6.1 Members will:
Maintain and manage developments in accordance with the requirements of, and standards established in, the Homes (Fitness for Human Habitation) Act 2018; and
Reduce the risks of potential health and safety hazards, based on the Housing Health and Safety Rating System (HHSRS) to as low a level as is reasonably practical and cost-effective, and ensure no HHSRS Category 1 hazards are present.
In undertaking these actions, Members can consult with the local housing authority and must take account of any authority guidance that applies to buildings of this type.
Gas appliances and supply
6.2 Members will ensure that all means of use and supply of mains gas and alterations, and repairs to gas installations comply with the current Gas Safety (Installation and Use) (Amendment) Regulations 2018.
6.3 Members will have all gas appliances serviced annually by a Gas Safe Registered engineer and provide each occupant with verification of this servicing, where one or more of the gas appliances is located in the living accommodation.
6.4 Where gas appliances are located in a separate building from the development, Members will post verification of the annual gas safety check in a central location within the development, accessible to occupants.
6.5 Members will ensure that developments comply with the relevant regulations for the installation of carbon monoxide alarms.
Electrical installations and appliances
6.6 Members must possess a current Electrical Installation Condition Report (EICR) (based on Appendix 6 of BS 7671:2018), showing that all electrical installations are in a safe and satisfactory condition. The EICR must be carried out by a competent electrical engineer (preferably accredited by NICEIC).
6.7 Where electrical certification has identified issues that need addressing, Members must provide evidence to show that the necessary remedial work has been undertaken within the timescale indicated on the report.
6.8 Members will ensure that all repairs and improvements to electrical installations comply with the current edition of the Institution of Electrical Engineering and Technology (IET) Wiring Regulations and meet BS 7671:2018+A1:2020.
6.9 Members will take reasonable steps to ensure that all electrical appliances that they provide are functioning effectively and safely, in accordance with manufacturers’ operational instructions.
6.10 Members will provide occupants with instructions for the safe use of all electrical appliances and properly label isolator switches.
Energy efficiency
6.11 Members will ensure that all their developments comply with the Energy Efficiency (Private Rented Property (England and Wales) Regulations 2015.
6.12 Members will fit all their developments with installations that operate at a reasonable level of energy efficiency.
6.13 Members will distribute information detailing how to use the heating and hot water systems efficiently to all occupants within seven days of them moving in, either in printed or electronic form.
Fire safety
6.14 Members will ensure that all developments are provided with properly maintained fire safety installations, and instructions on their use, necessary to enable the occupants to safely evacuate the building in the event of a fire, where this is required. These instructions will be supplied along with fire safety measures in accordance with current legislation and may include by way of example:
a fire escape route with a minimum of 30 minutes’ fire resistance;
an automatic fire alarm system; and
an emergency lighting system, sited to protect the route of escape.
Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021
6.15 Members will ensure the provision of appropriate fire safety measures in accordance with the relevant requirements under the Regulatory Reform (Fire Safety) Order 2005 and with due regard to the local authority’s HMO standards.
The Fire Safety Act 2021 clarifies the areas of a multi-occupied residential building to which the Fire Safety Order applies (with different obligations in respect of low-rise, buildings between 11m-17.9m and high-rise buildings over 18m or 7 stories in height).
6.16 Members will comply with the provisions of the Order and the Act by appointing responsible persons (RPs) for multi-occupied residential buildings and managing and reducing the risk of fire for the structure and external walls of the building (including cladding, balconies and windows) and entrance doors to individual flats that open into common parts.
Both the Order and the Act apply in England and Wales.
6.17 Members will have fire risk assessments (FRAs) reviewed annually by a competent person, as defined by the Fire Risk Assessment Competency Council, and will provide the NCA with a copy of the FRA within five days of them requesting one.
6.18 Members will also provide, for information, to the NCA electronic copies of FRAs for all high-risk buildings of 18 metres and above and, where those FRAs are revised or changed, an up-to-date copy will be provided at least annually. FRAs will also be provided for any building that is subject to a verification visit
6.19 Members will ensure that Type 3 FRAs are undertaken when the development is first occupied, and are then reviewed annually. A replacement Type 3 FRA must be prepared when considered necessary by the assessor, for example following a change of operational management or where substantial alterations are made to the building fabric or existing alarm systems.
6.20 Members will keep fire alarm and detection systems in proper working order; have systems tested regularly; and ensure that a suitably qualified engineer carries out an annual inspection and test of the entire system in accordance with BS5839-1:2017.
6.21 Members will keep a logbook, certificate or other electronic record of when the testing and inspection of the fire alarm system is carried out and by whom, in accordance with BS5839-1:2017. Members will also maintain a log of fire incidents and false alarms.
6.22 Members will ensure that documentation is available to certify that the fire alarm and emergency lighting systems have received annual checks and are in proper working condition.
6.23 Members will provide occupants with clear written guidelines on the fire safety procedures, including details of:
the safety measures installed
why they are there
how they operate; and
what to do in the event of fire.
