The RSH’s findings on fire safety in social housing
4 December 2023
The Regulator of Social Housing (RSH) recently published a crucial report on fire safety remediation in English social housing, particularly focusing on buildings over 11 metres tall.
The report has significant implications for social landlords, including housing associations and local authorities.
Understanding the RSH report
In recent months, fire risk assessments have been conducted on 98% of all reported buildings.
A large majority of social landlords of reported buildings have plans in place to address life-critical fire safety defects in their relevant buildings.
The data suggests that remediation work for buildings between 11-18 metres and those over 18 metres is well underway, with completion expected within the next five years.
This is generally good news for tenants and landlords alike and demonstrates a proactive approach from building owners.
Legal obligations for boards and councils
The report underscored the legal duty of boards and councillors in understanding and fulfilling landlords’ obligations regarding building safety.
This understanding is not merely a formality but a crucial part of their governance role.
Failure to comply with these obligations could lead to severe legal consequences.
Regulatory compliance for landlords
Landlords must comply with various regulations, such as the Housing Act 2004, which includes the Housing Health and Safety Rating System (HHSRS), and the Regulatory Reform (Fire Safety) Order 2005.
These laws mandate regular risk assessments and the implementation of necessary safety measures.
Fundamentally, the Acts state that landlords are accountable for ensuring the safety of their tenants.
This responsibility includes regular fire safety assessments, appropriate maintenance, and prompt action on any identified risks.
Protective measures for landlords
If you are a landlord there are some steps you can take to ensure you are protected from the consequences of non-compliance.
- Regular assessments: conduct thorough and regular fire risk assessments to identify any potential hazards.
- Action plan: develop a comprehensive plan to address identified risks, focusing on life-critical fire safety defects.
- Maintenance and remediation: ensure timely maintenance and remediation of buildings, especially those with identified fire safety issues.
- Documentation: maintain detailed records of all assessments, remedial works, and safety measures taken. This documentation can be crucial in demonstrating compliance.
- Training and awareness: provide training to staff and tenants about fire safety measures and procedures and stay up to date with changes in regulation.
- Engage with RSH: actively engage with RSH, especially if your organisation is identified as an outlier in fire safety measures.
- Professional advice: seek regular legal advice from a solicitor to stay updated on evolving fire safety regulations and ensure compliance.
The RSH’s report is a clarion call for social landlords to rigorously adhere to their legal obligations concerning fire safety.
This is over and above their moral obligation to ensure the safety of their tenants – which should always remain a priority.
By implementing stringent safety measures and staying informed about legal requirements, landlords can significantly mitigate risks and protect themselves from potential legal repercussions.
If you are worried about your fire safety obligations, please get in touch with one of our solicitors.
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Neda Badri
Sectors
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at December 2023.