Priory Hall Type Situation

Procrastastudy

Not exactly the same but suppose for the sake of argument:

An apartment complex completed in 1993 does not conform with Building Regulations that came into force in 1992 specifically in relation to fire safety.

Who would be liable to pay for the necessary remedial work?

Assuming the funds were not available and the complex evacuated what would be the position of the owners:

Would they be able to claim under any sort of insurance?
Should a structural survey highlighted these problems? If so would the purchaser (now owner) have a claim against the surveyors for negligence? Would the claim be statute barred or would 'date of knowledge' rules apply?

Thanks in advance for your thoughts - This isn't homework btw!

NoQuarter

Who would pay for the work?

Fire Services Act, 1981 says:

s.18 - "It shall be the duty of every person having control over premises to which this section applies to take all reasonable measures to guard against the outbreak of fire on such premises, and to ensure as far as is reasonably practicable the safety of persons on the premises in the event of an outbreak of fire"

So I would say that is the answer to that.


Not sure about the insurance question but I would imagine there would be an argument in negligence or perhaps contract in that the premises would not be up to a certain standard.

You dont say when the fire would have occured but date of knowledge always applies, just be sure to consider constructive knowledge too. More facts would be needed for most questions.

Procrastastudy

Sorry in this scenario its a resident that has concerns rather than a fire that has occurred.

Corkblowin

You'd need to look at the transitional arrangements for the regulations. The more recent editions allow older versions to be used where planning permission had been applied for prior to the regulations coming into effect. They could legally be in the clear, if not morally.

Nate--IRL--

Building and Fire regulations to be complied with are those in effect when planning permission has been granted - not when the building was completed.

Nate

Procrastastudy

Should a Chartered Engineer and Chartered Safety and Health practitioner be aware of that or would it be something they would need to secure legal advice on?

Nate--IRL--

They might not directly be aware of that - but a fire safety consultant should be aware of it.

Nate

Corkblowin

I'd always check to see what regs I'm supposed to be assessing the building against, but they may not have had access to the permission documents or whatever.

Nate--IRL-- wrote: »

Building and Fire regulations to be complied with are those in effect when planning permission has been granted - not when the building was completed.

Nate

The current Part B transitional arrangements referred to the date permission was applied for, not granted.