment guidance: National Fire Chiefs Council
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

In law, the responsibility for fire safety in the shared parts of a residential building falls to whoever has ‘control of the premises’. This is usually the owner (freeholder), a residents’ management company, a Right to Manage company, or a managing agent. 

One of the duties of the ‘responsible person’, as they are known in the law, is carrying out a ‘suitable and sufficient’ fire risk assessment. Depending on the circumstances, this may be a review of existing fire safety arrangements or a new assessment.  

The freeholder or management company responsible may decide to pass this duty on to a managing agent.  

The responsible person or their agent may carry out the fire risk assessment themselves or may employ someone else to do it.

More information you might find useful:

• Who is allowed to carry out a fire risk assessment?
• What is a fire risk assessment and do I need one?
• How do I get a copy of my building’s fire risk assessment?
• How often should a building have a fire risk assessment?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

To get a copy of your building’s fire risk assessment (FRA), you should contact the responsible person and ask them to send you a copy.

The person responsible for carrying out the FRA is usually the owner (freeholder), managing agent, or management company of the building.

It is good practice for them to give you a copy of the FRA if you ask for it. Some industry bodies, such as the Association of Retirement Housing Managers, also recommend it.

What if the freeholder, management company or managing agent doesn’t give me a copy?

Unfortunately, there is nothing in law that requires the responsible person to provide residents with a copy of their building’s FRA.

However, the law does require them tell you about any risks identified by the FRA.

The local fire and rescue authority has power to enforce this requirment.

Making a complaint to your managing agent

If you have a managing agent and they fail to give you a copy of the FRA, you could make an official complaint.

First, you should complain to the individual agent directly. If that does not work, you should make a formal complaint through the internal complaints procedure at the agent’s company.

If you are still unhappy, you can then complain directly to a redress scheme. All managing agents in England must be a member of one of two redress schemes:

• The Property Ombudsman
• The Property Redress Scheme

More information you might find useful

• My building has no fire risk assessment. What do I do?
• What is a fire risk assessment?
• Fire risk assessments: how often must they be done?
• Who is responsible for carrying out a fire risk assessment?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If you find out that your building does not have a fire risk assessment you should contact the freeholder, managing agent, or management company and ask them to carry out an assessment as soon as possible. 

They have a legal duty to carry out a fire risk assessment on the building’s communal areas. 

What if the freeholder, management company or managing agent do not carry out the assessment? 

If they do not carry out a fire risk assessment, they have not met their legal duty to keep residents safe and could face an unlimited fine and up to 2 years in prison. 

Complaining to your freeholder or management company 

If the person responsible for carrying out the assessment is your freeholder or a management company, you can complain to them directly. 

If they still will not carry out an assessment, you should contact your local fire and rescue authority (FRA). Ask your local fire service or council who your FRA is. 

Your FRA is responsible for enforcing fire safety regulations and they can order your freeholder or management company to carry out a fire risk assessment. 

Complaining to your managing agent 

If the person responsible for carrying out the assessment is a managing agent, you should complain directly to them. 

If that does not work, you should make a formal complaint through the internal complaints procedure at the agent’s company.  

If you are still unhappy, you can complain to one of the organisations below. All managing agents in England must be a member of one of these two organisations: 

• The Property Ombudsman 
• The Property Redress Scheme 

As well as complaining to these redress schemes you could also speak to your FRA, as mentioned above.

More information you might find useful:

• I’m responsible for fire safety in a block of flats. Do I need a fire risk assessment?
• What is a fire risk assessment?
• How do I get a copy of my building’s fire risk assessment?
• How often should a building have a fire risk assessment?
• Who is responsible for carrying out a fire risk assessment?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

A fire risk assessment (FRA) reviews the dangers of a fire breaking out in your building and recommends ways to reduce risks and protect residents.  

Controlling fire risks is an important part of building management and the FRA is like the guide book for fire safety measures in your building. 

