Transcript SEMINAR 5
SEMINAR DEC 15th IMPACT OF FIRE REGULATIONS ON PROPERTY IMPACT OF DDA ON PROPERTY IMPACT OF FIRE REGULATIONS ON PROPERTY ALL PROPERTIES EMPLOYING 20 + PERSONS REQUIRE A FIRE CERTIFICATE IT WILL CERTIFY ESCAPE ROUTES, MATERIALS, SIGNAGE, etc MANY BUILDINGS THEREFORE DO NOT NEED FIRE CERTIFICATES WE WILL FOCUS ON THE NON-CERTIFICATED BUILDINGS - IDENTIFY PROBLEMS FIRE PRECAUTIONS ACT 1971 S.9A GUIDELINE FOR THOSE BUILDINGS HOW IS UNDERSTANDING OF FIRE REGULATIONS/GUIDELINES RELEVANT TO YOU ASSET MANAGEMENT. RENT REVIEW. VALUATION. INVESTMENT SALE/PURCHASE WHEN INSPECTING / MEASURING NOTE POSITION AND TYPE OF STAIRS, ESCAPE ROUTES INTERNALLY AND ESCAPE ROUTES /STAIRS/ LADDERS EXTERNALLY. CAN A SHOP FIRST FLOOR OR BASEMENT BE USED FOR SALES ? OFFICE OR SHOP BE SUB-DIVISION WHAT ARE THE FIRE ESCAPES REQUIREMENTS ? NB THIS IS A CURSORY LOOK AT THE ISSUES ONLY TRAVEL DISTANCE TRAVEL DISTANCES IN PREVIOUS DIAGRAM TRAVEL DISTANCE IN OFFICE ( ALSO SHOPS ) 18 M NOTE THAT ANY OBSTRUCTION INCREASES THE TRAVEL DISTANCE TO SAFETY BUT IF THERE IS A 2ND ESCAPE ROUTE DISTANCE CAN BE DOUBLE – 36 M SEE NEXT DIAGRAM SHOP ESCAPE AT FRON & ESCAPE AT REAR - THEREFORE 36 M DEPTH OK SINGLE STOREY SHOP – HIGH STREET ESCAPE FROM FRONT DOOR TO STREET IF THERE IS NO REAR ESCAPE THEN RETAIL AREA CANNOT BE ALL ABOUT TRAVEL DISTANCE 18 M IN SHOPS & OFFICES 25 M IN FACTORIES SEE DIAGRAMS SHOWING TRAVEL DIRECTION AND MAXIMUM DISTANCE OF TRAVEL BEFORE ALTERNATIVE/ADDITIONAL MEASURES ARE REQUIRED > 18 M DEEP EXTENSION TO SHOP BEYOND 36 M TO EXTEND THE SHOP ADD PROTECTED MEANS OF ESCAPE INSTEAD OF ESCAPE TO OPEN AIR - ESCAPE TO PROTECTED CORRIDOR NEXT DIAGRAM ILLUSTRATES HOW A SHOP COULD BE EXTENDED AND STILL COMPLY WITH THE GUIDELINES. EQUIVALENT OPPORTUNITY APPLIES TO OFFICES AND FACTORIES SO IF A BUILDING YOU ARE BUYING, SELLING, ASSET MANAGING, VALUING FOR RENTAL OR CAPITAL PURPOSES HAS THE OPPORTINITY TO BE EXTENDED YOU CAN APPRAISE IT REFELECTING ITS CAPACITY TO BE EXTENDED SUB-DIVISION WITH A CURSORY KNOWLEDGE OF TRAVEL DISTANCES YOU CAN ADVISE ON THE POTENTIAL SUB-DIVISON OF A LARGER STORE IN TO SMALLER UNITS AN ARCHITECT OR BUILDING SURVEYOR WILL FORMALLY ADVISE/DESIGN THE SUB-DIVISON BUT YOUR INPUT MIGHTBE WHAT SIZE UNITS WILL LET YOU SHOULD BE ABLE TO SKETCH A SUB-DIVISON PROPOSAL TO CARRY OUT AN A DRAFT APPRAISAL TO ESTABLISH THE VIABILITY OF A PROJECT KNOWING APPROX HOW MUCH SPACE YOU WILL LOSE TO ESCAPE ROUTES, etc. EXTENSION TO SHOP BEYOND 36 M – USING PROTECTED ESCAPE CORRIDOR 2 LEVEL SALES IN SHOPS F/F or BMT MANY SHOPS RETAIL ON 2 OR MORE LEVELS ADDITIONAL REGULATIONS APPLY – SECONDARY MEANS OF ESCAPE REQUIRED SAME TRAVEL DISTANCES APPLY BUT ALTERNATIVE ESCAPE ROUTE REQUIRED IT CAN BE ACROSS A FLAT ROOF TO AN EXTERNAL IRON STAIRCASE