Fire doors main building

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    Fire doors main building

    Hi
    The fire doors to our main communal entrance and other side doors are not fire resistant and neither is the glass above so we have a quote but one leaseholder is arguing that its an improvement so freeholder should pay to make good his mistake not installing fire regulations doors. It will cost a leaseholder over £250.00 as well so its Section 20 can we get the work done then do a section 20 afterwards or get dispensation as its a necessity?

    #2
    Fire regulations usually require compliance or you don't get insurance cover.

    Can you not split the work and do half this year and the other half next year to bring the cost down below £250 per flat. ?

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      #3
      Yes we thought about phasing this thanks Gordon and we made the insurance company aware when we just renewed the insurance, we had a health and safety fire risk assessment done, they flagged this up but costs a lot and the leaseholder has a point that its an improvement which need to comply with HSF for the building and fire service public body however whoever put the doors and glass in the first place did not meet building regulations really so its the freeholder responsibility to put right as they have not provided original flats communal area which the company owns with fire safe doors and glass, there is no improvement allowed in the lease

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        #4
        Originally posted by Gordon999 View Post
        Can you not split the work and do half this year and the other half next year to bring the cost down below £250 per flat. ?
        No, you cannot split works in order to avoid section 20 consultation - if you cannot legitimately justify why work was split, across two (or more) service charge years, a tribunal will see this as a deliberate attempt to circumvent the legislation.

        Spreading the cost of work to make it easier for leaseholders to may is legitimate, but the cost of the work as a whole should be considered, and if it is above the section 20 limit consultation should be carried out - even if the intention from the start is to spread the work over more than one year.

        You could potentially argue that the work is urgent and ask for dispensation from section 20 because of this (and because section 20 consultation is so weak, you could go ahead anyway and argue for dispensation afterwards).



        Section 20 isn't the issue here though.
        If your lease only allows for repairs/maintenance and not improvements, you can likely only make this a cost that is charged via the service charges if the door/glass are in need of repair (upgrading to meet building regulations is allowed during repairs).

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