Common roofspace - breach of compartment?

[Newboy]

I'd appreciate some advice.

As a part of fitting a new kitchen, a leaseholder in top floor flat (1980's purpose built unit 3 story residential) has cut through the kitchen ceiling and installed an over-hob extractor hood venting into the common roof-space via a flexible PVC duct.

Roof is cut roof construction with concrete interlocking tiles over felt and masonry internal walls providing compartmentalisation between the roof-spaces over the two top floor flats.

Setting aside the stupidity of venting into an internal roof-space, my chief concern is the increase in the risk of fire spreading into the roof-space. I'm trying to find which, if any B.Regs may have been breached with a view to remedying the situation - the closest I think I can get is B3 10.9 & 10.16 but not sure that they would apply in these circumstances.

The leaseholder is, to put it mildly, a PITA to deal with and I'm looking for a simple factual approach prior to the legals of trespass, breach etc.

Any advice welcome.

 

[John D v2.0]

there should be fire resistance between each flat as they are separate dwellings (I think 1 hour needed) If the ceiling into the loft is a compartment barrier, then cutting a hole without considering is not allowed unless the pipe is non combustible or sleeved correctly.

See pages 30, 36 (and others) of this document: https://www.gov.uk/government/uploa...chment_data/file/485420/BR_PDF_AD_B1_2013.pdf

 

[^woody^]

Building regs wont have been breached because they do not apply to that work.

Are you the landlord, else what is your interest in this?

 

[Newboy]

We maintain the property on behalf of the freeholder.

I had a feeling that I was clutching at straws with B.Regs!

Any other suggestions (various fire regs./legislation spring to mind)?

 

[^woody^]

The Regulatory Fire Safety Order will cover the gap through the ceiling, but it will require it to be picked up on a formal fire risk assessment first. The thing is though, it will be the landlord's responsibility (duty) to sort out, and then try and recover his costs after - as a service charge or a claim under their contract.

Otherwise it's some other contract claim under the lease.

But the above will only cover fire safety. The leaseholder could potentially just fit a fire collar and that resolves the safety aspect. The venting issue is one for the lease agreement or common law trespass.

 

[Newboy]

Thanks for that - I've come to much the same conclusions (and delighted that I'm not a landlord!)