How often should an HMO fire risk assessment be reviewed?
One of the questions we are asked most often by landlords and managing agents is how frequently the fire risk assessment for a house in multiple occupation needs to be reviewed, and it is usually prompted by a specific claim, which is that an HMO fire risk assessment should carry a fixed validity period of three to four years, with a review every year. It is worth setting out clearly what the position actually is, because this figure is widely repeated yet it is not something that government guidance requires. Drawing on the guidance that fire risk assessors rely on, and on advice from the Fire Protection Association, of which we are a member, this article explains how the review frequency for an HMO should really be decided.
Where the idea of a fixed period comes from
The belief that an HMO fire risk assessment lasts for three to four years, subject to an annual review, circulates widely among landlords and is sometimes attributed to professional bodies. Whatever its origin, there is no government guidance that sets out such a period, and neither of the two pieces of legislation that govern fire safety in HMOs fixes a validity period for the assessment. A fire risk assessment is a living document rather than a certificate that expires on a set date, and treating it as the latter can give a false sense of security.
What the law requires
HMOs sit within two overlapping regimes. The Regulatory Reform (Fire Safety) Order 2005 applies to the common parts and shared areas, while the Housing Act 2004 brings in further duties through HMO licensing and the housing health and safety rating system. The Fire Safety Order requires the responsible person to keep the assessment up to date and to review it where there is reason to believe it is no longer valid, or where there has been a significant change to the premises, but it does not impose a fixed interval. The emphasis throughout is on risk rather than on the calendar.
The key pointThere is no government guidance, and no legal requirement, that fixes an HMO fire risk assessment at three to four years. The review frequency must be decided on the risk presented by each individual property.
What the main guidance says
The document most fire risk assessors turn to for HMOs is the LACoRS guide, Housing – Fire Safety, which is widely regarded as the standard reference. It does not set a specific timeframe for reviewing the assessment. Instead it advises that the assessment and the fire precautions should be reviewed regularly, with no fixed timescale beyond the need to act where there is reason to think the assessment is no longer valid, or where the premises have changed significantly, and it suggests that fire precautions are best kept under more or less constant review, with any problems put right as soon as they come to light. The government guide Fire safety risk assessment: sleeping accommodation offers further advice on reviewing an assessment, and it too stops short of naming a set period. Many fire and rescue services publish their own guidance for HMO landlords as well, which is well worth reading, although they also avoid committing to a specific interval.
So how often should you review?
None of this leaves landlords without a practical answer. As a matter of good practice, a review less frequently than once every twelve months would be difficult to justify for most HMOs, so an annual review is a sensible baseline. The right frequency for any particular property depends on its circumstances, and a number of things should prompt a review sooner, such as a frequent turnover of residents, any fire however minor, alterations to the building or its layout, a change in the way the property is used, or the arrival of a resident who would need help to escape. The assessment should also be revisited whenever anything suggests the existing one no longer reflects the reality of the building.
What this means for portfolio landlords
For landlords with several HMOs, the most important point is that each property must be considered on its own. The risk in one house can be very different from the risk in another, so a single blanket interval applied across an entire portfolio does not work, and the responsible person needs to be able to demonstrate that the frequency chosen for each property is adequate to manage its particular risk and to meet their duties under the Fire Safety Order. A property-by-property approach is also a good deal easier to defend if it is ever called into question, whether by a fire and rescue service or in the aftermath of an incident.
How we can help
We carry out fire risk assessments for HMOs, flats and shared housing across the North West, North Wales and the West Midlands, including landlords and managing agents in Chester, Warrington, Liverpool, Manchester and Wrexham. We are glad to advise on a sensible review schedule for each property, so that your fire risk assessments reflect the risk rather than an arbitrary date.
Unsure how often your HMO needs assessing?
We carry out fire risk assessments for HMOs and shared housing across the North West, North Wales and the West Midlands, and we can help you set a review schedule that reflects the risk in each property. To discuss your portfolio, please get in touch.
Get in touch HMO fire safetyThis article is provided for general information and does not constitute legal advice or a fire risk assessment. It is based on the Regulatory Reform (Fire Safety) Order 2005, the Housing Act 2004, the LACoRS guide Housing – Fire Safety, and the government guide Fire safety risk assessment: sleeping accommodation. Specific advice should be sought for your own property.