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I have a client with landings on the stairs where the banisters are 900mm high, the insurance company have pointed out that they should be 1100 to comply with modern regs. The building was constructed in 1890 with no recorded incidents and relatively littel traffic as most use the lifts and do not loiter or lean on them in that area. Does any body have any thoughts on this, the banisters are very aestitically pleasing and it would be a shame to modify them.
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Originally Posted by: Green40245  I have a client with landings on the stairs where the banisters are 900mm high, the insurance company have pointed out that they should be 1100 to comply with modern regs. The building was constructed in 1890 with no recorded incidents and relatively littel traffic as most use the lifts and do not loiter or lean on them in that area. Does any body have any thoughts on this, the banisters are very aestitically pleasing and it would be a shame to modify them.
didn't think that the regs are retrospective and therefore you don't need to do anything. I am quite sure there will be something on web about it. It could also depend on if the building is listed or not.
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Rank: Super forum user
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Im sure I read somewhere, that if it was in place before the new regulations it is fine, it would just mean that if the banister was changed tomorrow it would have to comply with the new regulations. Do not qoute me on it, I may be wrong as I do not know the buidling regs.
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Rank: Super forum user 
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Building Regulations are not retrospective being applicable to new build & refurbishment.
If we had retrospective regulation a huge number of buildings would be closed pending removal of asbestos. lead based paints, lead pipework, upgrading to the latest eco-design energy efficiency standards..... Many contemporay public buildings of the same period (museums, universities, libraries, town hall etc.) have similar handrail installations which they have not been forced to change.
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Rank: Super forum user
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Building Regulations are not retrospective being applicable to new build & refurbishment.
If we had retrospective regulation a huge number of buildings would be closed pending removal of asbestos. lead based paints, lead pipework, upgrading to the latest eco-design energy efficiency standards..... Many contemporay public buildings of the same period (museums, universities, libraries, town hall etc.) have similar handrail installations which they have not been forced to change.
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Rank: Super forum user 
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Notwithstanding that the Building Regulations aren't retrospective (as has already been mentioned), whether or not the staircase is "legal" would also depend on whether the building is classed as a "public building" or not.
The Building Regulations define a “public building” as:-
a building consisting of or containing —
(a) a theatre, public library, hall or other place of public resort;
(b) a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act(); or
(c) a place of public worship;
but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.
Therefore, if it's NOT a public building, a height of between 900mm and 1000mm is fine in any event.
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The requirements of the Building egulations apply if it the building is:
- non-domestic newly erected
- an existing non-domestic which undergoes extension or alteration
- undergoes a material change e.g. turns into a hotel
Historic buildings are e.g. listed, situated in conservation areas, of architectural/historical importance etc. The need to conserve these buildings must be recognised. Work should aim to improve the accessibility where practicably possible provided the work does not predujice the character or increase the long term deterioration of the fixtures and fittings etc.
In arriving at the decision of what is an appropriate balance between accessibility and conservation take advice from conservation officers e.g. local authority, historic England, English heritage etc.
Note: insurers are not always correct and they are often working in the best interests of themselves e.g. I was informed by an insurer that it was a legal requirement for face fit testers to be on the fit2fit scheme, which is good practice, but you can demonstrate your compliance with the law in other ways.
I hope that helps.
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Rank: Super forum user
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Posting as an insurance company surveyor with experience in this area. I used to work for one of the main UK insurers for churches, schools and care homes. We often encountered this issue and dealt with some quite serious accidents. Our 2 metre survey rods (folding rulers) had the 1100mm marks etched into them for checking rails.
One loss mechanism I recall was a teacher at a public school (listed building) chatting on their mobile phone while leaning against the banister rail (900mm) at top of stairwell. Phone slipped out their hand and they attempted to catch it. This caused their centre of gravity to shift and they fell to their death.
As others have said, it will depend on the occupancy. For schools, care homes, theatres and churches you need to take action. Theatre balcony rails will often have additional brass rails fitted at ends of the staircases for instance. On some designs an infill rail can be added or a secondary rail that keeps the public away from the low rail - e.g. horizontal separation. In some cases, you could get the same result with a console table in front of the low rail, but taking care not to add to the fire load if it is an escape stairwell.
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Rank: Super forum user 
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And regardless of applicability of Building Regs, Reg 3 of Management Regs remains in force. Undertake a s&s risk assessment and act accordingly. Sounds like you've thought about the context of the bannister and can defend not taking additional steps but there can't ever be a one size fits all answer.
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 1 user thanked Xavier123 for this useful post.
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