THIS SHOULD BE A MARKED ROUTE AND LEAD DOWN TO GROUND FLOOR CAN BE TO ANOTHER PROTECTED INTERNAL STAIRCASE - IF THIS IS TO THE FRONT OF A RETAIL UNIT IT WILL TAKE UP VALUABLE ZONE A SPACE SEE DIAGRAM SECONDARY ACCESS WHERE SALES USE IS MADE FIRE ESCAPE LICENCES SOME BUILDINGS DO NOT HAVE FULL RIGHTS TO AN ESCAPE ROUTE THEY MAY NEED TO PASS ACROSS LAND/BUILDINGS NOT OWNED BY THEM OR NOT DEMISED TO THEM. THEY MAY ONLY HAVE A LICENSE TO USE THE ESCAPE ROUTE IT MAY BE TERMINABLE ON 6 MONTHS NOTICE. THIS IS A PROBLEM BECAUSE THE NON-RENEWAL OF THAT LICENSE MAY MEAN THAT THE USE OF YOUR BUILDING IS CURTAILED/COMPROMISED & IT`S VALUE AFFECTED CHECK LEASE TERMS – OR CHECK TITLE FOR RIGHTS OF ACCESS/ESCAPE SOMETIMES THERE IS A MUTUAL FIRE DOOR BETWEEN SHOPS OR OFFICES AGAIN IT MIGHT BE SUBJECT TO A TERMINABLE LICENSE SO WATCH OUT FOR THE UNUSUAL DOOR IN A FLANK WALL OR A REAR FIRE ESCAPE DOOR THAT LEADS IN TO AN ENCLOSED YARD WITH NO ESCAPE THE ESSENCE OF TRAVEL DISTANCE GUIDELINES AND ESCAPE ROUTES IS TO ENSURE THAT WHEN A FIRE BREAKS OUT THE OCCUPANTS OF A BUILDING CAN ALL ESCAPE TO AN OPEN CLEAR AREA. DDA - DISABLED DISCRIMINATION ACT 1995 What is it? The 1995 Disability Discrimination Act (DDA) aims to protect disabled people against discrimination – both in employment and when using a service or facility. The government has implemented the legislation in three phases. Phase I in 1996 made it illegal to treat disabled people less favourably because of their disability. Phase II in 1999 obliged businesses to make ‘reasonable adjustments’ for disabled staff, like providing additional support or equipment. They also had to start making changes to the way they provide their services to customers, for example providing bank statements in large print. Phase III from October 2004 businesses may have to make physical alterations to their premises to overcome access barriers. The example people most readily think of is installing ramps for wheelchair users. OCTOBER 2010 PART M BUILDING REGULATIONS Regulationshttp://www.planningportal.gov.uk/uploads/br/BR_PDF_ADM_2004.pdf BUILDING REGULATION 2011, 2012, 2013, 2014 WHY IS IT IMPORTANT TO YOU TO FULFILL LETTING AGENCY, ASSET MANAGEMENT, VALUATION, RENT REVIEW OR INVESTMENT AGENCY ROLE YOU SHOULD KNOW IF A BUILDING IS DDA COMPLIANT ANY EXTENSION – ANY ALTERATION - ANY CHANGE OF USE TO A NON-COMPLIANT BUILDING INVOKES A REQUIREMENT FOR DDA COMPLIANCE DOES IT NEED A RAMP FOR ACCESS – OR A LIFT - OR A LESS STEEP STAIRCASE FLOORSPACE MAY BE LOST TO IMPROVE ACCESS TO COMPLY WITH DDA AND THIS HAS VALUATION IMPLICATIONS AS PER FIRE REGULATIONS KNOWLEDGE OF DDA ISSUES WILL BE HELPFUL TO YOU WHEN APPRAISING EXISTING BUILDINGS /EXTENSIONS/ALTERATIONS AND NEW BUILD PART M BUILDING REGULATIONS 2010 Application of