Associated Law

  • The Health and Safety at Work Act 1974.

    This places a general duty on employers to provide a safe place of work for their employees and visitors to their premises. The Regulatory Reform Fire Safety Order does not apply to building construction sites during construction operations. This is controlled by the Health and Safety Executive under the Construction Design and Management Regulations.

    The Work Place (Health, Safety and Welfare) Regulations 1992.

    These regulations impose a variety of specific duties on employers regarding the general safety and welfare of their employees which includes matters related to fire safety.

    The Housing Act 2004.

    This gives the local authority the power to prosecute and/or serve enforcement notices if in their opinion, there is a defect with some element of the property that will pose a significant threat to the health and safety of the occupants. This includes matters of fire safety. Under the Housing Health and Safety Rating System, property owners are obliged to carry out a general risk assessment of their premises, which includes the risks from fire. This applies in particular to properties put to use as a House in Multiple Occupation. Certain premises require a license to be put to uses as a multiple occupied building. The local authority will only issue a license if, after consulting the Fire Authority, they are satisfied with the level of fire safety provisions in the building. They would normally require a set of building plans which show the fire safety measures in the building to accompany any application for a license. We can provide these for you.

    The Building Act 1984 and The Building Regulations 2010.

    New, extended and alterations to buildings must comply with the relevant requirements of schedule 1 to the Approved Documents of the Building Regulations. Under Approved document B (Fire Safety), these requirements include the means of escape from fire and a variety to associated measures such as fire containment and access and facilities for fire fighters. Certain alterations to buildings fall within the meaning of work controlled by Building Regulations and an application for building regulation approval would need to be sought before commencing any such works. This includes, amongst other things, structural alterations and any work which would at any stage adversely effect a fire safety or disability provision.

    The Licensing Act 2003.

    Any person that wishes sell alcohol to the public or provide any form licensed entertainment must make an application for a license to the local authority. This act gives powers to the local authorities to attach conditions to licenses as they see reasonably fit in the interests of public health and safety. The local authority will only issue a license if, after consulting the Fire Authority, they are satisfied with the level of fire safety provisions in the building. They require a set of building plans which show the fire safety measures in the building to accompany any application for a license.

    The Dangerous Substances and Explosive Atmosphere Regulations 2002.

    This legislation requires a specific assessment of the risks relating to the above to be carried out. This would include for example the safe storage of flammable gases, flammable liquids, petroleum spirit and sometimes dust.

    The Disability Discriminations Act 1995

    Since December 1996 The Act provides scope to make it unlawful for a service provider to refuse to serve a disabled person, offer a lower level of service or provide a service on worse terms to a disabled person for reasons related to their disability. From October 2004, service providers are required to make reasonable adjustments in relation to the physical features of their premises to overcome any physical barriers to access and facilities. For the purpose of the Act, the term service includes goods and facilities. However, the Act does permit discrimination if it can be justified out of legitimate concern for the safety of that disabled person or others. The Act does not override any other associated legislation such as Planning Permission.

    The Occupiers Liability Act 1996.

    An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that each person entering on the premises and their property brought on the premises by that person are reasonably safe while on the premises. Where under a lease of premises a landlord is responsible for the maintenance or repair of the premises, the landlord owes the same duty to each person entering on the premises as is owed by the occupier of the premises.

    The Human Rights Act 1998.

    This impacts on all legislation and imposes a duty on Public Bodies not to interfere with Convention Rights, unless they have a clear legal basis prescribed by law for doing so. These Rights include the private lives of the individual, companies and their property. Under this Act, any such interference by a Public Body must be necessary, proportionate and only for the specific reasons stated in the Act. It is un lawful for a Public Body to act or even threaten to act in a way that is incompatible with a Convention Right. Any person or organization that feels that a Public Body has unlawfully interfered with their Rights is entitled to make a legal claim for damages against that Public Body. Public Bodies include all Government establishments such as Local Authorities, Fire Authorities, The Health and Safety Executive, the NHS, the Armed Forces and other Government Agencies.

