Fire safety: Who is responsible

Our responsibilities

The Council has some responsibility for aspects of fire safety.

We work with the Department for Levelling Up, Housing and Communities and local agencies to provide a coordinated approach to fire safety within housing in Barnet.

Agencies with building control responsibilities

Department for Levelling Up, Housing and Communities oversee the law (Building Act 1984, Building Regulations 2010) and create guidance in the form of Approved Documents.

Barnet Council Building Control Service are the local authority public sector building control body.  They oversee ‘building work’ for a range of applications and retain overall enforcement powers. They are a member of Local Authority Building Control (LABC).

Approved Inspectors are the private sector building control bodies. The Approved Inspector register is maintained by the Construction Industry Council.

Building Control Alliance is made up of relevant stakeholders including the Association of Consultant Approved Inspectors and LABC. The group publishes guidance notes on building control compliance.

New Home Warranty includes schemes such as the 10 year Buildmark Warranty provided by the National House Building Council. These warranties are independent to the building control body regime.

Agencies with environmental health responsibilities

Department for Levelling Up, Housing and Communities oversee the Housing Act 2004 and shape legal guidance, regulations and publications.

Barnet Council's Private Sector Housing Team in the Environmental Health department, provide support for the private sector to help residents remain safely in their homes. Through advice and appropriate enforcement, they ensure that private landlords carry out property improvements to meet minimum legal standards.

The Fire Authority are consultees in relation to fire safety for the Housing Act 2004. They are the lead enforcement body in relation to the public areas within flats. Work with other agencies about aluminium composite material (ACM) cladding.

Fire Safety Joint Inspection Team provide expertise to help councils tackle unsafe ACM cladding in private sector high rise blocks.

Barnet Council Planning Team work with the Private Sector Housing team in the conversion of properties into houses in multiple occupation.

Registered Providers (RPs) responsibilities

The DLUHC regulate RPs through the Regulator of Social Housing.​

Under law RPs have a responsibility to ensure their tenants and properties are safe. It is also important that they educate their tenants about fire safety, ensuring feel safe in their home.

​As well as complying with all building regulations, RPs must meet these fire safety regulations:

• Housing & Health and Safety Rating System – included in the Housing Act 2004
• Fire Safety Act 2021 (this amends The Regulatory Reform (Fire Safety) Order 2005). This includes the need for all landlords to complete a Fire Risk Assessment (FRA) of the shared parts of the building
• Consumer Standards set by the 'Regulator of Social Housing. This does not apply to fully owned low-cost home ownership

RPs should address many areas when it comes to fire safety.

Before a tenant moves in RPs should:

• conduct a Risk Assessment to identify and remove or reduce fire hazards in the home. It should also identify people at risk
• provide fire safety information to tenants to make them aware of their responsibilities, and how best to reduce their fire risk

Personal Emergency Evacuation Plan (PEEP)

The purpose of a PEEP is to have an evacuation plan for people who would be able to self-evacuating.

RPs should be mindful of providing PEEPs in high-rise residential buildings.

It may be that your RP does not know the individual specialist needs of each resident in each high-rise building.

Contact your RP if you feel you should have a PEEP.

Fire Risk Assessments (FRA)

Responsibility for carrying out the Fire Risk Assessment (FRA) could be with:

• the freehold owner
• a residents’ management company
• a Right to Manage company
• a managing agent

You can ask your RP who is has carried this out and for a copy of the assessment.

You can speak to your RP about any works recommended by an FRA and when these will take place. Residents may have to pay for these works. LEASE, the leasehold advisory service can provide further details on such charges.

Funding

The RP can apply to the DLUHC to see if they can get funding under the:

• Waking Watch Relief Fund
• the ACM Cladding Remediation Fund
• the Building Safety Fund

If you not satisfied with the service you are receiving

Contact your RP and follow their complaints procedure.

If you are still unsatisfied you can take your complaint to the Housing Ombudsman service.

Landlord and managing agent responsibilities

Landlords and managing agents have a legal duty for fire safety in their buildings.

These duties include providing:

• smoke alarms
• carbon monoxide detectors
• fire doors
• clear communal areas that are kept free of belongings.

The London Fire Brigade provide a guide to the responsibilities of private landlords including carrying out a Fire Risk Assessment and an emergency evacuation plan.

They can take action if there are any concerns about fire safety in communal areas such as shared corridors and stairwells.