Fire Safety Certs for new build apartments

Jager Man

I'm at contracts stage with a new apartment development and our solicitor has asked for a copy of the fire safety cert. The builders solicitors are stating the fire safety cert hasn't issued yet and if there are issues the eventual fire safety cert the builders will have to fix any conditions that it issues with. Our solicitor is saying it should have issued a long time ago and the implication is that if there are conditions with the fire safety cert we will be liable for any building upgrades/changes to make the building fire safety certified.

Has anybody ran into a similar situation in a new building?

Specifically the builders solicitor said:"Fire Safety Certificates often issue subject to conditions, which our Client will have to comply with to satisfy its BCAR obligations so your proposal that the contracts are returned subject to an unconditional Fire Safety Certificate issuing is not acceptable."

Gumbo

Jager Man wrote: »

I'm at contracts stage with a new apartment development and our solicitor has asked for a copy of the fire safety cert. The builders solicitors are stating the fire safety cert hasn't issued yet and if there are issues the eventual fire safety cert the builders will have to fix any conditions that it issues with. Our solicitor is saying it should have issued a long time ago and the implication is that if there are conditions with the fire safety cert we will be liable for any building upgrades/changes to make the building fire safety certified.

Has anybody ran into a similar situation in a new building?

Specifically the builders solicitor said:"Fire Safety Certificates often issue subject to conditions, which our Client will have to comply with to satisfy its BCAR obligations so your proposal that the contracts are returned subject to an unconditional Fire Safety Certificate issuing is not acceptable."

Its possible they lodged a 7 day notice, which allows them to start on site and lodge a Fire cert at the same time, thus building without a Fire Cert in place. But, the developer gives up his right to appeal, so basically, when the Fire Service get around to deciding on the works, they can request changes and the developer cannot appeal these changes, he just has to do them.

Its also possible that the granted Fire Cert has had some alterations so the Developer has to apply for a Regularisation Fire Cert on completion. Its worth noting that there is also a DAC (Disability Access Certificate) required for the development, so your solicitor should request this also.

Also, your solicitor cannot close with a Completion Certificate on the Register, and this cannot be in place without a FSC.

Jager Man

Yes we have the disability access cert (although it's not signed?).

So from your experience is it's ok to sign contracts on a new apartment block without having seen the fire safety certs?

Gumbo

Jager Man wrote: »

Yes we have the disability access cert (although it's not signed?).

So from your experience is it's ok to sign contracts on a new apartment block without having seen the fire safety certs?

Nope, I'd hold off until the FSC can be furnished, and in particular, the Certificate of Compliance indicating that the building was constructed in accordance with the granted FSC.