Communities and Local Government CommitteeWritten evidence submitted by the Federation of Private Residents Associations Ltd

We are the national body that represents the interests of long leaseholders in England and Wales which we do via their Resident Associations, Resident Management Companies, Right to Manage Companies and similar groups many of which have responsibilities for Electrical & Gas installation for the blocks of flats where they live.

The issues raised will be of interest to many of our members’ and I have attached some of the issues shared by one of them in their own block which they have agreed to share to help others in a similar position, many of whom are volunteer Directors carrying out these duties and I hope your committee will consider them during the enquiry.

We would ask that in your deliberations you give careful consideration to how these issues will impact upon blocks of flats and estates that are managed collectively and where they are governed by legislation in the leasehold sector?

I advise our members on the issue of chimney flues and access to them for maintenance, however my comments are from a practical perspective as the FPRA health & safety advisor and RMC Director not a legal one, we refer any legal aspects to one of our legal advisors to consider the issue of responsibility which is often complicated in many blocks as not all leases are clear in this regard.

Replacement and Maintenance of fire places in many older blocks is a common problem due to access requirements which have changed in recent years due to the new regulations and difficulties around ownership of access areas.

Current Building Regulations specify that the location and installation of flues should have been closely regulated when the blocks were converted/built so as not to disfigure the appearance of the buildings if you live in a Conservation Area or the building is listed this will add further complications and therefore if this is the case we strongly recommend seeking advice from the Conservation Officer in the Council’s Planning Dept and through them, the Buildings Inspector within Building Control section of the Council.

It is important for both leasehold flat owners and any Freehold company or managing agent to be aware where the responsibilities for the “common parts” start and finish to establish who should pay the costs. It is this point that gives our legal advisors the greatest difficulty as each lease is different and not always clear.

This difficulty has to be addressed by the Freehold Company and/or Management company in consultation with the leaseholders and the contractors, our best guess is that if access is required to an area owned by the Freehold Company then the responsibility will be with the Freehold company and not each individual lessee, however this point may need legal interpretation of the lease and therefore greater clarity in Building Regulations would be helpful as all “common parts” of blocks are different.

Actions taken by the Directors of our members which are attached to issue Guidelines to be followed by leaseholders and the management company on an annual basis are excellent, however there should be legal clarity with the siting and installation of flues in common parts of blocks of flats to ensure consistency of approach?

The Directors in this case study have formally adopted these Guidelines and issue a letter to all leaseholders requiring compliance with them in their building, however what is the position where there is non compliance? We would hope the Government may issue some clarity in this area?

The internal works may require replacement of existing flues may requiring planning permission or listed building consent to comply with Building Regulations.

If external changes are needed they will probably require listed building or planning consents, depending upon their impact upon the appearance of the building. From a conservation point of view, the Council will be looking to minimise the impact of these changes, compared to the impact of the existing external flues and pipes, which are of a standard design and occupy regular positions across the front elevation such that their impact is relatively minor.

Replacement external fittings which comply with the following guidelines will not require listed building consent or planning permission from the Council:

The new flue must be located in the same position as the existing flue.

The flue shall not project further than 50% beyond the existing flue in relation to the brickwork.

The flue shall not be of greater diameter than the existing.

The flue and any associated collar must be coloured black, dark grey or dark brown. White fittings may require listed building consent.

There will be no other external pipe work; this will mean that disposal of condensate has to be effected internally.

The new flue must be fitted by a “clean cut” in the brickwork; making good of damaged surfaces by means of mortar cladding will not be acceptable.

Fittings which cannot comply with these guidelines may require listed building consent from the Council, but examples which depart significantly from the appearance of the existing or others introduced in accordance with these guidelines are unlikely to be acceptable.

If there is a particular point that you would like to discuss with us, please email us again and we will endeavour to assist you.

January 2012