The assessment looks at: 

• how likely a fire is to start 
• what would happen if a fire did start 
• measures to minimise the risk of fire starting or spreading 
• measures to keep people safe 

What does a fire risk assessment cover? 

A fire risk assessment covers the shared parts of a building, such as common stairwells and entrance halls, external walls and front doors to flats that open on to common areas. Also, ‘general fire precautions’ to keep people safe. 

These should include measures to: 

• reduce the risk of fire starting, such as ‘no smoking’ signs or regular safety checks of electrical sockets or lights 
• reduce the risk of fire spreading, such as fire doors 
• alert people to a fire, such as smoke alarms 
• help people get out of the building, such as clear escape routes 
• tell people what to do if a fire starts, such as an emergency plan 
• reduce the harm caused if a fire starts, such as fire extinguishers or sprinklers 

The general fire precautions must protect: 

• people in the building 
• people who are near the building who may be at risk if a fire started 

Does my building need an FRA? 

In England and Wales, all blocks of flats and large houses in multiple occupation (HMOs) must have an up-to-date FRA. 

The law says the assessment must be ‘suitable and sufficient’ for the building. 

More information you might find useful:

• Who is responsible for carrying out a fire risk assessment?
• Who is allowed to carry out a fire risk assessment?
• How often must fire risk assessments be done?
• My building has no fire risk assessment. What should I do?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The law does not specify who is allowed to carry out a fire risk assessment, but simply states that the person must be competent enough to complete a ‘suitable and sufficient’ assessment for a given building. 

The “Responsible person” is, normally, the landlord, or his agents but can include a Residents Management Company or RTM company. The “Responsible person “has a duty to organise the fire risk assessment. They can carry out a fire risk assessment, or review, themselves, but, if it is a large or complex building, or if they do not have the knowledge, or competency, to do so, they should find a specialist to do it for them.

More information you might find useful:

• Who is responsible for carrying out a fire risk assessment?
• How often should a building have a fire risk assessment?
• How do I get a copy of my building’s fire risk assessment?
• What is a fire risk assessment and do I need one?
• What are the leaseholder protections in the Building Safety Act 2022?
• Guidance for choosing a fire safety risk assessor: National Fire Chiefs Council 
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Your local fire and rescue authority (FRA) and your local council Private Sector Housing Team are both responsible for enforcing fire safety in your area.

If you are not sure who your fire and rescue authority is you local fire service will be able to give you their information. The fire service may also have information about the FRA on its website. You can also search for your local fire and rescue service on the Chief Fire Officers Association website.

The FRA gets its power for enforcing fire safety regulations from the Regulatory Reform (Fire Safety) Order 2005.

The Order gives FRAs the power to:

• inspect buildings
• make the person responsible for fire safety in your building carry out a fire risk assessment or safety improvements (through an enforcement notice)
• make the person responsible for fire safety tell the FRA about any changes to the building that may raise the risk of fire (through an alterations notice)
• force buildings (or parts of buildings) to close (through a prohibition notice)

The local council gets its powers for assessing and enforcing fire safety matters from Part 1 of the Housing Act 2004 (“the 2004 Act”) which introduced the Housing Health and Safety Rating System (HHSRS).

Twenty-nine categories of potential hazard are considered of which hazard 24 is fire.
The HHSRS is the main tool for assessing fire safety risk and regulating standards in all types of residential accommodation.

The 2004 Act covers the whole building whereas the 2005 Order covers the common parts only. The 2004 Act gives the local council the power to serve a range of notices including an improvement notice which requires the owner to fix issues that risk residents’ health and safety.

It is an offence not to comply and councils have powers to do the work themselves if it is continually ignored. Councils can also impose fines of up to £30,000.

The Crown Premises Fire Safety Inspectorate (CPFSI) is responsible for enforcing the Regulatory Reform (Fire Safety) Order 2005 in government buildings, Parliament and other Crown premises, excluding Ministry of Defence buildings who have their own Inspectorate. In respect of buildings owned by the Crown Estates Commissioners including those containing flats, the Inspectorate is responsible for enforcing the 2005 Order.

