Rank: Forum user
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Morning Everyone,
I have been asked this question by a family member and seeing as my area of practice is in commercial H&S (as I’m sure most of us are) I was hoping that someone may have an answer or point me in the right direction of domestic..
My family member OWNS the upstairs of a maisonette property and the owner downstairs according to the deeds owns the communal porch (he also tells the upstairs occupier of this regularly). What, if any, laws apply to the communal areas that are specifically owned by someone who lives on the premises?
For example, he installed a self closing spring on the communal door without checking, which is very stiff and makes it very hard for a female or young person to open it... he did not put a handle on the inside of the door. In the event of a fire upstairs, the occupiers would have to get out and struggle with the door without a handle and then pull the door IN towards them...
I know this is slightly out of our area, but hope someone can shed some light on it!
Thanks All,
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Rank: Super forum user
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Luke
Not really my area of speciality either but I am aware that the RRFSO requires communal areas of domestic property to be identified and fire risk assessed, in other words, the area should be treated like non-domestic properties. It appears from your post that the communal door does not comply with good practice and therefore conflicts with the principles of RRFSO.
Ray
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Rank: Forum user
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RayRapp wrote:Luke
I am aware that the RRFSO requires communal areas of domestic property to be identified and fire risk assessed, in other words, the area should be treated like non-domestic properties. It appears from your post that the communal door does not comply with good practice and therefore conflicts with the principles of RRFSO.
Ray
As always - Thanks Ray - I'll look into that
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Rank: Forum user
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Ray,
The application of the RRFSO stipulates that it applies to virtually all types of premises and buildings excluding purely domestic premises occupied by a single family group... Therefore the RRFSO would apply wouldn't it as the building occupied by 2 family groups.
Just to confirm!
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Rank: Super forum user
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The communal areas of the block of flats come under the RRFSO. But before you go down that road you need to know who is responsible for having the FRA carried out it could be down to each tenant to pay or however owns the lease on the property or maintains the property.
Not clear how you open the door if there is no handle on the inside. they may well have fitted a self closer because they got sick and tired of your family member not closing the door behind them (that's how disputes start). the fact the door opens inwards would not be a major issue as you are not trying to evacuate large number of people by the sounds of it 4 at most.
Phil
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Rank: Forum user
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PhilBeale wrote:The communal areas of the block of flats come under the RRFSO. But before you go down that road you need to know who is responsible for having the FRA carried out it could be down to each tenant to pay or however owns the lease on the property or maintains the property.
See original posting Phil - Maisonette, Owned not rented.
PhilBeale wrote:
Not clear how you open the door if there is no handle on the inside. they may well have fitted a self closer because they got sick and tired of your family member not closing the door behind them (that's how disputes start). the fact the door opens inwards would not be a major issue as you are not trying to evacuate large number of people by the sounds of it 4 at most.
Phil
By pulling at the door latch on the inside (fairly tricky) and the family members are very aware of this and make an effort to ensure it is closed....
the postman on the other hand....
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Rank: Super forum user
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luke590 wrote:PhilBeale wrote:The communal areas of the block of flats come under the RRFSO. But before you go down that road you need to know who is responsible for having the FRA carried out it could be down to each tenant to pay or however owns the lease on the property or maintains the property.
See original posting Phil - Maisonette, Owned not rented.
Luke to me a maisonette has it's own seperate entrance to each flat so there should be no communal areas. secondly although each person may own their property or at least the mortgage company as well they would still be leasehold and not freehold so sometimes there would still be ground maintenance paid to the company that holds the leasehold. How do i know because i used to live in a maisonette what you are describing is a flat if they share the same entrance door.
PhilBeale wrote:
Not clear how you open the door if there is no handle on the inside. they may well have fitted a self closer because they got sick and tired of your family member not closing the door behind them (that's how disputes start). the fact the door opens inwards would not be a major issue as you are not trying to evacuate large number of people by the sounds of it 4 at most.
Phil
By pulling at the door latch on the inside (fairly tricky) and the family members are very aware of this and make an effort to ensure it is closed....
the postman on the other hand....
Then speak to the owner of the flat down stairs if they could fit a handle as they have trouble opening the door or to look at adjusting the spring adjustment on the self closer if possible
I tried offering help but would appear this was not appreciated.
Phil
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Rank: Forum user
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Phil - now now, don't be so sensitive... nothing i said was rude ...we're all grown ups here so we should be able to be direct without worrying about ones feelings.
I mentioned, again, on the original posting that there was a communal porch on the maisonette.. I never stipulated flat. I too, know the difference between a flat and a maisonette, hence the original posting specifying maisonette.
Please ensure you thoroughly read the OP (my) initial comments thoroughly.
No need to reply unless its to discuss the health & safety legal aspects of the topic.
Oh, and Phil... i do appreciate your comments. I appreciate everyones comments if they take the time to reply a thread i started.
Have a good day, its almost Friday.
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Rank: Super forum user
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Luke590,
As a concerned family member, why don't you go and communicate the problem with the other occupier?
Sounds to me like your family member doesn't get on too well with the other occupier, therefore, resolve this issue and you'll probably resolve the door issue.
If you reach for the 'elf n safety' approach, are you not practicing what we ourselves complain about?!
Please don't think I'm diluting the issue or your concern, merely choosing the more sensible (communicative) approach first.
Hope it works out.
Simon
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Rank: Super forum user
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Hi Luke i do seem to be having one of those days to day so i must apologise.Over to chessington world of adventure on Saturday so hopefully that should put me right gain
I'm still lost over what door we are referring to when you say porch door. My understanding is that each maisonette has it's own totally separate door from outside direct into the flat and there for should not share any door with the maisonette below. So I'm unclear what door your family members are going through which has the self closer fitted that might be an issue in a fire situation when leaving their maisonette. It sounds a s if they are entering the door in question from outside entering a small lobby area where they then have their door to their property.
I'm probably totally misunderstanding what you have said hopefully someone else be able to shine light on the situation.
All the best
Phil
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Rank: Forum user
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Luke,
The RR(FS)0 2005 does not apply to private domestic premises - regardless of whether or not they are HMO's.
Art 6(1) (a) states that the order does not apply to (a) domestic premises, except to the extent mentioned in article 31(10); Art 2 states “domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling); Art 31 relates to prohibition orders.
Therefore the RR(FS)O does not apply to the flats but does to the common non-domestic parts.
Regards
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Rank: Forum user
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AKWATSON - Thank you, very informative. Surely Art2 which states about ..."other appurtenance of such premises which is NOT used in common by the occupants".. but this is the common area (communal porch).... or am i misinterpreting?
Phil - no worries, we all have one of those. But you are a H&S Pro, so you must learn to be a mind reader!
I know what you mean, this is a different setup - The garden path leads to the main door (the one in question) which inturn leads into a communal porch to which there are 2 front doors to access either the ground floor or upstairs.
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