|
The Regulatory Reform (Fire Safety) Order 2005 came into effect on 1
October. It replaces over 70 existing fire safety requirements, including Fire
Precautions Act 1971.
In particular, the old regime of fire certificates is
abolished, and replaced by a system of self-assessment (with a new regime
of prescribed duties imposed on ‘duty holders’). See the entry in our Land
section (p16). It is worth remembering that standard precedents should be
amended to delete references to Fire Precautions Act 1971 and other earlier
fire legislation. In particular, it will no longer be appropriate to enquire
whether there is a current fire certificate (or enquire whether alterations or
improvements have been made that would affect the validity of a fire
certificate). Indeed, asking whether the seller of a property has carried out a
risk assessment under the new regime is not necessarily going to be of any comfort to a buyer (or T); this is because the different ways in which
properties are used by different occupiers, and the activities they carry out
there, may affect the level of risk and mean that different fire safety
measures are needed. In essence, the ongoing duty on the ‘duty holder’
varies with the use to which the property is being put and the nature of the
organisation. Accordingly, a new risk assessment will always be needed.
From a drafting point of view, compliance with the 2005 Order will normally
be covered by a general contractual term that the seller (or L) has applied
with all applicable statutory requirements relating to the property. Source:
www.practicallaw.com/3-204-3124 (subscription service).
|
|
October 2006 |
