QUESTION
The directors of our Property Management Company refuse to let flat owners/ shareholders see a copy of the Fire Risk Assessment? (Private Block) Is this correct?
ANSWER
In the context of a private residential leasehold property there is no statutory requirement that obliges the person responsible for carrying out a building’s fire risk assessment to disclose it to a leaseholder/shareholder. Managing agents may have their own rules concerning disclosure of such reports and enquiries can always be made of them as appropriate.
However a leaseholder should also check the terms of their lease for any provision (however unlikely that may be) that obliges their freeholder/management company to disclose such a report.
A shareholder should consider what rights may arise under the Articles of Association of the company, the size of their shareholding and potentially under the terms of any shareholders’ agreement that may be in existence.
Stuart Merrison, Senior Associate at Bishop and Sewell LLP