The CPFSI role is to:

• undertake risk-based inspections
• provide advice and guidance on fire safety
• investigate fire safety failures following fires and injuries
• respond to consultations on proposed building work
• share information with stakeholder to promote consistency and reduce risk
• take enforcement action in accordance with the CPFSI enforcement policy (ODT, 54.9KB) and follow the principles of good enforcement set out in the Regulators’ Code

More information you might find useful:

• Which law covers fire safety?
• Who is responsible for carrying out a fire risk assessment?
• Fire risk assessments: how often must they be done?
• Who pays for a fire risk assessment?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If you are not sure who should pay for a fire risk assessment you should read through the terms of your lease. It will typically depend on the terms of the lease between the building owner (the freeholder) and the leaseholders as to who pays for specific maintenance or safety works.

There is often no specific mention of fire risk assessments in the lease, however the freeholder may be able to use other wording in the lease (for example, in a ‘sweeping up’ clause) to justify passing on the cost to the leaseholders.

If leaseholders are asked to pay, the cost is usually included in the annual service charge.

More information you might find useful:

• Who is responsible for carrying out a fire risk assessment?
• Fire risk assessments: how often must they be done?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety
• Resolutions for service charge disputes 

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

In England and Wales, the law that covers fire safety is the Regulatory Reform (Fire Safety) Order 2005. This current law came into force on 1 October 2006 and replaced most of the fire safety law that went before it.

The law says that the person responsible for fire safety in a building must take ‘reasonable’ steps to:

• reduce the risk from fire
• make sure people can safely escape if there is a fire

The Order gives fire and rescue authorities (FRAs) the power to:

• inspect buildings
• make the person responsible for fire safety in your building carry out a fire risk assessment or safety improvements (through an enforcement notice)
• make the person responsible for fire safety tell the FRA about any changes to the building that may raise the risk of fire (through an alterations notice)
• force buildings (or parts of buildings) to close (through a prohibition notice)

Part 1 of the Housing Act 2004 (“the 2004 Act”) also gives local councils the power to asses and enforce fire safety matters. The 2004 act also introduced the Housing Health and Safety Rating System (HHSRS). The HHSRS is the main tool for assessing fire safety risk and regulating standards in all types of residential accommodation.

The 2004 Act covers the whole building whereas the 2005 Order covers the common parts only. The 2004 Act gives the local council the power to serve a range of notices including an improvement notice which requires the building owner to fix issues that risk residents’ health and safety.

More information you might find useful:

• Who is responsible for carrying out a fire risk assessment?
• Fire risk assessments: how often must they be done?
• Who pays for a fire risk assessment?
• Who enforces fire safety law?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Your landlord has a duty to carry out  a fire risk assessment on the building and review this ‘regularly’.

The assessment and review should include all doors from your home into and within shared parts of your building.

Fire risk assessment of your front door

The fire safety risk assessor may recommend that your front door is upgraded or replaced to ensure it remains adequate to resist the spread of smoke or fire.

But you do not have to replace a fire door simply because it does not meet the current safety standards, if the door remains in full working order and fit for purpose, from a fire safety point of view.

Your obligations

Leases commonly have a clause that requires the leaseholder not to do anything which may invalidate the building’s insurance policy. If there is a genuine need to upgrade or replace your front door, you may be in breach of your lease if you refuse to comply.

The 2005 Fire Safety Order also has a clause which may require a leaseholder to co-operate with their landlord if the leaseholder owns their front door and upgrading or replacement is recommended to ensure that the door is in efficient working order and in good repair.

More information you might find useful

• Who pays to replace a fire door?
• What happens if I breach the terms of my lease?
• What are the leaseholder protections in the Building Safety Act 2022?
• What is a fire risk assessment and do I need one?
• My building has no fire risk assessment. What should I do?
• Fire Safety Regulations 2022: fire doors: GOV.UK
• More Frequently Asked Questions on fire safety

Still not found the answer?

