Asbestos Survey obligations in 1999

[NHMC]

Our apartments were converted in c1999/2000. The building is c200 years old and our recent Fire Risk Assessment on the communal areas states that we should have an Asbestos Survey.

Question 1: Given the dates of conversion, was the developer (who happens still to be the landlord) obliged to have a survey done.

Question 2: If it was mandatory (rather than recommended) then but wasn't carried out, what recourse do we have?

[NHMC]

Our apartments are in a c200 year old building converted c12 years ago. Our recent (first) FRA indicates various shortcomings that need to be remedied e.g.
- fire doors don't seal off a gas boiler room;
- the wooden framework on this and other doors has gaps that would allow smoke to permeate;
- there are no fire alarms in the communal cellar

Do we have any recourse against the developer (who happens still to be the landlord) to have the failings rectified at his expense?

The leases place an obligation on the management company (owned in equal parts by the apartment owners) for maintenance. About 7 years ago the then owners signed off a snag list - but this was obviously in ignorance of any FRA report

[Moderator2]

Two related threads have been merged.

[Bel]

Our apartments were converted in c1999/2000. The building is c200 years old and our recent Fire Risk Assessment on the communal areas states that we should have an Asbestos Survey.

Question 1: Given the dates of conversion, was the developer (who happens still to be the landlord) obliged to have a survey done.

Question 2: If it was mandatory (rather than recommended) then but wasn't carried out, what recourse do we have?

http://www.hse.gov.uk/asbestos/managing/index.htm

The freeholder needs to have a survey done now and to maintain an asbestos register. He can reclaim the cost from the leaseholders.

There was not a requirement to do this in 2000

[NHMC]

http://www.hse.gov.uk/asbestos/managing/index.htm

The freeholder needs to have a survey done now and to maintain an asbestos register. He can reclaim the cost from the leaseholders.

There was not a requirement to do this in 2000

Although the two threads were merged they do relate to two different issues. The first is regarding the asbestos survey and whether one should hav been carried out in c2000; the second relatss to other remedial work identified by the FRA. What is the situation re. this latter set of issues? Do the leaseholders have any recourse against the developer/landlord?

[Bel]

Our apartments are in a c200 year old building converted c12 years ago. Our recent (first) FRA indicates various shortcomings that need to be remedied e.g.
- fire doors don't seal off a gas boiler room;
- the wooden framework on this and other doors has gaps that would allow smoke to permeate;
- there are no fire alarms in the communal cellar

Do we have any recourse against the developer (who happens still to be the landlord) to have the failings rectified at his expense?

The leases place an obligation on the management company (owned in equal parts by the apartment owners) for maintenance. About 7 years ago the then owners signed off a snag list - but this was obviously in ignorance of any FRA report

I think part of this question might get better attention in the LEASEHOLDERS forum

Please note fire risk assessments in residential communal areas have only been required since October 1st 2006.

My comment is that fire precautions will never ever remain pristine from when they were installed. The FRA should identify how often the precautions need to be inspected on an on going basis. A yearly review of the condition of fire precautions would be a minimum; eg checking the smoke seals of fire doors etc. The FRA itself should be reassessed whenever there is a change in circumstances such as occupancy or development work, or after a fire incident. Any smoke detection system should also be serviced and parts such as detectors replaced according to manufacturerers instructions.....my point is fire safety is an ongoing process which must be paid for.

You could present your FRA to the freeholder and ask him to make good faults as a gesture of goodwill; I think you would find it hard to press the freeholder by law into making good or to the correct current standard at the time, simply because it is in excess of 6 years limitation. Like I said; leaseholder forum may yield better advice.

You could always speak to your local fire department about what the FRA points out and see if they agree with it. Different assessors have different opinions.

You could speak to building control to check it was properly signed off at the time and what the safety standards should have been at the time.

[Bel]

http://www.hse.gov.uk/asbestos/managing/index.htm

The freeholder needs to have a survey done now and to maintain an asbestos register. He can reclaim the cost from the leaseholders.

There was not a requirement to do this in 2000

Please substitute " the responsible person" for the freeholder. The responsible person may be the property management or the freeholder