Fire: Responsibilities, obligations, risks and liabilities
Abstract
This paper seeks to draw attention to some of the basic, but sometimes less well understood, aspects that underpin fire safety and its management within buildings. It explores the issue of fire safety and how it should be ‘designed into’ all buildings at the outset of ‘concept’ design through detailed design and building, whether an initial development or a refurbishment of an existing property. The paper considers good practice and notes that fire safety can be affected by some not-so-obvious elements of location, design and finishes. It highlights the necessity for accurate and current information in what is now referred to as the ‘golden thread’ and notes some of the relevant points for insurers and valuers. Explanation is provided in regard to some of the statutory duties on persons and the competencies that all those working in this sector should have, noting that behaviours in application of knowledge and activity are as important as the knowledge and simple execution of the task. Reference is also made to some of the contractual issues presented to the landlord and tenant in regard to some leases and other tenure arrangements, and the need for detailed inventories is identified. The paper further considers some of the most important matters relating to management of fire safety in occupation and explains the differences between the four common ‘types’ of fire risk assessment used.
The full article is available to subscribers to the journal.
Author's Biography
Anthony Taylor is the director of group health and safety for Avison Young, an international real estate consultancy with its head office in the City of London and regional offices across the UK. Anthony has 30 years’ health and safety and operational risk management experience in a wide range of industry sectors including real estate, construction, insurance, local authority, leisure and for a global tour operator. Anthony currently chairs the RICS Health and Safety Advisory Board and is a past chair of the Managing Agents Property H&S Forum. He has also had the privilege to be asked to chair the Industry Response Group’s Working Group 8, in regard to the new building safety manager role proposed by Dame Judith Hackitt subsequent to the tragedy at Grenfell Tower.
Mike Appleby is a leading health, safety and environment lawyer. He is ranked by the independent legal directories Chambers and Partners (2020) as a star individual in Health and Safety, and Legal 500 (2020) as a leading individual in Health and Safety. Michael has over 20 years’ experience of defending directors, individuals and companies (both national and international) facing investigation/prosecution for health and safety, environmental and manslaughter/corporate manslaughter offences. He is the co-author of HSE and Environment Agency Prosecution: The New Climate (Bloomsbury Professional, 2019). Michael is a member of the RICS Health and Safety Advisory Board.
Citation
Taylor, Anthony and Appleby, Mike (2020, March 1). Fire: Responsibilities, obligations, risks and liabilities. In the Journal of Building Survey, Appraisal & Valuation, Volume 8, Issue 4. https://doi.org/10.69554/FHUX7947.
Publications LLP