Potential consequences for non-compliance

If authorities visit a residential building managed by an agent – and the building is not ready for inspection – the consequences can be serious. These can include fines, legal action against the managing agent, reputational damage, and a barrage of tenant complaints.

There could also be issues with building safety compliance. This can depend on the nature of the inspection and the issues found, which can highlight the importance of maintaining building standards and readiness for inspections.

What does ‘readiness’ mean?

Being ready for an inspection means all relevant documentation needs to be up to date and available for inspection by the authorities. In essence it means following the rule of the Golden Thread.

It means you should have a nice tidy site, which is safe and there are no trip hazards, fire hazards or waste blocking corridors. The alarm system works perfectly, signage is where it needs to be, and emergency lighting is installed and working.

If the building you manage is in scope and requires a premises information box, there are key points to consider.

1. Are the contents in place?
2. Are the contents valid and up to date?
3. Has a copy been given to the local fire service for their records?
4. Consider if you were to have an inspection today – what would they see?

It is good practice to try and look at your site from the outside in. From a visitors perspective. What would they see? How would they feel?

What is relevant documentation?

This varies from one building to another depending on the building’s height as different regulations can apply.

The type of information requested by the authorities depends on whether they are going to inspect the site or request documents as part of a pre- site visit.

The required information may be as follows:

• Fire Risk Assessment and/or Fire Assessment for External Wall if relevant.
• A Health and Safety Inspection survey/assessment.
• All commissioning certificates and/or evidence of the testing regimes where applicable for fire active systems. This includes Fire Alarms, smoke/heat detection, Smoke Control systems (AOVs), Emergency Lighting, Wet and/or Dry Risers, Fire Doors, Sprinklers, Pressurised Staircases, and Fire Extinguishers.
• Further documentation for Gas certification and testing, Fixed Wire Testing (mains electrical hard wire tests), F-GAS (Air Conditioning) and any other relevant testing for your premises will be requested.
• In some cases, submission of evidence of contracts that are in place for these services can be requested.

What can happen if you are not ready for a building inspection?

If authorities visit a residential building and it is not ready for inspection, there can be consequences.

These can include fines, legal action against the managing agent, reputational damage, tenant complaints.

There can also be issues with building safety compliance, depending on the nature of the inspection and the issues found. This can highlight the importance of maintaining proper building standards and readiness for potential building inspections.

Specific consequences could include:

Non-compliance citations
Authorities may issue citations for various violations such as fire safety issues, faulty electrical wiring, structural concerns, or inadequate maintenance. This can lead to fines and deadlines to rectify the problems.

Legal action
If the issues highlighted are severe or repeated, the managing agent could face legal action from tenants, local authorities, or the building owner for failing to maintain proper standards.

Reputational damage
A negative inspection report can damage the reputation of the managing agent. This can lead to potential loss of business and tenant dissatisfaction.

Tenant complaints
Tenants will lodge complaints if they are directly affected by the issues found in the inspection, leading to further investigations or legal disputes.

Insurance implications
Insurance companies may refuse to cover claims related to issues identified during an inspection citing the managing agent’s negligence.

What should you do to manage your building effectively? 

What a managing agent should do to be prepared for a building inspection:

Regular maintenance checks
Conduct routine inspections of the building to identify and address potential issues.

Proper documentation
Maintain detailed records of all maintenance activities, repairs, and tenant communications regarding building issues.

Compliance with regulations
Ensure the building adheres to all local building codes and regulations related to safety, fire prevention, and accessibility.

Emergency procedures
Have established procedures for managing emergencies and responding to tenant concerns regarding maintenance issues.

Communication with tenants
Inform tenants about upcoming inspections and encourage them to report any concerns they may have about the building’s condition.

Auditing a development for building inspection readiness

Risk Management Teams should audit developments on a regular basis to ensure documentation and sites are compliance ready for a visit from the authorities.

It is crucial that estate managers check all the relevant documents are in date and are accessible for inspection.

It is one of the primary functions of an estate manager to ensure the development meets compliance. For those not meeting the criteria, a site improvement plan should be implemented. Escalation to the relevant departments should be actioned to ensure policies are adhered to.

Key point to remember for all estate managers

Managers need to be aware that they cannot delegate their accountability as a responsible person for a development.

The obligation to ensure a development is compliant and ready for a building inspection rests with you.

Premier Estates provide award-winning property management services across the UK. Please call 0345 491 8899 to speak to one of our team about managing your property.