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QUESTION
I would like to submit a question for legal guidance. Our building, Grade II* listed, was refurbished as a block of flats in the 1980s. The wide landings in the common parts have flights of 3 shallow steps at regular intervals. I see that today's Building Regs recommend handrails for flights of 3 or more steps. This has never been a problem in the past and would be a major expense. Is it necessary to do such work retrospectively in a private residential building?
ANSWER
I believe that you are referring to Part K of The Building Regulations, ‘Protection from falling collision and impact’ paragraph 1.35. This requires handrails in common access areas in buildings that contain flats on each side of the flights and on each side of the landings. Although the consultation version of Part K specified that the requirement applies to flights of 3 steps or more (or 2 steps or more for buildings that contain flats) the final version provides a more general requirement that continuous handrails are required on each side of flights and on each side of landings.
The important point to note is that the Building Regulations are not retrospective and therefore only apply to new building work. There is no requirement for works to be done to ‘upgrade’ buildings to meet new regulations and you are therefore not required to install handrails on your landings.
Lauren Fraser, Associate at Charles Russell Speechly