Bannister and building regs

[paul53]

I am the landlord of a house that I rent out.
A new tenant has just moved in and is complaining that the balustrades (uprights) of the stair bannister exceed 100mm according to the Part K of the building regs.
None of the past tenants have mentioned this before.

As this balustrade was like this when I bought the house 8 years ago I was wondering if building regs were retrospective or they just apply to new builds?
ie they would apply if I ripped this balutrade out and replaced it with a new one but do not apply if built before the regs came into force.

I am also having trouble finding part K regs to download off the web - all the ones I found seem not to load for some reason.
Could anybody point me in the right direction for a good copy that I can download.

Thanks

Paul

 

[noseall]

"A 100mm sphere must not pass through any gap in the spindles", blah blah blah.

I guess if the tenants' baby gets his head stuck and is throttled to death and you were made aware then i suppose you need to make changes.

 

[HERTS P&D]

Have the spindles covered in hardboard.

Job done at little cost.

Andy

 

[freddiemercurystwin]

The regs are not retrospective and the balustrades need only to comply with the regulations that were in place at the time of its construction. Assuming they are existing that is.

Download a copy here: http://www.planningportal.gov.uk/uploads/br/AD_K_wm.pdf

 

[paul53]

Thank you.

As the house is an old terraced, well over 120 years old, I doubt that building regs even existed then (or did they?)

The original spindles (better name than my balustrade) have been replaced at some time with 1/2" timber cut into shaped spindles and varnished.
I suspect that this work was likely done around the 70's as it is that sort of style.

I like your suggestion of just boarding it over.

I am not quite sure why the new tenant is complaining of this as he does not have children and he certainly could not fit his head through the existing gaps.

Thanks for the link - I got that one working (I suspect it may have been my work computer not loading it properly)

If this works it should be a photo of the stairs

Untitled

• paul53
• 25 Sep 2012
• 1

The spindles appear to be slotted into each stair tread and, as you can see in the photo, there is one per stair tread.

 

[noseall]

Having seen the photo i need to re-phrase.

Get it sorted before a child falls through one of those enormous gaps!

There are usually two spindles per tread!!

 

[Karis]

I find your post & attitude just unbelievable & they are quiet justified in complaining, especially if there is a similar landing space. If you’re going to be a landlord, at least be a responsible one & for what it will cost you to correct, get it sorted ASAP.

They may not have children themselves but what about visitors, assuming you allow them!

 

[^woody^]

Irrespective of building regulations, as landlord you are still liable in negligence if your tenants, or visitors injure themselves because of the ballustrade - DPA 1972

In fact, in any claim, the building regulations will be referred to as a minimum standard which any "good landlord" would be expected to adhere to

 

[paul53]

Why is my post unbelievable?

I was asking about building regs and if they applied to items built before the regs came in place.

As you say, I am a landlord - not a builder so I am not familiar with such regulations.

I have had the property for 8 years and in that time I have had 7 different tenants - 3 of which have had small children - and the fact that these spindles are not safe has not even been mentioned by the previous tenants nor has it even occurred to me before now.

The top of the stairs is a small landing with 3 doors. The only spindles are what you see in the photo.

As I mentioned earlier, the house is 120 year old and there are probably numerous things that do not meet modern building standards.
For instance, I believe that modern stairs have to be a certain angle with a minimum of headroom to the ceiling with the steps a specific width.
These stairs certainly do not meet modern standards as they are very steep compared to modern stairs and the steps are a lot narrower.
You almost have to duck when going up them.

The other members that have replied have been very helpful with the information that they have given and now that the safety issue has been pointed out to me I do intend to do something about it.

Thank you.

 

[tony1851]

As Hertsdrainage suggests, bang some hardboard over it (on the stair side) so that it doesn't look nice from below but satisfies safety issues.
Problem is, you have a tenant from hell and soon they will be complaining about this, that and the other. If the stairs are steeper than 42 deg.,be prepared to put in a new staircase. Oh, and while you're at it, cut the upstairs floor back to give 2m clearance so that he doesn't bang his pretty little head.

 

[big-all]

heeelllooo paul53 and welcome

if a repair[like for like] takes place then the regs as appropriate when fitted apply
by this it means the origional stairs unalltered but repaired in the origional fashion will be the regs at time off build

if its an alteration the regs applicable at time off alteration is applicable
if its a remod/alteration/bring up to date then up to date regs apply

but having said that the regs for letting properties override the building regs in the same way if you use a 1960s bus on a school run it must comply with modern regs as the present situation [regulations] apply as its a commercial situation rather than a domestic

 

[freddiemercurystwin]

but having said that the regs for letting properties override the building regs in the same way if you use a 1960s bus on a school run it must comply with modern regs as the present situation [regulations] apply as its a commercial situation rather than a domestic

Sorry big-all but that's cobblers. Whilst landlords have a duty of care they are not obliged to bring everything up to modern regs standards.

 

[big-all]

but having said that the regs for letting properties override the building regs in the same way if you use a 1960s bus on a school run it must comply with modern regs as the present situation [regulations] apply as its a commercial situation rather than a domestic

Sorry big-all but that's cobblers. Whilst landlords have a duty of care they are not obliged to bring everything up to modern regs standards.

cobblers very polite thank you

ok the point i am making is in general things are as the building was as new but modern regs override most from a safety point off veiw

if i am wrong please correct the specific points as -- i am still learning--

 

[paul53]

I must admit, I have found what freddymercurystwin says to be correct in the past and I have gone more along the safety route.
I have a cetificate of compliance for the electrics, Gas landlord certificate etc.

It was just that this matter of the stairs had not even cropped up before now so I was not even aware of the problem.

I will certainly go down the boarding in route as this seems to be the easiest to solve the problem.

Thanks once again to everybody for their advice.

 

[^woody^]

but having said that the regs for letting properties override the building regs in the same way if you use a 1960s bus on a school run it must comply with modern regs as the present situation [regulations] apply as its a commercial situation rather than a domestic

Sorry big-all but that's cobblers. Whilst landlords have a duty of care they are not obliged to bring everything up to modern regs standards.

Big-all is correct.

Whilst b/regs do not apply retrospectively and there is no requirement under the Building Act to bring property up to new regulations, this is irrelevant when it comes to other legislation.

The Building Act is just one of many laws, all safety related, of which there needs to be compliance. As I mentioned above, the DPA 1972 is just one of several other statutes, which can puts a much greater onus on the building owner, to ensure the property is safe.

The fundamental part is that whilst the b/regs may not require the banister, or any other part of the house to be compliant with the latest regulations, other legislation may require conformaty to b/regs standards. Even when the b/regs do not apply, they can be, and are used as a minimum standard for other legislation