All times are GMT. This is the best way of resolving problems and sometimes your neighbour may not realise their noise is bothering you. For fire escape purposes from small blocks of flats BS9991 requires a 750mm wide stair. It is therefore unlikely that communal areas of blocks of flats will be considered public places unless the prosecution produce evidence that the general public have access to them in their capacity as members of the public. It is therefore really important for you to keep these communal areas clear at all times. However storing them or charging them up in the communal areas of flats is unacceptable because of health and safety issues. We can take legal action if this type of nuisance continues. “In a few cases, the guidance in AD M differs from the recommendation in BS8300. Some areas or services will be your responsibility to repair and … – All blocks of flats must have a risk assessment carried out on the health and safety of any common areas. It is a requirement of the Management of Health and Safety at Work Regulations 1999. This page was generated at 04:16 AM. There was evidence that people, other than residents of the flats or their guests, would use the walkways as a thoroughfare from the station to the shopping precinct and that the owner of the flats had acquiesced in its public use. Accordingly, in normal circumstances, the acceptable stair width for apartment blocks would be as shown in Figure 2. feedback, Under the new laws the private landlord will be responsible for an EICR on the private flat. BS 8300 Design of buildings and their approaches to meet the needs of disabled people. All landlords have a responsibility to ensure that the electrical installation in their property is safe for use. In the interests of health and safety, Derby Homes operates a clear communal area policy to avoid the risk of people being hindered by objects in communal areas when evacuating in an emergency. Any higher standard than this adopted for Building Regulation compliance, such as BS5395, could be challenged by a developer. Other sources of noise can include: A certain amount of noise is to be expected, but neighbours should not have to suffer from serious noise nuisance. Before employing then, Luton • Member since 20 Nov 2019 • Areas in blocks of flats need to be especially well managed and this includes indoor and outdoor communal areas as well as escape routes in corridors, lobbies and stairwells. Considering these two cases in isolation one would be forgiven for thinking the issue of whether the communal area of a block of flats is public or private hinges on the question of whether the public can gain access without hinderance. Read the latest information and advice on Coronavirus (COVID-19). Our Consultants are Chartered Member of Institution of Occupational Safety and Health, The International Institute of Risk and Safety Management and Members of the Institution of Fire Engineers. Legionella is a bacteria common in water systems which can result in legionnaires’ disease. In the interests of health and safety, Derby Homes operates a clear communal area policy to avoid the risk of people being hindered by objects in communal areas when evacuating in an emergency. A number of offences can only be committed in public places. 30 CF10 3AG As with other unauthorised items in communal areas, we may take action against you if you have not asked permission or store or charge your scooter in a communal area of your block. If you continue to use this site we will assume that you are happy with it. Often, one set of guidance then refers to another. Two’s company – Ruth Armstrong discusses her experience of Hybrid Hearings in Care, R v Manning – Untangling the Sentencing Guidelines on Causing or Inciting Sexual Activity with a Child. Risk Safety Services Ltd is a Friendly and Professional Company offering both realistic and competitive health, safety and Fire consultancy within the UK. All rented properties should be tested every 5 years or change of occupancy. If a ladder is supplied by the landlord for changing light bulbs or checking smoke detectors, it should be checked regularly and a notice stuck on it with safety precautions for its use. feedback, Hi Privacy notice feedback. Thanks for replying. You may argue common areas are not “at work” but if any cleaner, gardener, managing agent or repair contractors enters them, then a risk assessment must be … You will also be expected to produce a valid insurance certificate covering the use of the scooter. In flats and maisonettes you may have neighbours above and below you as well as on either side – it is important to show consideration for all your neighbours. It if cannot be avoided, then the work must be assessed and planned to be done with the least risk. This inevitably puts more pressure on the availability of communal circulation space within apartment blocks. Maybe someone more sensible than me will have a different solution. If it were me, I would be tempted to put the things outside in the rain, and hope they are stolen. If the stair design complies with the Approved Documents then it is deemed to satisfy the Building Regulations. They may also prosecute the person making the noise. Approved Document K does not give guidance on the width of a ‘general access stair’, only for rise and going (see table 1.1). Copyright LandlordZONE® all rights reserved. This means that if there was a fire, there must be nothing in these areas that could: Prevent residents escaping from the building Stop the fire services carrying out their duties We provide door entry systems on blocks of flats and maisonettes so that only genuine tenants and their visitors can get in. When living in flats be aware that people may be living above or underneath you, so if you are causing noise this will travel and could be causing a nuisance to your neighbours. Do you need and EICR for the private part of a flat if letting it out, even though the communal wiring, up until fuse box I guess, is covered by housing management agency? Areas in blocks of flats need to be especially well managed and this includes indoor and outdoor communal areas as well as escape routes in corridors, lobbies and stairwells. The inconsistency increases risks to our clients in design, construction, completion and could ultimately affect our clients’ willingness to use us. In some blocks of flats, we employ cleaners to clean the communal areas every week or two weeks. Cold water tanks, taps and showers within flats are the responsibility of the owners of that flat, unless the building lease puts repairing responsibility for them on the landlord. Queen Square Chambers This is particularly useful where there appears to be a clash of lifestyles or personalities. I always look and one day somebody is going to ask a question that I know the answer to and can help. They can arrange to contact the rest of the tenants in your block and, if most of them agree, we can arrange a cleaning service. This case involved a resident of a hostel who took a knife out of the hostel and into the ‘forecourt’ of the hostel between the hostel and the road. The risk assessment should be looked at annually to reassess the situation. If you live in a house or block of flats with other tenants there are communal areas and services.