Part M 0.1 The requirements apply if: a. a non-domestic building or a dwelling is newly erected; b. an existing non-domestic building is extended, or undergoes a material alteration; or c. an existing building or part of an existing building undergoes a material change of use to a hotel or boarding house, institution, public building or shop. The terms 'institution', 'public building' and 'shop' are explained in regulation 2. It should be noted that, regardless of compliance with Building Regulations, there will be obligations under the Equality Act 2010 for service providers and employers to consider barriers created by physical features in buildings. NB AN EXISTING NON-COMPLYING BUILDING DOES NOT HAVE TO COMPLY IF NO ALTERATION OR CHANGE OF USE TAKES PLACE THE EQUALITY ACT 2010 AND THE EQUALITY ACT 2010 (DISABILITY) REGULATIONS 2010 THE EQUALITY ACT 2010 (THE EA) BRINGS TOGETHER DISABILITY DISCRIMINATION ACT 1995, WITH AIM TO STRENGTHEN EXISTING PROVISIONS INTO SINGLE FRAMEWORK. EA IMPOSES DUTY TO MAKE REASONABLE ADJUSTMENTS TO A PHYSICAL FEATURE IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE EA. EA GUIDANCE TENDS TO DEMONSTRATE COMPLIANCE WITH PART M OF THE BUILDING REGULATIONS, BUT THIS DOES NOT NECESSARILY EQUATE TO COMPLIANCE WITH THE OBLIGATIONS AND DUTIES SET OUT IN THE EA. BECAUSE SERVICE PROVIDERS AND EMPLOYERS ARE REQUIRED BY THE EA TO MAKE REASONABLE ADJUSTMENT TO ANY PHYSICAL FEATURE WHICH MIGHT PUT A DISABLED PERSON AT A SUBSTANTIAL DISADVANTAGE COMPARED TO A NON-DISABLED PERSON. IN SOME INSTANCES DESIGNING FEATURES OR MAKING ADJUSTMENTS OUTSIDE THE SCOPE OF APPROVED DOCUMENT M. IT REMAINS FOR THE PERSONS UNDERTAKING BUILDING WORKS TO CONSIDER IF FURTHER PROVISION, BEYOND THAT DESCRIBED IN APPROVED DOCUMENT M, IS APPROPRIATE. Extensions of non-domestic buildings 0.5 EXTENSION TO NON-DOMESTIC BUILDING TREATED IN THE SAME MANNER AS A NEW BUILDING - COMPLIANCE WITH PART M. NEW REQUIREMENT M2 THERE MUST BE SUITABLE INDEPENDENT ACCESS TO THE EXTENSION WHERE REASONABLY PRACTICABLE. THE CONCEPT OF ACCESS ENCOMPASSES ACCESS FROM THE BOUNDARY OF THE SITE AND FROM ON-SITE CAR PARKING WHERE PROVIDED. 0.8 UNDER NEW REQUIREMENT M3, IF SANITARY CONVENIENCES ARE PROVIDED IN ANY BUILDING THAT IS TO BE EXTENDED, REASONABLE PROVISION MUST BE MADE WITHIN THE EXTENSION FOR SANITARY CONVENIENCES. MATERIAL ALTERATIONS OF NONDOMESTIC BUILDINGS 0.9 WHERE ALTERATION OF A NON-DOMESTIC BUILDING IS A MATERIAL ALTERATION, THE WORK ITSELF MUST COMPLY, WHERE RELEVANT, WITH REQUIREMENT M1. SUCH AS ENTRANCES OR ARRANGEMENTS FOR PEOPLE TO GET FROM ONE LEVEL TO ANOTHER WITHIN THE BUILDING, REASONABLE PROVISION MUST BE MADE FOR PEOPLE TO GAIN ACCESS TO AND TO USE NEW OR ALTERED SANITARY CONVENIENCES. THE BUILDING AS A WHOLE, INCLUDING ACCESS TO IT FROM