Extractor Fans

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  • Extractor Fans

    Does anyone know what the legal situation with extractor fans is?

    I ask as I have an open plan kitchen/living room and am wondering whether there should be an extractor fan in this room.

    There also isn't one present in the bathroom which is surprising.

  • #2
    Does the bathroom have a window? If so, it does not need an extractor fan. If you experience ventilation problems then by all means fit an extractor and make sure that there is adequate heating.

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    • #3
      No the bathroom doesn't have a window. Does that mean there needs to be an extractor fan installed?

      Comment


      • #4
        Well, there is no law for the scenario you mention. However if you want to avoid complaints from tenants and potential damage then make sure the bathroom is adequately ventilated and heated - whatever that takes (eg any combination of extractor fan, air brick, radiator, electric bar heater, opening the door)

        Out of interest, was your property a one bedroom flat with separate kitchen, but been "developed" into a two bedroom flat with integrated living room and kitchen? Hate that trend.

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        • #5
          I am the tenant so unsure of the flat's appearance before moving in.

          I have had many issues with the landlord and the propert and am trying to make a list of responable repairs.

          The bathroom steams up and I was unsure whether the landlord needed to have a fan in their or not. We have a heater thou.

          thanks for your help

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          • #6
            Oops!

            I now associate you with the rather long posts.

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            • #7
              Originally posted by daniellepace19 View Post
              Does anyone know what the legal situation with extractor fans is?

              I ask as I have an open plan kitchen/living room and am wondering whether there should be an extractor fan in this room.

              There also isn't one present in the bathroom which is surprising.
              This is a Building Regulations issue... in a new build, or in an older property where there is change of room use where a room becomes a bathroom or kitchen, then in both cases an extractor fan would be required by law. Nothing to do with whether the property is rented or not.

              I don't know off the top of my head when the rule came in, but it certainly isn't retrospective.

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              • #8
                How would I find out if this building has undergone a room change?

                right now I can't even get my Landlord's name and address!

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                • #9
                  Originally posted by daniellepace19 View Post
                  No the bathroom doesn't have a window. Does that mean there needs to be an extractor fan installed?

                  Yes!! If a bathroom has no window then it must have either 1) mechanical extraction or 2) If it is in a block of flats a communal ventilation system.If it is a refurb or new build then either 1 or 2 is a legal requirement under the Building Act(1984) which incorparates the Building Regs.In answer to one of the post's wither it is retrospective or not apparently it is.
                  Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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                  • #10
                    Thank you very much for your help

                    Comment


                    • #11
                      Ring your local authority up and ask them to come and have a look at the flat. There are plenty of new enforcement procedures under the new Housing Act to get works done.

                      No ventilation in a bathroom would possibly classed as a category 1 hazard under the Housing Health and Safety Rating System and therefore the local authority have a duty to act, i.e serve notice on your landlord.

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                      • #12
                        Originally posted by pms View Post
                        Yes!! If a bathroom has no window then it must have either 1) mechanical extraction or 2) If it is in a block of flats a communal ventilation system.If it is a refurb or new build then either 1 or 2 is a legal requirement under the Building Act(1984) which incorparates the Building Regs.In answer to one of the post's wither it is retrospective or not apparently it is.
                        No. If it's retrospective, then that means that the owner of every building in the country where there is no extractor in the bathroom or kitchen is breaking the law.

                        Same applies to all Building Regs - off the top of my head I can't think of any which are retrospective (but could be wrong).

                        I can confirm that having refurbished several properties, in each case the building control officers paid particular attention to whether there had been a change of use of the kitchen/bathroom, in respect of whether extractors were needed.

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                        • #13
                          I have a sneaky feeling (but that's all it is) that if the bathroom has just the bath and sink but no loo, there is no requirement for a fan. AFAIK the requirement for a fan is to do with the loo rather than the washing facilities.

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                          • #14
                            Originally posted by red40 View Post
                            Ring your local authority up and ask them to come and have a look at the flat. There are plenty of new enforcement procedures under the new Housing Act to get works done.

                            No ventilation in a bathroom would possibly classed as a category 1 hazard under the Housing Health and Safety Rating System and therefore the local authority have a duty to act, i.e serve notice on your landlord.
                            It would be a C1 hazard as lack of ventilation causes condensation then mould then spores are released causing many respitory problems.I would be interested to know if a bathroom has no ventilation who would be responsible for abating a mould problem(if one existed).Then of course there is the issue of a personal injury claims the list could go on....
                            Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                            Comment


                            • #15
                              Originally posted by pms View Post
                              It would be a C1 hazard as lack of ventilation causes condensation then mould then spores are released causing many respitory problems.
                              But would it? That is why i used the word 'possibly'.

                              The average for Hazard 1, Damp and mould growth under HHSRS is a liklihood of 1 in 400, The outcome percentages for class I (extreme harm) and II (severe harm) are 0% and 1% respectively, class III (serious harm) has a percentage of just over 7%, whereas class IV (warrant medical attention) is a massive 91.8%. Therefore you would have to change the likelihood to around 1 in 32 and increase the percentages for class II & III to the maximum to get it into bad C+.

                              Therefore could this be justifed, personally I think not, you would be lucky to get it as high as band E and therefore class 2 a power to Act.

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