OpinionLETTERS


email info@flat-living.co.uk tel0845 257 6374 fax0845 257 6319


Lift advice needed


Wearethemanaging agents forablock of flats in Ealing that has three lifts. It is a 1960s block. None of thelifts have an emergencytelephone. Obviously allnew lifts arerequiredtohavethat but is it a legal require- ment to install phones to these lifts? The lift companywhomaintain themaresayingitshould


be done. Nameandaddresswithheld


Matt Lewis of ILS Lift Group replies “The short answer is no it isn’t a legal requirement but as with somany areas of legislationthereisagreyarea and it is not cut and dried when it comes to potential legalliability. All newlifts installedafter 1997 arelegally required to comply with the European Lift Directive includingthe provision of aliftcommunication system. As these lifts were originally installed in the 1960s they do not fall into this category. For existing lifts the European Standard EN81-80was introduced in 2003 andcovered a74- point list of recommendations for making olderlifts safer. This includesthe provision of alift communicationsystemwhere reasonably practical(whichin most casesitis).Thisiswhere it gets more complicated. EN81-80 is not itself a legal statute, only a recommended standard.However where the lift is installed in work premisesitthen comes under The Health and Safety at Work Actand apieceof legislation called LOLER (The LiftingOperations andLifting Equipment Regulations)comes into effect. However, with private residential premises the lift is not deemed to be work equipmentand thereforedoes not fall under theHASAWor LOLER. If the leaseholders/ freeholdersare collectively liable for the lift but agree not


32 CLAMPINGBAN


I was interested to read Mr Dennis’s comments on the above subject (Flat Living,issue12, Letters).WhileIam sympathetic to the problemof “rogue clampers”whohavecausedreal problemsin the past, I do not think sufficient attention has been given to areaswhich need strongparking controls on private property. Ichair theboard ofablock near Lord’s


CricketGroundwhich is ashort distance fromCentralLondon.Wehademployed areputable companytoticketand/or clampourforecourt parkingareato


to have aphone then this is theoretically ok. Nevertheless, theremay remain aliability to membersofthe public (or contractors) who use the lift (unless perhaps a disclaimer is clearly posted). If for example someonewas travelling in theliftand it brokedownand they suffered a panic attack ormaybe worse because they had no means ofmaking an emergency call to the lift company or fire brigade,then theoretically they might sue theleaseholders/freeholders forfailing to take adequate steps to protect them in that scenario.Wedo not know of acasewherethathas been put to the test but it is a possibility andpublicliability insurancemay notcover it.Itmay notbesufficient defencetosay that thelift user is expected to use their ownmobilephone (asthere maynot be asignal) or thelift alarm button whichmay be


protect the residents frompeoplewho park there towatcha cricketmatchor go shopping in theWest End.Wearenow usingthe samecompanytoticketonlyas required by lawandwehope this will be sufficient to protect the situation.Only timewill tell butwehopewedon’t have to introduceothermeasureswhichwill be both costly and disruptive. If we can add weight to the FPRA


campaign we wouldalsobehappy to help.


SusanKaye,


Chair,AddisonHouseManagement CompanyLtd,London


inaudibletoother occupants of thebuilding.


Health and safety


compliance Iamone of sixDirectors of amanagement company whichisthe freeholder of alarge VictorianHouse converted in the 1980s into 10 flats.Althoughwe have an external property management company, we wouldbegrateful if you would clarify the legal requirements as regards current legislation for the


following: n Asbestos survey (car- ried outin2005)which confirmed thelikelihood of asbestos beingcontained in roof tilesbut no evidence in communal areas.We paythemanaging agents an annual fee tomonitor/ register.Asthere has been


no changeinthe property fromthe original inspec- tion doweneed to carry


outanannualsurvey? n Health andSafety Assessment (carried out in 2011)-aswedonot employ anyone on site is it necessary foranannual inspection? The only workscarried outare with appointedcontractors


sourced fromthe agents. n Fire Assessment (carried outin2011) -although we have asmoke alarm systemwith notices in placeincommunalareas advising fire procedures, do we need an annual inspection? Iwould be grateful for


your advice on theabove. Nameandaddresswithheld


KevinBoreham, head of health, safety and compliance atMainstay Residential Ltd replies


Will ticketingwork?


Flat Living


Ifyouhaveaquestionorwouldliketosharewithotherreadersyourideasorexperiencesof livinginaleaseholdblock,wewant tohearfromyou.


Addressyourcommentsorqueriesto theFlat Living teamat info@flat-living.co.uk


Theseare simple questions butthe answersare complex. Firstthe badnews-your asbestos survey carried out in 2005 is possibly no longer suitableand sufficient.There have been a number of changes to theregulationsand codes of practice since2005soit is probably agood idea to have anew survey completed. The good news is, should thesurveyidentifyonlylow risk Asbestos Containing Materials (ACMs)major works to the property are not required andasthe ACM’s do not degrade, then annual surveysare notrequired. Regular reviews of the survey andmonitoring of ACMsis stillrequired; butthese can be done by a non-specialist such as yourmanaging agent. Health and safety risk


assessmentsare done to safeguard the safety and wellbeing of thosewho visit the property (invited or not). If the last assessment identified no highriskconcernsthen areview can be done by a non-specialist with an eyefor detail, whohas knowledgeof the property andmanagement systems in place. The Regulatory Reform


(Fire Safety) Order 2005 states that thefire risk assessment should be reviewed on a regular basis. However, who conductsthese reviewsand when is the subject ofmuch discussion anddifferences of opinionamong professionals. The timing of the review is notstatedand dependson assessment but should be at leastannually.Withregards to whodoesthis, personally I think a certainamount of pragmatism is required and is allowed under the legislation andassociated guidance documents. Large complex premiseswithcomplicated life safety systemsare best left to a well trained professional; in small simple premises where little changes, it is possible for the review to be done by anon-specialist. On a final note, whether doing it yourself or using a specialist, it is important that records are kept of any reviews, inspections and alterations.


Issue 13, Winter Flat Living


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