THE SITE BOUNDARY AND FROM ON-SITE CAR PARKING WHERE PROVIDED, MUST BE NO LESS COMPLIANT WITH REQUIREMENT M1 FOLLOWING A MATERIAL ALTERATION OF A BUILDING. MATERIAL CHANGES OF USE 0.10 WHERE THERE IS A MATERIAL CHANGE OF USE OF THE WHOLE OF A BUILDING - HOTEL -BOARDING HOUSE - PUBLIC BUILDING – SHOP HE BUILDING MUST BE UPGRADED, TO COMPLY WITH M1 (ACCESS AND USE). IT SHOULD BE NOTED THAT 'SHOP' INCLUDES USE AS A RESTAURANT, BAR OR PUBLIC HOUSE. 0.11 IT NECESSARY TO ENSURE THAT: • THERE IS REASONABLE PROVISION FOR PEOPLE TO GAIN ACCESS TO THAT PART FROM THE SITE BOUNDARY AND FROM ON-SITE CAR PARKING WHERE PROVIDED, EITHER BY MEANS OF AN INDEPENDENT ACCESS OR BY MEANS OF A ROUTE TO AND THROUGH THE BUILDING; • THAT PART ITSELF COMPLIES WITH M1 (ACCESS AND USE); AND • ANY SANITARY CONVENIENCES PROVIDED IN, OR IN CONNECTION WITH, THAT PART COMPLY WITH REQUIREMENT M1: IF USERS OF THAT PART HAVE THE USE OF SANITARY CONVENIENCES ELSEWHERE IN THE BUILDING, THERE MUST BE REASONABLE PROVISION FOR PEOPLE TO GAIN ACCESS TO AND USE THAT SANITARY ACCOMMODATION, UPGRADED IF NEED BE. DEVELOPERS WILL NEED TO AGREE HOW THEY HAVE ASSESSED WHAT IS REASONABLE PROVISION WITH THE RELEVANT BUILDING CONTROL BODY. HISTORIC BUILDINGS 0.17 HISTORIC BUILDINGS INCLUDE: A. LISTED BUILDINGS, B. BUILDINGS SITUATED IN CONSERVATION AREAS, C. BUILDINGS WHICH ARE OF ARCHITECTURAL AND HISTORICAL INTEREST E. VERNACULAR BUILDINGS OF TRADITIONAL FORM AND CONSTRUCTION. 0.18 THE NEED TO CONSERVE THE SPECIAL CHARACTERISTICS OF SUCH HISTORIC BUILDINGS MUST BE RECOGNISED. THE AIM SHOULD BE TO IMPROVE ACCESSIBILITY WHERE AND TO THE EXTENT THAT IT IS PRACTICALLY POSSIBLE, ALWAYS PROVIDED THAT THE WORK DOES NOT PREJUDICE THE CHARACTER OF THE HISTORIC BUILDING, OR INCREASE THE RISK OF LONG-TERM DETERIORATION TO THE BUILDING FABRIC OR FITTINGS. BALANCE BETWEEN HISTORIC BUILDING CONSERVATION AND ACCESSIBILITY - ACCOUNT TAKEN OF ADVICE OF CONSERVATION AND ACCESS OFFICERS,ENGLISH HERITAGE OR CADW, AS WELL AS THE VIEWS OF LOCAL ACCESS GROUPS, IN ORDER TO MAKE THE BUILDING AS ACCESSIBLE AS POSSIBLE. 0.19 PARTICULAR ISSUES RELATING TO WORK IN HISTORIC BUILDINGS THAT WARRANT SYMPATHETIC TREATMENT AND WHERE ADVICE FROM OTHERS COULD THEREFORE BE BENEFICIAL INCLUDE: A. RESTORING THE HISTORIC CHARACTER OF A BUILDING THAT HAD BEEN SUBJECT TO PREVIOUS INAPPROPRIATE ALTERATION, E.G. REPLACEMENT WINDOWS, DOORS AND ROOFLIGHTS; B. REBUILDING A FORMER HISTORIC BUILDING (E.G. FOLLOWING A FIRE OR FILLING IN A GAP SITE IN A TERRACE); C. THE CHOICE OF APPROPRIATE CONSTRUCTION MATERIALS AND TECHNIQUES, E.G. MAKING PROVISIONS ENABLING THE FABRIC TO 'BREATHE' TO CONTROL MOISTURE AND POTENTIAL LONG-TERM DECAY PROBLEMS: SEE INFORMATION SHEET NO. 4 FROM THE SOCIETY FOR THE PROTECTION OF ANCIENT BUILDINGS (SPAB).