A fire risk assessment (FRA) is a legal requirement but as a tenant or employee, what do you do if your building does not have a fire risk assessment?
Our latest blog gives advice and guidance on when you should need an FRA and what to do if you don’t.
Tenants or Apartment Owners
If you’re living in managed apartments, a fire risk assessment should be in place, however, what should you do if you realise you don’t have one?
Firstly, the freeholder or managing agent of a building has a legal duty to arrange for a fire risk assessment to be carried out on the communal areas.
If the person responsible for carrying out the assessment is your freeholder or a management company, you can complain to them directly.
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/or up to 2 years in prison.
If you are employed and work in a factory/office it is again a legal requirement for your employer to have a fire risk assessment. This includes if you work in a shop, restaurant, warehouse, hotel, care home or office.
If your building has fewer than five regular occupants then, under the law, the fire risk assessment doesn’t need to be written down. Of course, it is always best to have things in writing as this is the easiest way to communicate findings, ensure recommendations have been implemented and provide evidence of compliance if needed after a fire.
As with the managing agents of apartments etc, your employer could be prosecuted if they do not have a fire risk assessment or if the correct fire safety precautions have not been implemented.
If you are dissatisfied as a employee or tenant by any of the fire safety services provided by an organisation, you should first make a formal compliant directly to that organisation, in most cases, this will give an opportunity to the organisation to put things right and explain its position to you. If you still remain dissatisfied, you may take your complaint to an Ombudsman.
If you’re concerned about a fire risk assessment or need further information, contact our safety team HERE.