In this edition of Flat-Living magazine, the focus is on Legal updates. The most pertinent of these, from the perspective of lift ‘Owners and Operators’ as defined within the LOLER regulations, is refurbishment of lifts within ‘high risk’ buildings.
Is your building deemed high-risk for refurbishment?
When planning major works on your residential building, understanding the Building Safety Act (BSA) 2022 is key. The Act introduces the concept of ‘higher-risk buildings’ which require stricter fire safety measures during construction work.
Higher-risk buildings
According to the government’s guidance https://www.gov.uk/government/collections/guidance-on-the-criteria-for-being-a-higher-risk-building, an existing building undergoing major work is considered higher-risk if it meets two criteria:
- Use: It contains at least two residential units, is a care home, or a hospital.
- Height or storeys: It’s at least 18 metres tall or has at least seven storeys.
The second element of this is particularly crucial due to the provision of Firefighting Lifts being required when the highest inhabited floor of the property is greater than 18m above the fire access floor, (typically Ground floor). Firefighting Lifts have been a mandatory requirement in buildings constructed or converted after 2001, (the latest regulations being EN81-72: 2020), buildings constructed prior to this date generally have Fireman’s Lifts installed, (these units are not used by the fire service to tackle blazes or for evacuation purposes).
The Building Safety Regulator (BSR) and the Golden Thread
The BSR is a new entity established by the BSA. They oversee fire safety regulations for all buildings, including those undergoing refurbishment. They’re also responsible for the Golden Thread.
The Golden Thread is a digital record of a building’s fire safety information throughout its lifecycle, this includes design, construction, refurbishment, and maintenance details, essentially, it’s a building’s fire safety biography.
The lifts within a property and their potential duty, (i.e. Fireman’s or Firefighting), within the fire strategy should be recorded within the records of each property and local authorities, (such as the Fire Officer), should be aware of the equipment available for the fire service within a specific building.
Further guidance can be found from the Building Safety Regulator https://www.gov.uk/guidance/the-building-safety-act.
The Accountable Person and their duties
The BSA places a new duty on the ‘Accountable Person’ to ensure fire safety in higher-risk buildings. This person is typically the building owner or manager. Their duties include:
- Appointing a competent person to oversee fire safety during construction work
- Putting together a fire safety strategy
- Maintaining the Golden Thread and keeping it up to date
Fire safety and refurbishment
If you’re planning major works on your building, particularly a higher-risk building, it’s crucial to understand your fire safety obligations. Consulting a fire safety professional at an early stage is recommended to ensure your project complies with the BSA and keeps your residents safe.
A key area within this is the firefighting equipment, (from our perspective the lift), and whether this is suitable for the role it is identified for.
Within Ardent Lift Consultancy’s ongoing project portfolio, we have several Firefighting Lift replacement/refurbishment programmes going on, where fire critical equipment has either exceeded its design life, or failed completely, requiring investment and works to reinstate for long term operation purposes. When works of this nature is undertaken, the BSR needs to be informed of the planned lift outage, the building owners/managers will need to inform the local fire officers and alternative means of fire protection should be engaged to make up for the loss of lift service during the planned works.
We are always happy to offer support on these types of schemes, aiding our client’s though these changes in regulatory requirements, and ensuring projects are conducted safely and with full compliancy.
As independent lift consultants, ARDENT Lift Consultancy recognise the importance of offering unbiased and accurate advice to our clients. This has developed mutual respect between our team of lift consultants and those we work with. Whether working with architects looking to build practicality into their vision, or a property manager with time constraints seeking immediate solutions, we totally understand individual client requirements and provide timely, well considered and accurate advice.