    Common Law Strict Liability

    The concept of strict liability derived from a case known as Ryland and Fletcher in the early part of the 19th century when water escaped from land and flooded a mine shaft. What it means in relation to fire, is that if damage occurs to other property due to an escape of fire from your building you are liable for that damage no mater what measures you have in place to reduce those risks.
  • This places a general duty on employers to provide a safe place of work for their employees and visitors to their premises. The Regulatory Reform Fire Safety Order does not apply to building construction sites during construction operations. This is controlled by the Health and Safety Executive under the Construction Design and Management Regulations.
  • These regulations impose a variety of specific duties on employers regarding the general safety and welfare of their employees which includes matters related to fire safety.
  • This gives the local authority the power to prosecute and/or serve enforcement notices if in their opinion, there is a defect with some element of the property that will pose a significant threat to the health and safety of the occupants. This includes matters of fire safety. Under the Housing Health and Safety Rating System, property owners are obliged to carry out a general risk assessment of their premises, which includes the risks from fire. This applies in particular to properties put to use as a House in Multiple Occupation. Certain premises require a license to be put to uses as a multiple occupied building. The local authority will only issue a license if, after consulting the Fire Authority, they are satisfied with the level of fire safety provisions in the building. They would normally require a set of building plans which show the fire safety measures in the building to accompany any application for a license.
  • New, extended and alterations to buildings must comply with the relevant requirements of schedule 1 to the Approved Documents of the Building Regulations. Under Approved document B (Fire Safety), these requirements include the means of escape from fire and a variety to associated measures such as fire containment and access and facilities for fire fighters. Certain alterations to buildings fall within the meaning of work controlled by Building Regulations and an application for building regulation approval would need to be sought before commencing any such works. This includes, amongst other things, structural alterations and any work which would at any stage adversely effect a fire safety or disability provision.
  • Any person that wishes sell alcohol to the public or provide any form licensed entertainment must make an application for a license to the local authority. This act gives powers to the local authorities to attach conditions to licenses as they see reasonably fit in the interests of public health and safety. The local authority will only issue a license if, after consulting the Fire Authority, they are satisfied with the level of fire safety provisions in the building. They require a set of building plans which show the fire safety measures in the building to accompany any application for a license.
  • This legislation requires a specific assessment of the risks relating to the above to be carried out. This would include for example the safe storage of flammable gases, flammable liquids, petroleum spirit and sometimes dust.
  • Since December 1996 The Act provides scope to make it unlawful for a service provider to refuse to serve a disabled person, offer a lower level of service or provide a service on worse terms to a disabled person for reasons related to their disability. From October 2004, service providers are required to make reasonable adjustments in relation to the physical features of their premises to overcome any physical barriers to access and facilities. For the purpose of the Act, the term service includes goods and facilities. However, the Act does permit discrimination if it can be justified out of legitimate concern for the safety of that disabled person or others. The Act does not override any other associated legislation such as Planning Permission.
  • An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that each person entering on the premises and their property brought on the premises by that person are reasonably safe while on the premises. Where under a lease of premises a landlord is responsible for the maintenance or repair of the premises, the landlord owes the same duty to each person entering on the premises as is owed by the occupier of the premises.
  • This impacts on all legislation and imposes a duty on Public Bodies not to interfere with Convention Rights, unless they have a clear legal basis prescribed by law for doing so. These Rights include the private lives of the individual, companies and their property. Under this Act, any such interference by a Public Body must be necessary, proportionate and only for the specific reasons stated in the Act. It is un lawful for a Public Body to act or even threaten to act in a way that is incompatible with a Convention Right. Any person or organization that feels that a Public Body has unlawfully interfered with their Rights is entitled to make a legal claim for damages against that Public Body. Public Bodies include all Government establishments such as Local Authorities, Fire Authorities, The Health and Safety Executive, the NHS, the Armed Forces and other Government Agencies.
  • The concept of strict liability derived from a case known as Ryland and Fletcher in the early part of the 19th century when water escaped from land and flooded a mine shaft. What it means in relation to fire, is that if damage occurs to other property due to an escape of fire from your building you are liable for that damage no mater what measures you have in place to reduce those risks