Introduction

Acknowledgements

Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

Introduction to Subject

PLEASE NOTE THIS SUBJECT APPLIES FOR ENGLAND AND WALES. In SCOTLAND, fire precautions and means of escape are dealt with under the Repairing Standard. This states that you must ensure - 'the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire'. Please see that subject for more details.

There is additional guidance on smoke alarms, issued by the Scottish Government. There is a section on this, as well as the guidance document itself in the Additional Resources section. The guidance can also be found in the Additional Resources section here.

Property available for let must have an adequate means of escape in case of fire and, depending on its size, may require a level of fire detection and extinguishing equipment. A risk assessment under the HHSRS can be carried out by the Local Authority and work specified to minimize the risk. This would be for all types of properties, whether in single- or multiple occupation.

Fire Authorities also have the power to ask Landlords of HMOs to carry out a form of risk assessment themselves and require for works to be carried out. The two pieces of legislation overlap, which can cause confusion, but essentially the same work should satisfy both authorities.

If the property is a House in Multiple Occupation (HMO) which is subject to licensing, you must also comply with license conditions in relation to fire safety.

The legislation deals with principles rather than giving practical assistance, however, guidance was published in July 2008 by LACORS. This gives landlords details on the type of work that will be necessary in their properties and hopefully aid consistency in requirements across the country. A clarification document was also issued by LACORS in March 2009 to give further guidance of several issues.

The translation into exactly what you need in each individual property will be decided by the Local Authority and /or Fire Authority, but they should give you an opportunity to discuss it and suggest alternatives.

The guidance document, together with the clarification information, can be found in the Additional Resources section.

Legislation

• Housing Act 2004
• Regulatory Reform Order (Fire Safety) 2005
• The Management of Houses in Multiple Occupation (England) Regulations 2006
• The Management of Houses in Multiple Occupation (Wales) Regulations 2006
• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006
• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Additional Provisions) (England) Regulations 2007
• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Additional Provisions) (Wales) Regulations 2007
• The Houses in Multiple Occupation (Management) (England) Regulations 2009
• The Houses in Multiple Occupation (Management) (Wales) Regulations 2009