Fire Risk Assessors: What Constitutes a ‘Competent Person’?

Darren Bagnall, Managing Director of Flat Living Insurance explains what constitutes a “competent person” when completing health & safety assessments.

Fire Risk Assessments are a huge responsibility when it comes to managing a block of flats, but the law surrounding them is surprisingly vague.

Current guidance states only that the person or agent who manages the block is responsible for either carrying out or arranging ‘regular’ assessments and that the person who actually carries out the assessment must be ‘competent’.

What Does ‘Competent’ Mean?

There are no parameters set by the Government to outline what constitutes a ‘competent person’ but there is some guidance available with a little digging.

While the law simply states that they must be competent enough to complete a ‘suitable and sufficient’ assessment of your particular building, it’s only with reference to leading industry bodies that some clarity is provided.

The Leasehold Advisory Service states that “if you don’t have the expertise or time to do a fire risk assessment yourself, you should appoint a specialist to do it for you…if you live in a large or complex building it is recommended that you get a professional to carry out the assessment.”

They go on to refer to The National Fire Chiefs Council who state that “No matter who carries out your fire risk assessment, duty holders retain responsibility for ensuring that the assessment fulfils the requirements of the law. If you have duties under Fire Safety law, you are not expected to be an expert in assessing and controlling fire safety risks, but even when employing a contractor to help with an assessment or additional safety measures, reasonable checks should be made to ensure that the contractor is competent to properly undertake the work.”

As well as making it clear that you should feel confident in approaching your local Fire and Rescue Authority for guidance (although it’s worth noting that they can’t carry out assessments or reviews for you), they also provide a handy download from the Fire Risk Assessment Competency Council that outlines a set of criteria which can be used to judge whether or not a person is deemed ‘competent’ in their eyes.

What steps Can I Take to Make Sure I’m Compliant?

The NFCC suggest that the following steps are taken to ensure you are complying with Fire Risk Assessment law as the person or agent responsible for a residential building:

• Be satisfied that the fire risk assessor who carries out the work is competent. This can be demonstrated by them providing evidence of compliance with the competency criteria set down by the Fire Risk Assessment Competency Council (see above).
• Check that they have experience of working for your kind of business and premises.
• Be clear about the scope of the work to be carried out and ensure that the assessor is provided with access to all areas of the premises and with relevant information.
• Obtain alternative quotes – make sure they all cover the same scope, so you can draw a proper comparison.
• It is advisable to request references from previous clients in similar premises types; ask them if they were satisfied and if any problems were later identified by the Fire and Rescue Authority.
• It is advisable to ask for proof that they have sufficient professional indemnity insurance and to seek assurance that the contractor is impartial and has a complaints procedure.
• Keep and maintain records of the steps you took in selecting your fire risk assessor.

What Does ‘Regular’ Mean?

The law also states that assessments should be reviewed ‘regularly’, but there is no real outline for the regularity required…

Sometimes, your ‘competent person’ may make suggestions re timescales for review within their assessment report but, as a general rule and according to The Leasehold Advisory Service and The Local Government Association, assessments should be reviewed if:

• There is reason to believe the current assessment for the block is no longer valid
• There have been any significant changes within the block such as major works

For purpose-built blocks that are less than 20 years old and up to 3 storeys above ground level:

• Re-assessments should be carried out every 2 years if no significant changes have occurred
• A full re-assessment should be carried out every 4 years if no significant changes have occurred

For older buildings or with more than 3 storeys:

• Re-assessments should be carried out every year even if no significant changes have occurred
• A full re-assessment should be carried out every 3 years even if no significant changes have occurred

For buildings considered extremely high risk, a full re-assessment on an annual basis is advised.

In Summary

While the law may not be crystal clear, the responsibility of ensuring your residents’ safety must be taken seriously and due diligence is vital. The buck stops with you as the person or agent responsible for the block, regardless of who actually carries out your assessments.

Relying on someone’s qualifications alone does not guarantee their expertise in assessing your particular kind of block or their experience in providing thorough, professional reports. Check their previous work, their reviews, their qualifications and look into several options before deciding who to hand the work to.

It’s also important to make sure you document your efforts to comply with the law in order to protect yourself against any claims should the worst happen.

Head to our website for details of the policies Flat Living Insurance offer. You can also find details of our sister companies Manage Your Block and Block in a Box– tools specifically designed to make the lives of RMC directors simpler and easier.

For any additional information call our team on 0333 577 2044