6.24 Members will display notices containing this information in all rooms and communal areas.
6.25 Members will maintain all exit routes within the building (for example, hallways, landings and staircases) such that, as far as is reasonably practical, they are safe and would not obstruct evacuation of the dwelling in the event of fire.
6.26 Members will have fire evacuation plans reviewed and updated annually by the designated responsible person.
6.27 Where appropriate, Members will devise personal emergency evacuation plans (PEEPS) in order to help an occupant who may need assistance, for instance, a person with impaired mobility, to evacuate a building or reach a place of safety in the event of an emergency.
6.28 Members will:
Notify the NCA of any building of theirs which contains ACM (aluminium composite material) cladding.
Make a declaration on the percentage of the building that is ACM-clad; and
Provide the NCA each year with the FRA, which will reference the arrangements made in respect of the cladding.
The Building Safety Act 2022
6.29 The Building Safety Act 2022 has implications for most purpose built student accommodation but primarily applies to new or existing occupied buildings over 18 metres high or seven storeys or more, which contain at least two residential units. The Act places specific duties on Members who manage high rise residential buildings to take a range of specific and prescribed actions to identify risks, put the required measures in place to keep the building and its’ residents safe, and to evidence how they are doing this.
6.30 Members will comply with the provisions of the Act, particularly in respect of:
ensuring that new buildings completed after 1st October 2023 must have a relevant completion certificate or final notice from the Building Safety Regulator and are registered before any residents can occupy them.
undertaking the management of relevant buildings to minimise and manage risks covered by the Act, particularly regarding resident engagement and communication in respect of these obligations.
6.31 On request from the NCA, Members will evidence within five days that they are compliant in these areas.
Security measures
Members will ensure that:
6.32 External doors to the building are of strong, solid, safe construction and fitted with a secure locking system capable of being opened from the inside without the use of a key. (If an electronic system is installed, it will be programmed to open in the event of a power failure). Door frames must be of strong construction and well secured.
6.33 Any intercom entry systems do not allow access to the building without the occupant being able to establish the identity of the caller.
6.34 Ground-floor and upper-storey windows accessible from ground level are of sound construction and fitted with a lockable system capable of being opened from the inside without the use of a key. All windows above ground-floor level will be fitted with stops to prevent over-opening. Members will provide occupants of ground-floor rooms with specific security information.
6.35 The building has a security plan detailing an appropriate level of management to maintain security standards. Members will make the plan available to occupants on request. The plan should stipulate what security information will be supplied to occupants.
Emergency and disaster management
6.36 Members will draw up and put in place an appropriately detailed emergency and disaster plan for all developments. They will review and update the plan annually.
6.37 Members will make all staff aware of the plan, and make it freely available as part of site policies and procedures. The plan will be provided with clear guidelines on where and when it will be implemented and how staff will contribute to its review and implementation.
Lifts
6.38 Members will have all lifts provided for passenger use thoroughly inspected by a qualified competent person at regular intervals, in line with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) to ensure that all lifts are safe to use. Members will make inspection reports available for at least two years and provide copies for the NCA on request.
6.39 Members will undertake routine maintenance to ensure that lifts are kept in good working order and that all aspects of the lift are functioning properly. Routine maintenance will include, but may not be limited to:
lighting within the cage
proper signage of floors
operating buttons; and
floor indicators.
6.40 Members will maintain a central log of times when a lift(s) is out of service.
6.41 Members will make emergency arrangements clear for any person trapped in a lift and ensure that staff understand their role in reacting to any such incident. Members will also put in place a system that supports the swift release of anyone who is trapped.
6.42 Where a lift being out of service prevents a disabled occupant from getting to or from their room, Members will make alternative access arrangements. In the event that overnight access is not possible, Members will provide alternative accommodation for the occupant for as long as the lift is out of commission.
Legionella
6.43 Members must:
Comply with relevant water treatment legislation;
Follow the guidance on a risk-based approach to water risk assessments set out in Legionnaire’s disease: the control of legionella bacteria in water systems: the Health and Safety Executive’s Approved Code of Practice L8; and
maintain testing and flushing records.
The Environment
6.44 For all developments, Members will provide adequate refuse disposal facilities for the number of occupants.
6.45 Members will put in place a waste disposal plan, which can be consulted by occupants on request. Within 24 hours of moving in, occupants will be informed about waste collection arrangements.
6.46 Where the local housing authority operates a recycling scheme, Members will ensure its waste disposal plan meets the relevant standards.
6.47 Members will maintain the perimeter of all developments and any surrounding grounds in good order and free of waste and litter as far as is reasonably practicable.
6.48 Members will:
Retain any garden(s) as soft planted areas (which includes low-maintenance gravelling with planting).
Keep garden(s) free from obstruction (although paths may be added); and
Maintain plants and shrubs properly, and in particular so that they do not obstruct pavements or other public areas of the property.
6.49 Members will keep hedges and bushes trimmed low wherever practical so that they cannot be used as a screen for criminal activities.
Communal lighting
6.50 Members will ensure that:
All internal and external communal areas are provided with adequate safe lighting, which is maintained to ensure continuous effective operation; and
Where light switches are fitted with automatic timers, they allow sufficient time for occupants to reach their rooms or to exit the building.