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Your lease should tell you if you own a door and whether it is your responsibility to maintain and repair it. If you do own it, you will have to pay for its replacement or upgrade, if this is necessary. 

If the lease says that a door is the freeholder’s responsibility to maintain and repair, then usually you and the other leaseholders would pay to replace or upgrade it through your service charge. 

More information you might find useful:

• Can my landlord force me to change my front door?
• Resolving a service charge dispute: flowchart
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

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Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If you are responsible for fire safety in a building, it is your legal responsibility to make sure that the building has an up to date fire risk assessment.

The law says that the ‘responsible person’ must get a ‘suitable and sufficient’ fire risk assessment that covers the shared parts of their building.

As the responsible person, you must also:

• get the fire risk assessment reviewed regularly
• act on any recommendations in the assessment, such as keeping escape routes clear or providing fire extinguishers

If you do not carry out a fire risk assessment you could face an unlimited fine and/or up to 2 years in prison.

More information you might find useful:

• Who is responsible for carrying out a fire risk assessment?
• Fire risk assessments: how often must they be done?
• Which law covers fire safety?
• Who enforces fire safety law?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

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Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The front door to your flat should have complied with Building regulations when it was installed. If you are installing a new one, it should comply with current Building regulations 

All new fire doors should be FD30s rated, providing fire and smoke resistance for at least 30 minutes. 

Your door supplier or contractor should give you a test certificate confirming that the fire door and any included ironmongery or letter boxes comply with any of these fire safety standards: 

• BS476: Part 22 1987 (the British Standard)  
• BS EN 1634-1 2000 (the UK adoption of European standards) 
• BM TRADA Q-Mark scheme 
• BWF Certifire scheme 
• The door should also meet the Secured by Design standard. 

Building regulations requirements can vary depending on the type of building and the location of the doors. You can also refer to official guidance published on fire safety regulations.

More information you might find useful:

• Who pays to replace or upgrade a fire door?
• Who owns and is responsible for my fire door?
• How am I protected by the Building Safety Act 2022?
• Fire door guidance: GOV.UK 
• Fire doors: London Fire Brigade 
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

As a  qualifying leaseholder, you are protected by the Building Safety Act 2022 from the cost of replacing your building’s unsafe cladding. You may also have protection against other, non-cladding, historical safety defects, or these will be subject to a cap.

The Act came into force on 28 June 2022 for relevant buildings with relevant historical safety defects. It ensures that:

• developers pay to fix buildings they developed or refurbished even if they no longer own them
• companies and building owners associated with those developers must pay for fixing historical safety defects – preventing the use of complex corporate structures to avoid liability
• funding for remediating unsafe cladding is available where developers cannot be identified
• leaseholders are protected from crippling bills for historical safety defects

You can check if you qualify for protections here.

Your protections

Qualifying leaseholders are protected from all cladding system remediation costs. You are also exempt from all historical remediation costs if on 14 February 2022:

• the value of your lease was less than £325,000 in Greater London or £175,000 elsewhere in England
• your landlord has a group net worth of more than £2 million per relevant building

The Act ensures that any contribution required from qualifying leaseholders for non-cladding defects and interim measures (including waking watch costs) is firmly capped and spread over 10 years, with costs already paid out since 28 June 2017 counting towards the cap. If remediation costs exceed the cap, building owners must make up the difference.

More information you might find useful:

• Do I qualify for leaseholder protections?
• Check if you’ll have to pay to fix safety problems with your building: GOV.UK
• More Frequently Asked Questions on fire safety

Your lease should make clear who owns the fire door to your property. This will be if it forms part of your ‘demised premises’ – the property you own. 

Usually it will be you who has ownership of the entrance door to your flat and be responsible for its maintenance and repair.  

