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Fire
Safety
in
Houses |
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Fire
Safety
in
Houses
in
Multiple
Occupation If
the
Local
Authority
wished
to
inspect
your
property
would
you
be
confident
about
the
fire
precautions
in
place?
Are
you
keeping
a
low
profile
hoping
no
one
will
notice
you
or
your
properties? The requirement for provision of fire precautions in houses in multiple occupation is not new and you should take steps to ensure your property complies. The responsibility is yours but the local Council can advise you. If your property is in Plymouth contact the Private Rented Team of Housing Strategy and Development on 01752 307070 to obtain a copy of a comprehensive guide to fire safety and/or for an informal chat. The Private Rented Team will be happy to meet you at your property to advise you informally of the fire precautions you should install. What is a house in multiple occupation? It
is
defined
under
the
Housing
Act
1985
as
a
property
which
is
occupied
by
more
than
one
household.
There
is
a
lot
of
case
law
around
this
definition
and
it
has
been
found
to
include
the
following
types
of
property:
houses
divided
into
flats
(whether
self
contained
or
not);
bedsitting
rooms;
hostels;
bed
and
breakfast
accommodation
for
homeless
people;
religious
retreats
and
backpackers
hostels.
There
is
no
definitive
size
of
property
or
number
of
occupants
(which
can
be
as
low
as
2). I only have students in my properties so they’re shared houses not houses in multiple occupation aren’t they? Not
necessarily.
A
‘shared’
house
is
not
a
category
of
housing
that
is
recognised
in
housing
law.
There
are
two
types
of
house,
single
family
dwellings
and
houses
in
multiple
occupation.
‘Shared’
house
is
a
term
that
is
commonly
used
to
describe
houses
occupied
by
students
but
in
deciding
what
standards
apply
a
decision
has
to
be
made
as
to
whether
it
is
in
multiple
occupation
or
not.
The
kinds
of
things
that
will
be
considered
are
the
letting
arrangements,
how
the
rent
is
paid,
the
extent
to
which
household
activities
are
shared,
and
which
rooms
are
exclusively
occupied.
Although
there
is
no
set
number
of
occupants,
which
will
define
a
property
as
being
in
multiple
occupation,
the
likelihood
of
a
‘shared’
house
falling
into
this
category
increases
with
density
of
occupation. My
property
has
planning
permission
so
the
requirements Yes
they
do.
Planning
permission
only
recognises
that
the
use
of
the
property
is
lawful,
they
do
not
say
that
the
standard
of
accommodation
is
adequate.
My
property
was
converted
with
Building
Regulations
Approval That
depends.
Many
old
conversions
are
no
longer
considered
satisfactory
because
they
lack
smoke
detection.
In
other
cases
Building
Control
are
not
able
to
impose
the
full
Building
Regulations
standard
because
there
is
not
a
significant
change
in
the
way
the
house
is
being
used.
You
need
to
get
specific
advice
from
your
local
Council. Why do houses in multiple occupation have to have special fire precautions? Because
the
risk
of
fire
occurring
is
higher
than
in
an
ordinary
family
home,
it
is
more
difficult
to
raise
the
alarm
in
a
large
property
with
unrelated
occupants
and
safe
escape
from
the
building
may
quickly
become
impossible. What
is
an
adequate
level
of
fire
safety? The
risk
of
fire
and
injury
increases
with
the
size
of
house
and
number
of
occupants.
The
level
of
protection
required
will,
therefore,
also
vary.
There
are
two
aspects
–
an
‘adequate
means
of
escape
from
fire’,
which
consists
of
creating
a
‘protected
route’
through
the
installation
of
fire
doors
and
fire
resisting
partitions,
and
‘adequate
other
fire
precautions’,
i.e.
provision
of
mains
powered
automatic
fire
detection. What
happens
if
I
let
out
a
house
in
multiple
occupation A
failure
to
provide
safe
accommodation
and
protect
tenants
from
injury
is
a
breach
of
Regulation
13
of
the
Housing
(Management
of
Houses
in
Multiple
Occupation)
Regulations
1990,
which
is
an
immediate
offence
for
which
the
Local
Authority
may
prosecute. You
have
a
Common
Law
Duty
of
Care
towards
your
tenants.
Breach
of
this
Duty
may
result
in
civil
action
by
your
tenants
for
damages
following
injury. If
there
should
be
a
death
at
your
property
as
a
result
of
a
fire
and
adequate
fire
precautions
have
not
been
provided,
it
is
possible
that
a
manslaughter
charge
arising
from
negligence
will
be
considered
by
the
police. If
the
Local
Authority
should
inspect
your
property
they
will
advise
you
what
fire
precautions
are
required
and
may
serve
notice
under
Section
352
of
the
Housing
Act
1985
requiring
work
to
be
done.
Breach
of
such
a
notice
would
be
an
offence.
The
Local
Authority
may
prosecute
or
carry
out
the
work
in
your
default.
You
should
not
wait
for
the
Local
Authority
to
call,
however,
but
take
your
own
steps
to
ensure
your
property
meets
the
required
standard. I
only
manage
the
property
for
the
owner
so
I
don’t
need Yes
you
do.
As
Manager
of
the
property
you
can
be
sued
for
negligence,
prosecuted
for
breach
of
the
Housing
(Management
of
Houses
in
Multiple
Occupation)
Regulations
1990
and
prosecuted
for
manslaughter. Do
the
requirements
apply
to
buildings
containing
flats Yes,
but
the
Local
Authority
has
discretion
on
whether
or
not
to
enforce
the
requirements
under
the
Housing
Act
1985.
All
the
liabilities
arising
from
failure
to
keep
the
house
safe
will
still
fall
on
the
responsible
person
however.
This
may
be
the
freeholder
or
other
managing
agent. Are
there
any
other
regulations
relating
specifically
to Yes.
There
are
minimum
requirements
on
room
sizes,
numbers
of
people
sharing
kitchens
and
bathrooms
and
facilities
to
be
provided.
In
addition
the
Housing
(Management
of
Houses
in
Multiple
Occupation)
Regulations
1990
impose
wide-ranging
duties
on
the
Manager
of
the
property.
The
Manager
may
be
the
owner
or
someone
else
appointed
to
manage
the
property. Linda Johns Private Rented Team Plymouth City Council 19.9.02 |
