Retroactive fire safety compliance for apartment in shared block

Dr Bolouswki

Hello all

I converted my apartment from 2 bed to 1 bed as per the attached drawings. I am on the first floor of 5 story apartment block with 60 units.

All that was removed was two empty stud walls (they had no insulation in them) so basically chalkboard panels and the aluminum frame holding them up.

This allowed me to reclaim hallway space as living space, and the second bedroom as living space. The fire door between the original living space and the hallway was just moved to where the "new" hallway ended. (see before and after drawings).

All of this was done by the original builders soon after I moved in. The management company at the time said "no problem as there are no material changes".

These builders are now out of business and the original management company are gone about 5 years now.

I am now trying to sell the apartment. The buying solicitors want a letter confirming that my modified apartment is covered by the fire safety certificate of the building.

I never received anything like this at the time of the conversion. The builders no longer exist. The current management company say it is nothing to do with them that I need to source it independently. I have asked them to check the records handed over to them but they did not seem to think there would be anything there or that it was their responsibility.

1. How do I get proof that my modified apartment is compliant with the fire safety certificate issued for the entire building?
2. If this was not done by the builders when it was modified, how do I get it now?

Really appreciate any help.

Gumbo

Fire cert for the changes.

material alteration in a building contains flats.

travel distance has increased through the living room which. Ya now breach the fire cert as originally granted depending on the strategy used.

will cost some money and take some time.

engage a competent engineer or fire consultant to prepare new fire cert for the alterations within you dwelling.

Dr Bolouswki

Thanks so much for reply. Have you any experience of potential cost? Even a rough bracket?

Gumbo

https://www.boards.ie/discussion/comment/118723611#Comment_118723611

€5k maybe for the application process.

Mellor

https://www.boards.ie/discussion/2058235452/retroactive-fire-safety-compliance-for-apartment-in-shared-block

You'd get a professional opinion from a fire engineer. You are not obliged to provide this imo. You can tell the buyer's solicitor that you will facilitate but they will have to engage and pay the engineer. They can of course just piss off.

https://www.boards.ie/discussion/comment/118723528#Comment_118723528

Don't agree with this. It's not a material alteration imo - based on limited info above.

Also travel distance hasn't increased. Not sure why you think it has, the distances are actually marginally shorter for most of the habitable space.

Also cert fire is typically based on maximum travel distance. Not every individual distance. So even it there was a slight increase, it would be a non-compliance unless the limit was breached. Other certs would be invalid when the furniture was rearranged.

Dr Bolouswki

Cheers for that @Mellor

I agree on distances but appreciate all the feedback. Originally, the opinion was "no material changes" too - I mean, back when I got the work done. The proposal has been submitted anyways as is to the buying entity and apparently they are now assessing if they want to pay for the report.

I'll update once I know as it might help others with a similar query.

Gumbo

https://www.boards.ie/discussion/comment/118783487#Comment_118783487

Definition of Material Alteration as defined in The Building Control Act is what I’m basing my opinion on.

Part III(b)(ii)

Mellor

https://www.boards.ie/discussion/comment/118784631#Comment_118784631

Part III(b)(ii) say it only applies to a material alteration. It does not state anything about what constitutes a MA.

The definition at the bottom indicated the trigger is “works to which part B” applies. I can see why it seems like that would apply. But it’s a cyclic reference. Part B would only apply, if it was not in accordance with the fire cert. You can’t say that is a reason in itself why it’s not in accordance.

Gumbo

https://www.boards.ie/discussion/comment/118786696#Comment_118786696

He made alterations to the fire rated walls within the apartment. The alteration to the protected entrance hall and the reconfiguration of the apartment which in itself is in a building containing flats is a MA in my opinion.