Requirement for fire safety certificate when buying?

jubi lee

Hi guys,
Anyone know whether it is a legal requirment fro a seller to provide a fire safety compliance certificate when selling an apartment?

I believe a developer must have this in place and approved by the relevant authorities before building commenses but that this is for the block of apartments rather than each individual apartment.

is this the case?

How Strange

not that I have ever heard. You may ask the managing agents for a letter of indemnity or a copy of the insurance. The management co would not get block insurance if the building wasn't compliant. Also, compliance is relative to the date of construction i.e. a block built in 1988 is subject to far less stringent regs that new builds.

The developer has to comply with fire reg guidelines but that is a separate matter to an individual owner selling their home.

jubi lee

yeah we already have provided the letter of indemnity etc to the purchasers solicitor.. but the purchasers solicitor is demanding the fire safety certificate.. which we can't provide...

How Strange

Then AFAIK he is just playing hard ball. They like to do that sometimes just to make themselves feel important. The letter of indemnity is the only legal document you need when selling the property as it is proof that at X date the block is insured against fire etc.

You, as private owners, wouldn't have the fire certificate. I dont know who would but direct him to the managing agents.

jubi lee

Thanks how strange... i was getting worried there!

juke

Art 11 & 12 of the Building Control Regulations 1997 apply. Since 1/8/1992 a fire safety certificate must be applied for certian types of developments - including apartments.

A fire safety certificate would normally issue from the local planning authority for each individual block only -i've never sen one for an individual apartment.

When the apartment was first sold the estate architect/engineer would have furnished a certificate of compliance with building regulations - this would state whether a fire safety certificate was required. If it says none was required, the purchaser's solicitor is wrong to look for one.

However, if it refers to one, you should have got a copy of the fire saferty certificate for the block when you bought.

jubi lee

so hold on, is it usual or is it not???

I was the first purchaser of the apt and did not get a fire compliance certificate.

The apartment has internal fire doors on chains , smoke alarms hooked into the block main system etc.


why would the developers, developers solicitors, fire officer and architect and my solicitor say it isn't a legal requiremnt?

juke

jubi lee

maybe the question you should be asking is why didn't your solicitor get a copy when you bought - again, if it's referred to in the certificate of compliance - it's standard to get a copy - i wouldn't buy without:(

How Strange

AFAIK, this is not something that is given out to apt owners. It refers to the common areas (fire doors etc) and to the building fabric.

Look through your legal pack but I don't think you'd have a copy. It could be that the solicitor is being pedantic and in doing so is talking through his a*se.

As I said, the building couldn't be insured if it wasn't compliant. An insurance co wouldn't touch it. And the market is competitive enough for insurance co's to refuse to insure properties.

bernard0368

A fire certificate is usually issued at the planning stage. I would be very suprised if the management company would have a copy. The local council will have arecord of same on there files. There is also a certificate that is issued by the service company who looks after the fire alarms and extinguishers. Which a solicitor will ask for to ensure that the building is been properly maintained. If this is the case your management company should have same.

civdef

Late reply, just saw this. The apartment building needs a fire safety certificate pre-construction, individual apartments don't.

The original developer would have it, if you're very stuck for it (and you shouldn't need it by the sounds of things), give your local building control or fire prevention department a call.