Checks on combustible cladding

Following the fire at Grenfell Tower in London, Brighton and Hove City Council state they wrote to all households in council owned tower blocks with a fire safety update which confirmed no cladding on their tower blocks was the same material used on Grenfell Tower. They also state they sent a text message to lessees and housing staff hand delivered a letter to the 20 high rise blocks with cladding in the city on Friday 20 June.

A pilot sprinkler installation at Somerset Point was completed in 2016. This project was match funded between Brighton and Hove City Council and East Sussex Fire and Rescue Service.

The council will be reviewing the use of sprinklers, taking into account latest technology and future government guidance

From a national perspective, the government has commenced consultation on building regulations and fire safety in light of the Grenfell Tower disaster. It will look at possible changes to construction, conversion and ongoing management of buildings and possible changes to enforcement. In light of this, fire safety risk assessment in particular may be changed in the future.

But what is the council doing for private sector owned high rise buildings?

The council state on their website that they take all fire safety very seriously and are currently concentrating their resources on council-owned high rise blocks. They state they will be working with owners of private blocks to ensure we have the necessary information to make their blocks safer.

Therefore it will be down to you (the flat owner) to check you are safe. We note however during the conveyancing process that often privately owned blocks have managing agents to assist with the day to day running of the block it is therefore important you contact them should you have any questions about future works or service charge increases.

However, you should be aware that the 1st October 2006 saw the introduction of new government regulations which affect virtually every individual building in England & Wales .

The regulations apply to virtually all commercial and residential premises and cover nearly every type of building, structure and open space in England & Wales making it mandatory for fire risk assessments to be carried out. As solicitors this is one of the key questions we ask for our potential buyers. We ask for sight of the report, once received we check to see if any hazards/recommendations have been identified if so we ask if the works have been carried out.

Insurance companies have also stated that should there be an incident and a claim made where a fire risk assessment has not been carried out and the findings not acted upon, then they may reserve the right to invalidate the insurance policy.

Demands for service charges payable to the landlord must be in writing and must contain the landlord’s name and address.

This does NOT apply if the service charge is payable to a management company which is a party to the lease, rather than payable directly to the landlord. The demands must still be writing, but they do not need to contain the landlord’s name and address.

Normally the lease will provide for the service charge to be demanded in advance, but occasions will arise when the demands are issued after completion of the works or provision of the service. In these cases a statutory time limit applies: the landlord must issue the demand within 18 months of them incurring the cost. If the demand is issued later than this, the landlord cannot recover the costs at all, unless a notice is served during the 18 months stating that costs have been incurred and that the tenant will be required to contribute to them by payment of a service charge (section 20B Landlord & Tenant Act 1985).

Should you have any questions regarding this article, or general service charge, or conveyancing issues please contact Stephanie Woodward at Dean Wilson LLP on 01273 249200