The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (As Amended 1993)

The Furniture and Furnishing (Fire) (Safety) Regulations 1988 (and amended in 1989 and 1993) came into effect on 31st December 1996, setting levels of fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery.

It is an offence to supply certain furniture in the course of business unless it complies with the regulations (all furniture purchased since 1990 should comply, if it does, it will have had a safety label attached to it at the point of sale).

The exceptions to the legislation are:

• Any furniture made or re-upholstered before 1950
• Any furniture in a property which the landlord regards as his/her home and which is let on a one-off short-term basis (whilst, for example, he/she is temporarily working away from home). On the other hand, a much longer let or series of lets where the
• Landlord views the property’s primary purpose as a source of income, rather than his/her residence, is likely to be considered a business activity (DTI guide, page 5) and therefore, the furniture must comply.
• Sleeping bags, bed linen (including duvets), pillowcases
• Loose covers for mattresses
• Curtains
• Carpets

Items covered by the regulations are:

• Furniture intended for private use in a dwelling, including children furniture
• Beds, headboards of beds, mattresses (of any size), pillows, sofa beds, futons and any other convertibles
• Nursery furniture
• Garden furniture which is suitable for use indoors
• Loose and stretch covers for furniture
• Scatter cushions and seat pads

The Gas Safety (Installation & Use) Regulations 1988

Any person letting their property must ensure that all gas appliances or installation pipework in that property is maintained in a safe condition to prevent risk of injury. All such appliances and pipework must be checked annually by an approved CORGI registered contractor and a report obtained – ‘The Gas Safety Record’, this record must be kept for at least two years. The tenant must be given a copy of the record within 28 days of the inspection being carried out. However with a new tenancy the tenant must be given a copy of the Gas Safety Record at the time the take occupation. If found guilty of non-compliance the landlord will have a criminalrecord and face a fine, imprisonment or both. Should a tenant die the charge would be manslaughter. It is important that you check the record when receiving it from the CORGI contractor to ensure that all gas appliances are listed on the record and that they have been passed as safe.

Electrical Equipment (Safety) Regulations 1994

The Electrical Equipment (Safety) Regulations 1994 state that any electrical items supplied by a landlord should be safe and tested by a qualified electrician; this includes the mains supply, all portable appliances, and fixed appliances like cookers and immersion heaters. The penalty for non-compliance is a fine or imprisonment. Therefore, appropriate ongoing checks should be made and reported defects addressed. Five-yearly checks of electrical installations are recommended, and these should be completed in addition to fixed annual wiring short reports and annual portable appliance tests.

In accordance with Part P of the Building Regulations (Electrical Safety in Dwellings), works, repairs and maintenance on electrical installations must be carried out by a competent person who is registered with an Approved Competent Persons Scheme.

Bpl code of standard: In the light of the trend in recent legislation and case law we require that the mains electrical system is checked by a NICEIC registered electrician prior to letting and will be happy to arrange this on your behalf under the terms of the Property service contract.

Smoke Detection Act 1991

This act makes it mandatory to fit mains powered smoke alarms in new residential buildings – one on each floor. Whilst it is not a requirement in older properties it is good practice to install smoke alarms in all instances.

Bpl code of standard: In view of the heightened risk of fire in rented accommodation we require all properties to be supplied with sufficient smoke detectors and fire blankets in the kitchen. Where a property is occupied by a group of 3 or persons forming a house in multiple occupancy, further safety provisions may apply and which we are happy to advise you on.

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