Fire and smoke alarms in Scottish homes

While the catastrophic blaze that ripped through Grenfell Tower in the early hours of 14 June 2017 with the loss of 72 lives is the subject of an ongoing public inquiry, there have already been legislative responses to the tragedy both north and south of the border. With the issue of cladding perhaps being the main focus of public attention, significant changes to the legal requirements for fire detection in Scottish homes may have slipped under the radar.

What might the impact be for policyholders and insurers of any ultimate differences in approach at the Holyrood and Westminister parliaments?

Under the Scotland Act 1998, housing and building standards are a matter devolved by the UK Parliament to the Scottish Parliament. In the aftermath of Grenfell, Scottish government working groups were set up leading to the passing of the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019. While new homes, those undergoing renovation and rental properties are already required to meet certain standards for fire and carbon monoxide detection, the new legislation requires every Scottish home to meet fairly stringent standards. It is estimated that the average cost of installing the required equipment in a three bedroom home will be £220.

What are the new requirements?

The new Scottish requirements are for “one smoke alarm installed in the room most frequently used for general daytime living purposes, one smoke alarm in every circulation space on each storey, such as hallways and landings and one heat alarm installed in every kitchen.”

The guidance issued by the Scottish Government is also prescriptive on the type of alarms that all homeowners must now install: “If you choose battery alarms, they must be tamper proof long-life lithium battery powered and must be capable of being interlinked. The carbon monoxide alarm must have a sealed battery for the duration of its operational lifespan, which may be up to 10 years. If you are using an electrician to install alarms, you can also seek their advice on what alarms to buy as some may include alarms as part of their service. Once you have chosen which system to install, choose a reputable brand, make sure the packaging clearly displays compliance with BS EN14604:2005 for smoke alarms and BS 5446-2:2003 for heat alarms…”

The Scottish Government guidance also issues a particular warning to homeowners that Google’s Nest Protect System does not meet the standard for the required heat alarm in kitchens.

Scottish local authorities will be responsible for requiring home owners to bring their properties up to the new “minimum standard” and compliance will form part of the Home Report (survey) produced on the sale of properties. Originally, the new standard was due to come into force in February 2021 but because of concern on a lack of public awareness and the impact of COVID-19, the implementation date was extended to February 2022.

Concern as to the ability of all Scottish homeowners to meet the cost of bringing their homes up to the new required standard led to the Scottish Fire and Rescue Service being allocated £1m of funding to install alarms in homes assessed as high risk.

What is the likely impact fo these new regulations? 

If there is widespread compliance with the new regulations we should see a reduction in the risk of loss to fire of both life and property in Scotland but with local government funds already under significant pressure will sufficient resource be made available to enforce the new standard? Will home owners delay incurring the cost of these upgrades in the absence of such enforcement? The reaction of household insurers writing business in Scotland in terms of policy wordings, renewal questions and pricing may ultimately prove to be a significant driver for compliance with the new standard.

The Scottish Parliament has not gone so far as to require fire detection in stairs and communal entrance halls of blocks of flats. There is also no need for flats in a block to have interlinked alarms.

Aside from legal enforcement issues, interesting questions could arise for Scots civil law in a situation where a fire starts in a flat where the owner has not complied with the new standard and where a number of other properties in the block are damaged or destroyed due to delayed detection. It could be argued that breach of the 2019 Order is evidence of failure by the non-compliant flat owner to meet the common law standard of reasonable care. Property in Scotland is not held on a freehold / leasehold basis and often, particularly in traditional tenement buildings, the owner of each flat will have a separate buildings policy. Subrogated claims on behalf of insurers of the other flats in the building may be directed towards the offending home owner. Even if the flat is tenanted, the obligation remains with the home owner to comply with the new fire detection standard.

Looking ahead 

As well as Scottish legislative activity on fire detection, legislation to reduce potential causes of fire is also in the sights of the Scottish Parliament. Last year, a Scottish Government consultation on the regulation of electricians in Scotland was launched with the aim of addressing a perceived persistent electrical work rogue trader element considered to materially increase the risk of fire damage and electrical shock injuries. Uniquely Scottish legislative options, however, may be limited because of the Internal Market Act 2020 which provides that where provision of a service is regulated across the UK, the authorisation for that service in one part of the UK will be recognised in all other parts.

Meantime, policyholders and insurers should take advantage of the delayed implementation of the new Scottish fire detection standards and make sure that they are fully prepared for February 2022 when the new Scottish legal requirements on fire and smoke alarms in all Scottish homes take effect. 

This content was written by BLM prior to its merger with Clyde & Co.