Posted By shaun mckeever No. If you are suggesting that this is an existing situation then it cannot have gone through the proper process. This will not be allowed under Building Regulations. You must inform your local Fire Authority and Building Control. It is in my view a situation in which the Fire Authority are likely to serve a prohibition notice.

Posted By JDC I am working in Technical Fire Safety for a Fire Authority. Let me expand a little on the problem. I would imagine that should a premises now apply for a "change of use" Building Control would insist on suitable means of escape for persons in flat above and no doubt fire protection from below and perhaps means of warning (sounders)installed in flat above. However, historically, private dwellings have operated as a shop and flat above, typically your corner convenience store, in the early 20th. Century and things have gone relatively unchecked for many years. I would imagine because the risk has been "Acceptable". What has happened over the years is premises have diversified and now you can have the position where a "Bottle Gas Supplier" can have a shop downstairs in a row of terraced houses and a flat above with no real protected means of escape. Should Building control step in at some point and say no or is there a difference if the flat is occupied by the shop owners or let, by contract or by implication??? Further discussion and corrections please

Posted By Tabs I think at first look, the answer would be "yes" and appears to ignore the time at which the risk became apparent or realised. However, the wording uses the phrase "the premises" and that cannot apply to the flat above... is the takeaway safe? yes ... is the flat safe? not relevant in this Order. So, sadly I think the answer is "No". It may become relevant in other Regs though - Mngmnt Regs, even section 3 of the HSAW Act.