• Identify the property type involved.  This is based on 4 main categories namely:

(a) single houses

(b) flats

(c) bedsits, hostels, (and other non-self contained accommodation)  - these are traditional houses in multiple occupation (HMOs)  

(d) shared houses (e.g. occupied by a group of students etc). 

• Within each main Category there are different situations according to the nature of the accommodation/its use and whether you are dealing with the shared/common parts or, alternatively with the living accommodation (i.e. the non shared accommodation).
• When you are looking at flats, bedsits etc you need to consider the geography/layout of the property and separate out the property into shared and non shared/individual parts.  The diagrams in the How does the Table work? section show examples of which part of a property is common/shared parts and which is living accommodation (i.e. separate/non shared accommodation).  When we talk about flats we mean self contained flats.

[Collapse]

There are five different legislative provisions which can apply depending on the type of property involved.  Which are the various items of legislation which may apply?

(a) the Fire Safety Part of the Building Regulations (only applicable if building work is carried out)  - this is known as Part B.

(b) the Fire Safety section of the Housing Health & Safety Rating System (“HHSRS”)- which applies to residential accommodation of all types. See the Housing Health and Safety Rating System Operating Guidance at www.communities.gov.uk/index.asp?id=1161785.

(c) the Fire Safety Order which applies to common parts (i.e. the shared accommodation) of certain types of sleeping accommodation e.g. in bedsits and flats of all kinds.  There is a separate Government guidance dealing with sleeping accommodation.

(d) the HMO Fire Safety Management Regulations which contain Fire Safety Provisions for Houses in Multiple Occupation (HMOs) and

(e) HMO Licensing Fire Safety Conditions which set out fire safety requirements for those HMOs which require a Mandatory HMO licence (properties with five or more occupants and consisting of three or more storeys) or which are subject to Additional HMO licensing.  Currently there are no areas in the Country where additional licensing applies so this can be ignored at present.

[Collapse]

The way in which each piece of legislation applies is explained if you look at the appropriate property type in the left hand column. The colour coding on the diagrams will help with flats and bedsits etc. as it relates the different parts of the property to the relevant entries in this column.

In the Table where particular legislation applies there is a tick - √ under the relevant column reading along the top of the table. If particular legislation does not apply there is a cross – X in the relevant column.    Where applicable for flats and bedsits etc the Table separates out individual living units of accommodation in a property distinguishing them from the shared/common parts.  You do not have to make this distinction between individual living accommodation and shared parts when you are dealing with single properties or shared houses.

Can you explain in more detail how the Table works for flats/bedsits etc?

• Where there are self contained flats or bedsits etc to get the full picture as to how the building overall is dealt with under fire safety legislation you need to look at both the position relating to the common parts in the building and the individual living accommodation under the appropriate category in  the column on the left hand side of the Table. 

For example, if you are dealing with flats you need to look in all cases at the shared/common parts and then depending on whether the flat is in individual family occupation a shared flat which is an HMO or a cluster flat which is also an HMO, then you look at the appropriate category, again in the left hand column.  To help you in this the illustrative diagrams show the shared/common parts and the living accommodation  are colour coded with different background shades which then link into the shading in the Table.

• Once you have looked at both categories for both flats and bedsits etc by combining the results together you are able to get the overall picture in terms of the different areas within the building as a whole.
• So far as individual self contained flats are concerned it does make a difference whether the flat is only occupied by a single family or no more than two unrelated individuals.  In this situation it is described as an individual family flat.  If it is not occupied by a single household but is occupied as an HMO by unrelated individuals living as a group (3 or more in number) then it is described as a shared flat in the Table.  Where the flat is lived in by individuals who are not a group (e.g. because each has a separate tenancy) then the flat is described as a cluster flat.
• Where we explain what items of fire safety legislation apply to individual family flats shared flats or cluster flats or in individual bedsits we are talking only about the position inside the flat or inside the individual bedsit or other living accommodation (i.e. within its 4 walls).  Additionally you need to look to see what applies to the common parts within the building but outside the flat/bedsit.

Flats where each flat is occupied by a single person/couple or a family (or no more than two unrelated individuals)

A shared flat (occupied as an HMO by a group)

NB: The number of bedrooms is for illustration only.

Cluster Flat occupied by 3 unrelated individuals (occupied as an HMO but on an individual rather than a group basis).

NB: The number of bedrooms is for illustration only

Bedsits

[Collapse]