These Regulations aim to improve safety by requiring all upholstered furniture and furnishings in rented properties to meet the fire resistance requirements laid down in the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

WHEN DID THESE REGULATIONS COME INTO FORCE?

Since 31st December 1996 and all furniture and furnishings now must comply.

WHAT ITEMS OF FURNITURE AND FURNISHINGS HAVE TO COMPLY?

Any items of furniture containing upholstery material such as: beds, mattresses, headboards, pillows, settees, armchairs, scatter-cushions and beanbags. In addition the permanent or loose covers for such items must also comply.

The Regulations do not apply to carpets, curtains, bed linen & duvets.

The Regulations do not apply to furniture manufactured before 1 January 1950 as the defective inflammable materials targeted by the Regulations were not in use prior to 1950.  As a rule of thumb, most furniture manufactured since the late 1980’s meets fire-resistance requirements but this should always be verified.

HOW DO YOU KNOW IF YOUR FURNITURE AND FURNISHINGS COMPLY?

All compliant furniture and furnishings carry labels stating that it meets the 1988 Safety Regulations.  These labels have been a requirement on all new furniture and furnishings since 1st March 1989.

If labels have become detached, you should check compliance with the retailer/manufacturer of the furniture and furnishings.

HOTEL STANDARD FURNITURE?

As residential and holiday lets are regarded as for domestic use only, you are not required to supply hotel standard furnishings which offer a higher resistance.

CAN YOU USE FIRE INHIBITING SPRAYS TO INCREASE THE LIFE OF YOUR EXISTING FURNITURE?

holi-lets.com strongly advises against the use of these sprays as it is the owner of the furniture and not the supplier or manufacturer of the spray who is held responsible under the legislation. Moreover, in the event that furniture treated with spray is subsequently found not to meet the required fire safety standards, the following penalties apply:

WHAT ARE THE PENALTIES FOR NON-COMPLIANCE WITH REGULATIONS?

 Non-compliance carries a punishment of six months’ imprisonment or a ‘Level 5’ fine (currently £5,000) or both.

 Please note that these penalties are only for non-compliance.  Should there be a fire at the rental property and it can be proven that non-compliant furniture aggravated the fire, the landlord could be held liable and possibly subject to a damages claim from injured parties.  Insurance cover may also be invalidated.

WHAT SHOULD YOU DO?

 If no action has yet been taken, you should immediately check all relevant items and replace or remove them without delay.

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

This Order aims to bring together in one legislative document the multitude of Fire Safety rules and regulations previously in force for non-domestic or business premises.  The Order also simplifies these rules and regulations, by removing the need for a fire certificate.  The Order now transfers responsibility for assessing risk and its reduction to the responsible person(s) within the business occupying the premises. The Order formally became law on 1st October 2006.

HOW DOES THIS AFFECT YOU?

Long-let and self-catering properties are considered domestic usage and are therefore, not affected by the Order.  However self-catering holiday properties can be and often are classified as non-domestic (or business) premises and can therefore by implication, come under this Order.

 If self-catering were to be classified as non-domestic, the owner of a holiday property would be held responsible for assessing fire risk and implementing any measures necessary for its reduction. 

WHAT SHOULD OWNERS CONSIDER WHEN RISK ASSESSING?

Owners need to give some thought to (i) how and where a fire might start, (ii) how the risk of a fire spreading could be minimized, (iii) how it could be fought and (iv) how people might exit the property.

Owners are not expected to incur financial hardship or effort in this exercise.  Notes within your welcome/information pack would show that owners have given due consideration to potential fire risk.

 HOW OWNERS SHOULD ASSESS RISK

1. Identify possible sources of fire (e.g. proximity of combustible materials to  a source of heat, overloaded electrical sockets, supply of out-dated appliances)
   
2. Implement remedial measures (e.g. smoke alarms, fireguard for open fire, fire blanket to be wall mounted beside cooker, appropriate fire extinguishers, non-smoking policy, restrict use of candles, create a guide for use of bbq’s and replace old appliances)
   
3. Keep a record of the above assessment within your welcome/information pack drawing attention to the need for fire safety, location of fire equipment and nearest fire exits.

Disclaimer

holi-lets.com has provided these guidelines to help owners in the letting of their holiday home, however holi-lets.com takes no responsibility for the accuracy of the information or the consequences of any action arising from the information. All owners should make their own enquiries with regard to Statutory Regulations & Health & Safety requirements as set down by the country in which they are letting their property.