HT - FIRE SAFETY Flashcards
Please explain your understanding of the recent updates to RICS Professional
Indemnity Insurance Cover around Fire Safety?
During 2019 fire safety insurance cover was removed from the professional
indemnity insurance market following the Grenfell Disaster.
This followed an increase in insurance claims with insurers applying blanket fire
safety exclusions.
Many surveying firms were unable to obtain fire safety cover leaving them exposed
on previously completed instructions and non protected for future work.
During 2020/21 the RICS worked with insurers to restrict blanket fire safety
exclusions.
The RICS agreed with insurers in May 2021 that fire safety exclusions could be used
however these would not apply to work on properties with four or fewer storeys
above ground level.
This is contained in the agreement that all insurers sign if they want to participate in
the RICS insurance market.
Cover for completion of EWS1 forms remains excluded from RICS’ policy wording.
There is limited protection for professionals completing EWS1 assessments on a
case-by-case basis at insurers’ commercial discretion.
Following the Grenfell Disaster are you aware of any guidance the RICS has published
to support fire safety?
I am aware that the RICS has published the Guidance note ‘Cladding for Surveyors
1st Edition March 2021’ to support surveyors working on Multi-storey and multi
occupancy residential buildings.
The document aims to improve surveyors knowledge of external wall cladding
systems that may be considered within the External Wall Fire Review.
Whilst the document is useful and provides illustrated examples of cladding systems,
I appreciate that fire safety is of great importance and ultimately falls outside my area
of expertise. If my clients do ask for advice on first safety I would always recommend
that they seek advice via a professional fire risk assessment.
What is ACM cladding?
ACM standards for aluminum composite material
It consists of two skins of aluminum bonded to either side of a lightweight core of
materials such as polyethylene or a mineral core aimed to provided insulating
properties.
What is the significance of ACM in relation to Grenfell?
The ACM cladding in use was thought to contain combustible materials that
contributed towards the spread of fire across the external elevation of the building.
As a result the UK government has now banned the use of combustible materials on
high rise homes from 29th November 2018.
The ban means that combustible materials are not permitted on the external walls of
new buildings above 18m.
Local authorities also need to undertake remediation works to replace dangerous
ACM cladding on existing buildings.
What is an EWS1?
An EWS1 is an External Wall System Fire Review Certificate.
They are applicable when a multi-storey residential property is either being bought,
sold or re-mortgaged.
It is not a building safety certificate but a re-mortgaging valuation tool.
The RICS and mortgage lenders jointly formed the EWS1 form as a way of mortgage
lenders assessing the external wall safety of buildings over 18m in height.
What is the New Fire Safety Act 2021?
The First Safety Act was introduced in March 2020 and holds significant legal
obligations of organisations deemed to be responsible persons.
It is introduced as an update to the Fire Safety order 2005.
The main focus of the act is the amendment of the Fire Safety Order to clarify that it
will apply to the structure and external walls as well as anything attached to external
walls such as doors, windows and cladding.
Under the previous regime it was unclear who was responsible for fire safety
compliance for these elements of the building.
This will force owners, landlords and managing agents of multi-occupied residential
buildings to take precautions to identify any dangerous cladding on those buildings
and remediate any dangerous materials whilst introducing interim measures to
ensure the building can be occupied safely.
Please explain your understanding of the importance of Hart vs Large caselaw?
This was a high court case relating to a dispute between the purchasers, Mr & Mrs
Hart, and their surveyor, Mr Large.
Large had carried out a Level 2 Home Buyer Report on a property based in Devon.
Mr & Mrs Hart experienced problems with damp and water ingress resulting in a
claim against Large.
The court ruled that Large was negligent as he:
Failed to identify the issues relating to damp.
Failed to advise the purchaser to obtain a Professional Consultants Certificate.
Failed to recommend further investigations were undertaken regarding the condition
of the property.
This case is important for surveyors as it highlights the need to:
Report on any building elements that have not been inspected, including an
explanation as to why this is the case.
Recommend further investigations are carried out if the surveyor has a suspicion that
a visible defect may affect other concealed building elements. -“Where there is a trail
of suspicion, a surveyor must take reasonable steps to follow that trail, which may
include recommending further investigations.
The need to strongly recommend that a Professional Consultants Certificate should
be obtained prior to purchase on recently refurbished properties to protect the
property purchaser from concealed defects.
