Communal Areas for Small, Converted Houses – Is Fire Safety Overlooked?

Converting houses into two or more flats from houses or offices can be a profitable investment, and have become increasingly popular, particularly in towns and cities. In 2013 the government relaxed the rules and regulations on them, making them a popular investment for landlords. Flats from converted houses are a more affordable option than purpose-built flats, however, as of 2020, regulations were introduced by the government, providing strict guidelines for the size and price of converted flats.

Converted properties can be attractive to buyers because they can offer unique features and character, but they also require careful and professional advice on planning, budgeting, and adhering to legal requirements, in particular, flats that were converted a long time ago prior to the various modern building regulations would have highlighted these issues.

What are the potential issues?

1) If a property has been converted in recent times, then due to the relaxed planning process in certain areas throughout the country, if a builder / competent person has undertaken the works but not carried them out to various building regulations of which will involve fire safety measures e.g. Fire separation, then fire issues can arise.

2) Works were completed some time ago and therefore the Local Authorities do not hold a record to determine whether this property had been converted with Building Regulations approval.

In both situations, there is a high risk that Fire safety measures are insufficient and a potential risk to health, therefore these properties may be classed as a Section 257 HMO (two storey building converted to flats), and should be applied to the LACORS standards, especially if they are used as buy-to-let investments.

What is a section 257?

A S257 HMO is a building which has been converted, or partially converted, into self-contained flats that did not comply with the appropriate building standards and still does not comply with those standards, and less than two-thirds of the self-contained flats are owner occupied.

How safe are they to live in?

Unless one landlord owns the entire building, flats of this nature will be leasehold, so the landlord effectively owns everything within the property walls on a long lease and will have easements for the communal areas. The freeholder is commonly a third party collecting a peppercorn rent, a ground rent, or each leaseholder will have a share of the freehold.

Building regulations must have formally signed-off any alterations. Many listed buildings are not permitted for external changes under permitted development rights. Over time, the flats within the building will have been sold-off and may be owned by several landlords and investors. If the flats were converted a long time ago, they may not comply to modern building regulations, for example, the nationally described space standard and communal area regulations; a grey area lies as to who is responsible for these communal areas, so are often left unchecked, as they are effectively too small for a block management company to oversee.

Is there a weak link in the health and safety of converted flats on smaller buildings?

Converted flats can have several fire hazards which must be addressed:

· Fire Risk Assessments to all communal areas – There must be regular, up-to-date Fire Risk Assessments. These must be conducted by a competent professional who identifies any weak areas that can be improved.

· Fire doors – Fire doors between flats and escape routes are required, but they may have been removed or left propped open. The fire doors should have fully operational self-closures, thumb-locks, fire door stops, FD 30 / 60 related, Ironmongery, Spyhole, Intumescent fire, and smoke seals.

· Fire resistance – The main staircase should provide at least 30 minutes of fire resistance, but existing flats may have 60 minutes.

· Combustible materials – Older buildings may have combustible insulation materials, which were banned by the government in 2018, so may need an assessment if there is no External Wall System Fire Review (EWS1) form for the property.

. Safe storage of bins – There should be adequate space outdoors to store refuse and recycling bins. The correct bins should be used for their intended purpose.

. Escape routes with emergency lighting – There needs to be a communal means of escape. Escape routes should be clear of any hazards and inspected regularly. Emergency lighting should be in place to light up escape routes. Storing combustible materials, prams, bicycles, or mobility scooters in communal areas is a major hazard.

· Fire detection and warning systems – A hard-wired interlinking smoke alarm system should be installed on every floor and tested monthly.

· Carbon monoxide alarms – Carbon monoxide alarms should be installed in rooms with solid fuel-burning appliances within the self-contained flats.

· Safety signage – There should be fire escape signs on display in the communal area to help residents in emergency situations.

· Electrical safety testing – Overloaded sockets are a common cause of fire, and communal electrical safety testing must be regularly conducted.

· No smoking policy – Fires can start if cigarettes are not extinguished property, or if butts are thrown from a window and fall or blow through a neighbour’s window, therefore, no smoking policies should be introduced.

· Cooking – Chip pans and frying pans can be dangerous if the hob is left on.

· Candles – Candles left unattended can be a fire hazard.

What can be done to address the health and safety issues of communal areas in small house conversions?

Instruct a company to undertake a Fire Risk Assessment and undertake any recommended works.

What else should be considered with converted flats?

As well as fire hazards, the law recognises that some homes can affect our health and wellbeing. Are the living conditions acceptable?

· Location – Is the area accommodating? Many conversions are on busy roads, with little or no parking. Traffic noise, including rush hour can have a significant impact on living conditions. Are there shops, schools, parks, or pubs nearby? Is there community and is it in a safe area?

· View the property – Do not trust photographs. Look at the floor space that will be yours, and the condition of the entire building and the surrounding areas. If it is a studio flat, can you cope with your bed and your kitchen being in the same space? Check out the internal soundproofing too – it is often not to the standard of purpose-built flats.

· Conversion quality – any work to convert the house into habitable flats must be of a good standard which complies with current legislation, as there is a high chance that any historical works may not have been undertaken through building standards.

· Maintenance – does the property need much maintenance? Older buildings that are deteriorating will be both costly and time consuming to put right, depending on the extent of the issues.

So, these are the issues demonstrating areas for concern with current legislations but, to summarise, what steps should be taken?

Steps to be taken should include:

• Leaving communal areas unchecked means nothing will ever be done about them, so a professional company would need to be instructed to undertake routine Fire Risk Assessments and conduct any recommended works.
• Ensuring fire alarms interlink throughout the entire building.
• Introducing a no smoking policy – not only for fire hazards, but for the wellbeing of others living in the building.
• Ensuring clear, adequate safety signage is in place.
• Ensuring communal areas are clean and free of clutter and hazards. This will also improve the living conditions and wellbeing for all residents.

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