Enforcement Notices Involving Flat Entrance Doors
Guidance Note for Responsible Persons
Merseyside Fire and Rescue Authority (“MFRA”) will, where necessary, serve a formal notice of deficiencies (an Enforcement Notice or “EN”) under Article 30 of the Regulatory Reform (Fire Safety) Order 2005[1] (“The Order”) requiring that the Responsible Person (“RP”) for the communal areas of a block of flats ensures that escape routes are available for use in the event of fire.
To comply with the requirement of such an EN, it may be necessary for doors opening onto those common areas to be replaced by appropriate fire-resisting doors. This is to ensure that a fire in a flat is contained within the flat long enough so that all occupants of the block can escape safely. Where this is the case, the exact requirements will be specified in the wording of the EN.
The responsibility for carrying out the work in relation to the replacement of flat doors may vary, depending on the terms of leases, tenancy agreements, maintenance agreements or similar arrangements and RPs are expected to utilise the powers available to them.
If an RP fails to ensure that flat doors are replaced in line with the requirements of an EN within the specified timescale, this may be an offence under Article 32(1)(d) of The Order. Where it can be proven that this failure was directly caused by the act or default of some other person, then that other person may be guilty of an offence and they may be charged with and convicted of the offence under Article 32(10) of The Order, whether or not proceedings are taken against the RP.
This means that, if an RP can show that they have made every reasonable effort to comply with the terms of an EN using the relevant terms of a lease or tenancy agreement to require a tenant/flat owner to take the necessary steps to remedy the deficiencies relating to the flat door, including utilising a Section 146 LPA 1925 Notice[2] if necessary, but the tenant/flat owner has failed to undertake the required remedial action, then the tenant/flat owner themselves may be committing an offence. In this instance, following an investigation, MFRA may prosecute the tenant/flat owner where appropriate.
[1] https://www.legislation.gov.uk/uksi/2005/1541
[2] https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/146