However, where the freeholder retains ownership and responsibility for the door, then you and the other leaseholders may have to pay the cost of any repairs through the service charge. 

More information you might find useful:

• I own the front door to my flat and want to replace it. What do I do?
• Who pays to replace or upgrade of a fire door?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

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Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If you own the front door to your flat and you want to replace it, you should start by obtaining Building Regulations approval from the Building Control department at your Local Authority.  You are required to seek such approval from the local authority due to the safety implications of replacing a fire door.

Many leases will also require leaseholders to apply for written consent from their landlord before they can carry out any alterations. This would usually include any alterations to or replacement of the entrance door to the flat. If you need to get consent from your landlord, you should write to them and clearly explain the changes you plan to make.

It is important that the fire door you install is compliant with Building Regulations. If the alteration does not meet these standards your freeholder will require you to reinstate the door at your own expense to ensure it complies with Building Regulations and meets the requirements of the Fire Safety Order.

More information you might find useful:

• What are the requirements for a fire door to comply with current Building Regulations?
• Who pays for the replacement/upgrade of an existing fire door?
• Who do I use to replace my fire door?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If you need to replace your fire door it is recommend that you only use a competent third party accredited fire door installation company. There are various third party accredited schemes, where you can view their registers and find a suitably qualified trades person:

• BM Q-Mark OP37 fire door installation scheme
• BRE group windows and doors fire performance certification scheme
• Warrington Fire FIRAS Scheme for fire doors

Third party certification is a helpful guide but should not be relied upon. Composite fire doors on the market should all have furnace test certificates for both sides of the door.

Installing a fire door correctly is as important as ensuring the door itself is to the correct standard. Correct installation of the fire door is important in order to make sure the door is fit for purpose.

A test certificate for all replacement doors should be provided to you by the contractor supplying/fitting the door, confirming that it meets the required fire safety standard. Alternatively fire doors can be marked in accordance with an accredited fire door installation scheme.

More information you might find useful:

• Who pays for the replacement or upgrade of an existing fire door?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

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Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Question 4.8 of LPE1 asks if “within the next two years are any Section 20 works proposed to the Property”, and, if so, to provide details of the works and the contribution anticipated from the leaseholder.

‘Section 20’ refers to a consultation process that the law requires a landlord to conduct if planned works (‘major works’) will cost any leaseholder in the building more than £250.

It follows that any intended cladding works should be disclosed in answer to question 4.8.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

You can apply for a remediation order if you are a leaseholder or others with a legal or equitable interest in an eligible building. Local authorities, certain regulators and other interested persons can also apply.

You can make your application to the First-tier Tribunal (Property Chamber) using form BSA1.

Who can I get a remediation order against?

You can ask the First-tier Tribunal (FTT) to issue an order against a landlord, freeholder, head leaseholder or management company legally required to repair or maintain anything relating to a ‘relevant defect’ in a ‘relevant building’.

A relevant building is at least 11 metres or 5 storeys high and contains at least 2 flats.

Relevant defects could include:

• unsafe cladding
• flammable balconies
• lack of compartmentation between flats

What evidence do I need?

You need to submit evidence with your application that:

• the landlord or management company is legally required to repair relevant defects in the building
• it is a relevant building
• there is at least one relevant defect

How do I show there is a relevant defect?

Documentation such as a surveyor’s report or other technical reports, a fire risk assessment, a Fire Risk Appraisal of External Walls (FRAEW), or the contents of a landlord’s certificate may be appropriate evidence to use to support your application.

While you will only need to identify at least one relevant defect at the application stage, by the final hearing, the FTT will require detailed evidence of the specified relevant defect(s) to support its decision on whether to make an order.

More information you might find useful

• What is a remediation order?
• Is a remediation order enforceable?
• Making sure remediation work is done: GOV.UK
• Guidance on the use remediation orders: GOV.UK
• More Frequently Asked Questions on fire safety

Waking watch is a fire safety system where suitably trained staff continually patrol the floors and the exterior perimeter of a building to maintain the safety of its occupants from fire. The aim of a waking watch is to ensure there is sufficient warning in the event of a fire to support the evacuation strategy.

