Fire safety for landlords

The guidance

The Housing Act 2004 applies to all residential properties. The Fire Safety Order also applies to some of these. This can be confusing for landlords.

We are working with Avon Fire and Rescue Service (AFS) to help landlords understand and comply with both pieces of legislation. You can find this guidance on the West of England Housing website.

We have agreed to adopt the same approach to decide what fire safety measures are appropriate in a particular property. This is a risk assessment approach contained in national guidance commissioned by the government. If the guidance is followed, landlords can be confident they have met both sets of legal requirements.

The guidance has been written with landlords in mind. For the majority of properties there will be no need to employ fire risk assessors as the guidance is clear and and includes a risk assessment template (pdf, 49 KB). It is not a set of standards; there can be a number of ways of reducing the fire risk.

Who does what

We have agreed who will be the 'lead' authority for particular types of property  This is to avoid duplication for landlords. However, this doesn't remove the legal powers each authority has - particularly if an emergency arises. We will be informing each other about the action we have taken.

The council and Avon Fire and Rescue Service (AFS) will act as lead authorities for different types of buildings:

The council

• Single dwellings
• All Houses in Multiple Occupation (HMO), whether or not subject to licensing
• All self-contained flats whether purpose built or converted

Avon Fire and Rescue Service (AFS)

• Premises with mixed commercial and associated residential accommodation and sheltered housing -
  "Associated" means there isn't independent access which is adequately fire separated, so where residential accommodation such as an HMO is completely separated from commercial accommodation we will take the lead in the HMO and AFS with the commercial accommodation.
• Hostels/B&B/hotels - Where a kitchen is used to provide board. If food only is provided, the property will be treated as an HMO. 

Frequently asked questions

What private rented properties does the Fire Safety Order apply to?

Information can be found at http://www.avonfire.gov.uk - follow the link to Commercial Fire Safety. The Order applies to the common parts of properties let as:

• bedsits
• shared houses on multiple tenancies (not if joint tenancy)
• self contained flats
• properties with mixed use of bedsits/shared accommodation and flats.

What happens if there is a fire safety hazard on my property?

We will assess the fire safety hazard and will refer to the guidance to specify what work is needed. This work will reduce the fire safety hazard to a satisfactory level; this will not necessarily mean that on completion of the work the guidance will be fully complied with.

Landlords will be informed if we believe that the Fire Safety Order applies, this can be checked with AFS. All landlords will be recommended to fully comply with the guidance.

Where the Order applies and the work specified by us is completed, AFS will accept that fire safety measures have been improved. If the work is in accordance with the guidance then a landlord can be assured that the measures needed under the Order have also been provided. Landlords should be aware that AFS may contact them at a future date to audit the risk assessment and fire safety measures provided as a result.

What happens if  I have a property where there is commercial and residential accommodation that is not totally separate or the property is a hostel with a kitchen to provide board?

AFS is the lead authority. AFS may from time to time check compliance with the Fire Safety Order. If we are informed of any concerns about fire safety measures these will be referred to AFS.

Compliance with the guidance will mean that subsequent action under the Housing Act is most unlikely. If we have cause to inspect the residential part any fire safety problems will be referred to AFS. However, we still have powers to act if there is an emergency.

What happens if there is a commercial part of the property that is completely separate from the living accommodation?

You are advised to follow the guidance for the living accommodation and consult with AFS about the commercial part and how there might need to be common fire safety measures eg fire alarm. If the council and AFS become involved in the property they will liaise about any requirements and let you know what these are.

What happens if I have converted the property to the latest Building Regulation standards for fire safety?

The fire safety measures are likely to be satisfactory as long as there have been no alterations to the layout. If the Fire Safety Order applies, AFS may inspect to check compliance with other aspects of the Fire Safety Order.

House in Multiple Occupation (HMO)

Since many licensable HMOs are shared houses on a joint tenancy, the Fire Safety Order will not apply. Whether or not the Order applies, any additional fire safety measures will be required as a condition of the licence. Landlords will be informed that the Order may apply and, if so, AFS may check compliance in the future.

The fire safety licence condition can be met by either providing specific fire safety measures or following the national guidance. By following the guidance the fire safety measures under the Fire Safety Order would also be met.