FAQ's on Enforcement & Relevant Notices 

There are three relevant notices:

  • Alterations Notices
  • Enforcement Notices
  • Prohibition Notices

What are relevant notices?

"Relevant notice" is any notice issued by any enforcing authority which is required by the Environment and Safety Information Act 1988 to be entered into the public register of notices. Under the Regulatory Reform (Fire Safety) Order 2005 there are three relevant notices these are; an enforcement notice, an alterations notice and a prohibition notice.

What is an enforcement notice?

An enforcement notice is a document which is sent to the responsible person from a fire authority stating that the enforcing authority (fire service) is of the opinion that the responsible person or any other person as is applicable has failed to comply with any provision of the Fire Safety Order 2005 or of any regulations made under it.

What is an alterations notice?

An alterations notice is a document which is sent to the responsible person from a fire authority stating that the enforcing authority (the fire and rescue service) is of the opinion that the premises constitute, or may constitute, a risk to relevant persons if a change is made to them or the use to which they are put. The notice must state that the enforcing authority is of the above opinion, and, specify the matters which constitute such a risk. Where a notice has been served the responsible person must notify the enforcing authority of any proposed changes.

What is a prohibition notice?

If the enforcing authority is of the opinion that use of premises involves or will involve a risk to relevant persons so serious that use of the premises ought to be prohibited or restricted, the authority may serve on the responsible person or any other person mentioned in article 5(3) a notice (in this Order referred to as a 'prohibition notice').

Who is a relevant person?

A relevant person means any person (including the responsible person) who is or may be on the premises, and, any person in the immediate vicinity of the premises who is at risk from a fire on the premises.

Who is the responsible person?

In the workplace it would be the employer, if the workplace is to any extent under his/her control. In any other premises, then it would be the person who has control of the premises or the owner (as occupier or otherwise) where a trade, business or other undertaking (for profit or not) is carried on.

If I receive a relevant notice what must I do?

You have 2 options

Comply with Notice – If you fail to comply with the notice you will be in breach of the requirements of the notice and as such under Article 32 (1) (d) have committed an offence under the Fire Safety Order 2005.

Appeal the Notice - This must be done within 21 days from the day on which the notice is served, and made to the magistrates court. (the details of this are provided in the body of the notice).

What happens to the notice when you appeal?

If you appeal an enforcement or alterations notice it will suspend the notice until the appeal has been finally disposed of, or withdrawal of the appeal.

This will provide three possible outcomes:

  • The notice may be cancelled - (the notice is not in force)
  • The notice may be affirmed - (must be complied with)
  • The notice may be affirmed with modifications - (comply with the amended version)

A prohibition notice is different in that on an appeal the notice will remain in force unless the court directs the suspending of the notice. The court may cancel or affirm the notice with the same outcomes as for the enforcement and alterations notice above.

What happens when I get a letter stating that I am under investigation?

Essentially the fire and rescue authority will investigate the information regarding the apparent breaches of fire safety law to determine whether an offence or offences have been committed, if this proves to be the case then the service will gather information to enable a prosecution to be taken against the alleged offender.

What happens if the fire and rescue authority intend to take a prosecution against me?

Following the investigation into the apparent breaches of fire safety law where a decision has been taken to pursue a prosecution against the alleged offender, the fire and rescue authority will, within 5 to 10 days of that decision being made, write to the alleged offender informing him of that decision and that he will receive details in connection with this matter in due course.

         Contact Details 


South Wales Fire & Rescue Service

Forest View Business Park
LLANTRISANT
CF72 8LX

Tel: 01443 232000
email:
firesafety@southwales-fire.gov.uk

Report a Fire Safety Concern

Have you recently visited a building where you were concerned about the Fire Safety Precautions or management - if so complete the online form to report your concern or contact us:

Phone on 01443 232716 (Normal Working Hours) or 01443 232000 (24 hour number).

Page Last Updated on 15/12/2011
SWFRS