safety works
📖 What is safety works? Meaning and definition
Safety works are critical interventions carried out to mitigate significant hazards within a property, particularly in residential buildings like blocks of flats. These works are typically initiated when a serious safety issue is identified, such as a high-risk gas installation that does not meet current safety requirements, or damage that compromises the building's structural integrity. The urgency of these works often means that they need to be completed quickly to prevent potential catastrophic failures, such as explosions from gas accumulation or collapse due to structural compromise.
Landlords or managing agents are responsible for identifying and addressing these safety concerns. Due to the critical nature of safety works, there are often situations where the usual consultation process with residents, which is typically required for major works, needs to be expedited or even dispensed with. This is to ensure that the works can proceed without delay, prioritising the immediate safety of residents and the building.
While the primary goal is safety, the costs associated with these works can be substantial. Landlords may seek to recover these costs from residents, although some expenses might be eligible for funding through schemes like the Building Safety Fund. Even when dispensation from consultation is granted, landlords are expected to keep residents informed about the necessity of the works, the progress, and the associated costs.
📋 Requirements
- Identification of a serious safety issue, such as non-compliant gas installations or structural risks.
- The issue poses a high risk, potentially leading to catastrophic failure or compromising structural integrity.
- Temporary repairs or adaptations are not possible or sufficient to address the risk.
- Urgency requires works to be undertaken promptly, sometimes before full consultation processes are completed.
📝 Procedure
- A contractor identifies a serious safety issue and categorises it as high risk.
- The landlord or applicant informs residents of the intention to carry out the works, often via an informal letter and a Section 20 notice.
- The landlord may seek dispensation from the First-tier Tribunal to carry out works before the full two-stage consultation process is completed due to safety concerns.
- Tenders are sought from contractors, and the lowest estimate is typically accepted.
- The works are scheduled and carried out to address the identified safety issue.
💡 Examples
- A gas main and meter located in enclosed voids beneath a block of flats are identified as high risk due to non-compliance with gas safety requirements, necessitating urgent replacement to prevent a catastrophic gas leak.
- Vandalism to the front and middle doors of a building renders the lock mechanism faulty, creating a primary safety concern that requires immediate replacement of the doors.
- Extensive works costing millions of pounds are required to address building safety issues, with some costs eligible under the Building Safety Fund and the remainder to be covered by residents.
- A landlord seeks dispensation to replace three faulty doors in a block of flats due to safety concerns, informing residents that the works need to be done before the usual two-stage consultation is completed.
❓ Frequently asked questions
What makes works 'safety works'?
Works are considered 'safety works' when they address a serious safety issue that poses a high risk to residents or the structural integrity of the building, such as a dangerous gas installation or compromised doors after vandalism.
Do landlords have to consult with residents before carrying out safety works?
Normally, landlords must consult residents for major works. However, in cases of urgent safety concerns, they may apply to the First-tier Tribunal for dispensation to carry out the works before the full consultation process is completed.
Can residents object to safety works?
Residents can object to an application for dispensation, but the Tribunal will weigh these objections against the urgency and necessity of the safety works. In some cases, applications are determined without a hearing if only one objection is received.
Who pays for safety works?
The costs can be substantial. While some costs might be eligible for funding through schemes like the Building Safety Fund, the remaining expenses are often the responsibility of the residents, typically through service charges.
What if a temporary repair is possible instead of full safety works?
If a temporary or interim repair is not possible, or if it cannot safely adapt, isolate, or make the installation compliant, then full safety works are deemed necessary to address the high-risk issue.
How quickly can safety works be carried out?
Due to the primary safety concerns, works are often undertaken as soon as possible, sometimes with dispensation from the usual consultation period to avoid delays.