Two years ago, six people died and 50 more were injured in the Lakanal House tragedy, the worst housing fire in modern times. Whilst the Lakanal tragedy projected fire safety to the top of most social landlord's priorities, certain quarters of the housing sector continue to put the safety of tenants at risk. Whilst no criminal charges have as yet been brought against anyone in respect of Lakanal House, enforcement activity elsewhere is clearly focused on fire safety breaches and some strong messages are being sent out. The managing agent of a block of flats in London has been fined £100,000 recently after a fire in a block of flats in Paddington.

There is a growing body of case law under the Regulatory Reform (Fire Safety) Order 2005 where fines in excess of £100,000 have been imposed for breaches. These cases have often involved situations where no fire has broken out or, if there has been a fire, where no-one was injured. These fines represent the "potential for harm" posed by fire risks. In contrast, fines of £100,000 in traditional health and safety cases are the accepted benchmark for fatalities. Fire safety compliance and the threat from enforcement therefore cannot be ignored.

However, it's not just heavy fines being imposed. A residential landlord was given a six month suspended prison sentence in May for four breaches of the Order. More recently, a fire safety risk assessor (along with a hotel manager) has been jailed for eight months. In that case, fire safety risk assessments had a number of significant deficiencies which placed occupants of the hotel at severe risk in the event of fire. Imposing a custodial sentence in these circumstances for the first time, the Court said the time had come to send a clear message to those people who do fire safety risk assessments.

This development is perhaps more concerning when considered in the context of a recent survey from the CIH conference where it was revealed that only a quarter of social housing landlords are confident their blocks have a suitable and sufficient fire risk assessment in place.

The recent publication by the CIH of its Fire Safety for Housing Good Practice Guide is therefore welcomed by social landlords and housing associations as a big step in the right direction towards keeping tenants safe. In light of concerns that previous guidance on fire safety lacked practical details on how to deliver an appropriate level of fire safety, the emphasis in the guidance is on assessing properties for fire safety risks.

Social landlords, other responsible persons and those carrying out fire safety risk assessments cannot ignore the stark messages that have been sent out about the sanctions the Courts are willing to impose for breaches of the Order. Imprisonment for failing to adequately address these issues is now a real threat, with the social housing sector a potential target for future enforcement action. Some of the key areas landlords need to address are:

• Fire risk assessments, but crucially, being satisfied as to the competency of the assessor and ensuring in-house assessors are fully trained. Whilst there is currently no clear guidance on the competency of a risk assessor, a competency standard prepared by the Fire Risk Assessment Competency Council is expected in the coming months.
• Consider fire detection systems such as alarms, smoke control arrangements, fire doors, evacuation procedures and fire suppression systems such as sprinklers, extinguishers and emergency response procedures.
• Don't ignore gas safety such as checking gas appliances, fittings and flues.
• Be proactive about fire safety. Introduce fire safety checks into tenancy agreements and ensure those contractors working on your behalf are also fully compliant.

The fire authorities have wide ranging powers including the service of enforcement notices. They have also been permitted by the Courts to routinely prosecute responsible persons following inspections where breaches have been identified, irrespective of whether there has been an actual fire or not, and often in circumstances of not being afforded the opportunity to remedy any identified breaches.   

In view of the disastrous consequences posed by fire, this heavy handed regime may be justified. Can you afford not to review and reassess your fire safety risk?

If you have any queries about fire safety, health and safety or any other aspect of regulatory compliance please contact:

Paul Matthews 

0845 404 1645

paul.matthews@cobbetts.com