A waking watch is required when the presence of dangerous cladding or fire safety issues changes the evacuation policy of a building from stay put to simultaneous evacuation. This change requires fire marshals to patrol the building 24 hours a day looking for signs of fire.

The provision of waking watch has left leaseholders facing average costs of £17,897 per building, which equates to £331 per flat.

Further information:

• Government funding for the remediation of Non-ACM cladding – A quick guide for leaseholders to the Building Safety Fund
• What are the leaseholder protections in the Building Safety Act 2022?
• LEASE advice on fire safety
• Book a fire safety advice session

You can apply for a remediation contribution order (RCO) if you are a leaseholder or someone with a legal or equitable interest in an eligible building. Right to Manage and residents management companies, local authorities, certain regulators and other interested persons can also apply.

You can make your application to the First-tier Tribunal (Property Chamber) using form BSA2.

Who can I get an RCO against?

RCOs can be made against your current landlord or your landlord on 14 February 2022, the developer, or anyone associated with them. But they must be in a company or partnership. Individuals cannot be subject to an RCO.

What evidence and information do I need?

Before you make an application, you will need to have evidence:

• that you and your building are eligible
• that the order you are seeking is against someone legally liable to contribute to the costs of remediation work
• of remediation work needed or carried out
• for the contribution amount you are seeking

You will also need to say who should receive the awarded funds and how they would use them.

Outcomes

The First-tier Tribunal can make an RCO if it considers it ‘just and equitable’ to do so.

More information you might find useful

• What is a remediation contribution order?
• Is a remediation contribution order enforceable?
• Making sure remediation work is done: GOV.UK
• Guidance on the use of remediation contribution orders: GOV.UK
• More Frequently Asked Questions on fire safety

Front doors to flats opening on to communal areas should be checked as part of the regular fire safety risk assessment of your building. Your landlord, their agents or other responsible person should do this.

What your landlord must do

Regulations in 2022 brought in additional obligations on landlords about fire doors.

In all buildings containing two or more flats that have communal parts through which residents would need to evacuate in the case of an emergency, residents should be given information every 12 months (or as soon as possible if new) that:

• fire doors should be kept shut when not in use
• residents or their guests should not tamper with self-closing devices
• residents should report any fault or damage immediately to the responsible person

In buildings above 11 metres the responsible person must:

• use ‘best endeavours’ to check all flat entrance fire doors at least every 12 months and
• carry out checks of any fire doors in communal areas at least every 3 months

How checks are carried out

Government guidance on the regulations says that checks should be simple and basic visual checks, without the need for a specialist or tools.

It says that with appropriate instruction, caretakers, managing agents, housing officers and maintenance personnel should be able to do them in the course of routine visits to the building.

More information you might find useful

• Fire Safety Regulations 2022: fire door guidance: GOV.UK
• Who owns and is responsible for the fire door?
• Can my landlord force me to change my front door?
• Who do I use to replace my fire door?
• Do my fire doors need to comply with current building regulations?
• More Frequently Asked Questions on fire safety

The front door to your flat should have complied with building fire safety regulations when it was installed.

If you are installing a new one, or altering the present one, it should comply with current building regulations as regards fire safety. However, there is no requirement to replace a fire door simply because it does not meet the current standard under Building Regulations, if the door remains in full working order from a fire safety point of view.

A competent fire safety risk assessor will, usually, assess whether a front door is fit for purpose during the fire safety risk assessment.

Ratings and certifications

All new fire doors should be FD30s rated, providing fire and smoke resistance for at least 30 minutes.

Your door supplier or contractor should give you a test certificate confirming that the fire door and any included ironmongery or letter boxes comply with any of these fire safety standards:

• BS476: Part 22 1987 (the British Standard)
• BS EN 1634-1 2000 (the UK adoption of European standards)
• BM TRADA Q-Mark scheme
• BWF Certifire scheme

The door should also meet the Secured by Design standard.

Building regulations requirements can vary depending on the type of building and the location of the doors. You can also refer to official guidance on fire safety regulations.

More information you might find useful

• Who pays to replace or upgrade a fire door?
• Who owns and is responsible for my fire door?
• How am I protected by the Building Safety Act 2022?
• Fire door guidance: GOV.UK
• Fire doors: London Fire Brigade
• More Frequently Asked Questions on fire safety

Yes, provided you have a qualifying lease in a relevant building, the leaseholder protections apply to you as a shared ownership leaseholder as they would a full leaseholder.

More information you might find useful

• What is a qualifying leaseholder for leaseholder protections?
• How am I protected by the Building Safety Act?
• More Frequently Asked Questions on fire safety

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Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

The responsible person in your building – typically the landlord, freeholder or managing agent – has a duty to take reasonable precautions to ensure that you and other leaseholders are safe from fire.

Their duties are set out in the Regulatory Reform (Fire Safety) Order 2005, which includes having regular fire risk assessments. They have to evaluate the fire risk by taking into account existing fire safety measures and decide whether additional measures are necessary.

Once fire risks have been identified, they can be measured, prioritised and managed appropriately. Fire hazards range from low to high risk.

Your responsible person needs to consider and act as appropriate on any recommendations set out in the fire risk assessment. They should assess the likelihood and severity of harm in the communal areas and external parts of the building.

High risks should be dealt with as a priority, while low risks should be carefully considered.

The local fire and rescue authority enforces the 2005 Order. They have powers to inspect and enforce fire safety requirements.

More information you might find useful

• Who is responsible for carrying out a fire risk assessment?
• Who is allowed to carry out a fire risk assessment?
• How often must fire risk assessments be done?
• My building has no fire risk assessment. What should I do?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Yes, as a seller you have to tell the buyer about cladding or any possible defects that may be a safety risk to the building. You do this in the pre-contract enquiry form for leasehold properties (form TA7).

The landlord, freeholder or managing agents must also complete the Leasehold Property Enquiries Form (LPE1).

In this form, the buyer asks many questions about the property, including in question 4.8 about any planned Section 20 works within the next two years and the leaseholder’s expected contribution to the costs.

Section 20 refers to a consultation process that the law requires a landlord to conduct if planned works (‘major works’) will cost any leaseholder in the building more than £250.

Landlords must disclose information about any planned cladding works and whether they intend to recover any costs via the service charge.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

No, you cannot force your landlord to provide a landlord’s certificate.

However, if your landlord has not provided a landlord’s certificate, when they should, they will not be able to pass on costs to you for repairing your building’s historical safety defects, such as cladding.

Until they provide the certificate, they are presumed to be responsible for the relevant defects and to have met the net wealth threshold, that prevents them from charging you for this type of work through the service charge.

More information you might find useful

• Mandatory information required from landlords: GOV.UK
• Remediation costs: what leaseholders do and do not have to pay: GOV.UK
• Check if you’ll have to pay to fix safety problems with your building: GOV.UK
• How am I protected by the Building Safety Act?
• More Frequently Asked Questions on fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

Sprinkler systems are particularly useful for preventing the spread of fire in tall buildings.

According to building regulations, from 26 November 2020 sprinkler systems must be fitted throughout newly built blocks of flats over 11 metres, or when existing buildings of this height are converted for residential use.

Whether sprinklers are required in exisiting residential buildings will depend on fire safety risk assessments or other fire safety reports.

More information you might find useful

• Sprinklers and access for fire safety works: two important cases
• Who is responsible for carrying out a fire risk assessment?
• How often should a building have a fire risk assessment?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on fire safety

The Government has announced its commitment to fully fund Aluminium Composite Material (ACM) cladding replacement and to protect private sector leaseholders in high-rise residential buildings (over 18 metres) from the costs of remediation. This does not apply where a warranty claim has been accepted.

The government has already provided a social sector cladding fund for the removal and replacement of unsafe ACM cladding on residential social housing buildings over 18m.

Applications for the Private sector ACM cladding remediation fund closed on 31^st December 2019.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• What works does the cladding fund cover?
• Has the government banned the use of combustible materials in cladding on blocks of flats?
• More Frequently Asked Questions on Fire safety

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Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

These are interim measures put in place to ensure residents are safe until the cladding has been removed and replaced and could include the provision of a patrolling waking watch service.

More information you might find useful:

• What is the cladding fund?
• What works does the cladding fund cover?
• Has the government banned the use of combustible materials in cladding on blocks of flats?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

A quick read guide of the consultation is available here

More information you might find useful:

• What is the cladding fund?
• What works does the fund cover?
• What are the conditions for accessing the cladding fund?
• Has the government banned the use of combustible materials in cladding on blocks of flats?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.

If you are not sure who pays for works that are recommended under a fire risk assessment you should read through your lease. The responsibility for paying for works will depend on the terms of the lease between the building owner (the freeholder) and the leaseholders.

It may well be there is no specific mention of fire risk assessments in the lease or indeed of works recommended to be carried out as a result of such an assessment. If this is the case, it is possible that the freeholder will try to include the cost of these works in the service charges that are paid by leaseholders.

Depending on the terms of the lease, the freeholder may be able to rely on other wording in the lease to justify passing on the cost of such works to the leaseholder in the form of service charges but ultimately it is a matter of interpretation of the particular lease.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• Sweeping up clauses
• Who pays for a fire risk assessment?
• Who is responsible for carrying out a fire risk assessment?
• Who can carry out a fire risk assessment?
• Resolutions for service charge disputes

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers

If your building has ACM cladding your landlord or managing agent should have been in contact with the Department and/or delivery partners regarding a funding solution for remediation of their building.

In this instance, your landlord should continue to work through the private sector or social sector ACM cladding remediation funds as appropriate, including for funding for remediation of any unsafe non-ACM cladding systems, which may now be in scope for the Building Safety Fund.

The Building Safety Fund was first opened in June 2020 and has now reopened for new applications on 28 July 2022. All funding decisions for new applicants will now involve applicants providing an assessment of the risks posed by fire spread over external walls to identify what, if any work, is needed. It uses the new PAS 9980:2022 code of practice and means fire safety professionals will be using their expert judgement to assess risk and appropriate mitigations, which could include removal and replacement of ACM cladding.

Please refer to the guidance for more information.

More information you might find useful:

• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

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On 21 December 2018 the government brought in a clear ban on the use of combustible materials on the external walls of new buildings over 18 metres high which contain flats, as well as new hospitals, residential care premises, dormitories in boarding schools and student accommodation over 18 metres high.

Regulations were presented to Parliament on 29 November 2018 to give legal effect to the ban.

All materials which become part of an external wall or specified attachment must achieve European fire rating Class A2-s1, d0 (both limited combustibility) or Class A1 (non-combustible).

This includes balconies, sun shadings and solar panels attached to an external wall
The ban applies to new building work and also existing buildings going through a change of use to become a building falling within the affected category. Accordingly, office buildings being converted to apartments will have to comply with this requirement.

The regulations do not apply where a building notice or an initial notice has been given to, or full plans deposited with, a local council before 21 December 2018 and either the building work to which it relates has started before that day, or is started within two months from that day.

These regulations apply in England only.

More information you might find useful:

• Who pays for a fire risk assessment?
• Who is responsible for carrying out a fire risk assessment?
• What are the leaseholder protections in the Building Safety Act 2022?
• More Frequently Asked Questions on Fire safety

Still not found the answer?

Contact LEASE to have your enquiry dealt with by one of our experienced advisers.