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Balcony safe use policy

1. Legal Requirements 

1.1. Under the Regulatory Reform (Fire Safety) Order 2005 (RRFSO), Waverley has responsibilities to reduce the risk of fires starting, reduce the risk of fires spreading and to implement measures that ensure safe means of escape are provided. 

1.2. The Fire Safety Act 2021 clarified article 6 of the RRFSO, which under article 6(1A)(b) clarified that responsible persons should consider anything attached to the exterior of premises within their fire risk assessment.     

2. Scope     

2.1. This policy covers all buildings owned or managed by Waverley Borough Council and should be read in conjunction with the Fire Policy and Fire Risk Assessment Procedure. 

2.2. The purpose of this policy is to ensure that Waverley complies with its obligations to ensure balconies, communal corridors and walkways are kept clear of obstructions, ensuring that occupiers can safely evacuate the building in the event of a fire. 

2.3. The purpose of this policy is to also reduce the risk of fires starting or spreading within balconies and communal walkways, by ensuring combustible materials are not being stored.

3. Responsibilities 

3.1. The responsibilities of employees and other parties are set out in Appendix 1.

4. Policy 

4.1. Acceptable Items 

The following will be allowed on balcony areas, noting any requirements specified:

  • Plant pots - provided they are stored on the balcony surface and not hung, stood or fixed to railings, and are made of non-combustible material such as metal, terracotta etc. Ensuring plants are kept alive and watered to avoid introducing flammable materials.
  • Clothes rail or line- provided this is within the confines of the balcony and not hung outside the balcony area.
  • A small table and chairs- so long as these don’t clutter the balcony area.

4.2. Prohibited Items     

The following items will be prohibited from being stored on balconies. This list is not exhaustive, other items may be considered unsuitable, and Waverley Borough Council reserves the right to request items that pose a fire risk be removed. 

  • Barbeques, patio heaters and gas canisters.
  • Wooden or paper products inc. picture frames and other combustible items hung on walls.
  • Electrical items.
  • Rubbish.
  • Cooking oil. 
  • Flammable decorating materials inc. white spirit spray adhesives etc. 
  • Motor oil, petrol or diesel.
  • Structures such as sheds or gazebos.
  • Furniture, including plastic and upholstered furniture. Other than the small table and chairs as outlined above.
  • Any items hung or stored outside the confines of the balcony.

4.3. Prohibited Behaviour 

In addition to the above, the following behaviour will not be accepted on balconies. 

  • Light fires on your balcony, including barbeques.
  • Use an outdoor or patio heater.
  • Discard of cigarettes carelessly, these should be disposed of safely and in suitable container, and should not be thrown over side of balcony.
  • Store excessive belongings on balcony that could restrict your escape or add to the fire load of the building.
  • Hang any belongings over the railing of the balcony.
  • Affix screening material such as bamboo or straw to the railings, any screen should be non-combustible e.g. metal.
  • Store items in such a way that they could fall off the balcony.
  • Setting off fireworks.

5. Monitoring 

5.1. Balconies will be monitored by the Community Development Officers, Housing Management Officers and Compliance Officer (Fire Safety) to identify any breaches. 

5.2. Where breaches have been noted, a letter will be sent to residents requesting they remove any offending items. 

5.3. Where there is evidence of repeat offending, this will be escalated to the Housing Management Officer for tenants or the Homeownership Officer for leaseholders, as a breach of the tenancy or lease agreement respectively. 

6. Author and Feedback 

6.1. This policy was drawn up by Drew Roberts, Compliance Officer (Fire Safety), Housing Property Services Team. 

6.2. The Council welcomes comments and feedback on its Housing procedures. Please contact the Housing Property Services Team.     

7. Date of Implementation and Review 

7.1. This policy was implemented in July 2026. 

7.2. This policy will be reviewed by the Compliance Officer (Fire Safety) one year after commencement, unless there is a significant change in legislation in which case it may be reviewed earlier. 

8. Budget Planning and Management 

8.1. An annual budget has been set aside for the management of fire safety within our portfolio.  

9. Legislation 

9.1. We will ensure we comply with the legislation and guidance and will remain up to date with any changes in legislation, guidance, and best practice. 

The following legislation has been considered: 

  • Regulatory Reform (Fire Safety) Order 2005.
  • Fire Safety Act 2022.
  • Anti-Social Behaviour, Crime and Policing Act 2014.

Appendix 1 - Duties and Responsibilities for Staff

Role Responsibility
Head of Housing Operations
Housing Portfolio
Devolved Duty Holder Responsibilities

Is responsible for:

  • The implementation of this procedure within their Service.
  • Ensuring that all obligations of the Council with regard to Housing properties are met.
Property Services Manager
Housing Portfolio
Key Role Devolved Duty Holder Responsibilities

Is responsible for:

  • The implementation and adherence to this procedure within their Team and reporting non-compliance to the Head of Service.
  • To provide oversight of Health & Safety issues for the Housing portfolio to ensure that this procedure is robustly followed.
  • Nominating a member of the Property Services Team to be responsible for the implementation  and  monitoring  of  the  Council’s  Fire Safety Policy and associated procedures.
  • Ensuring that a programme of fire risk assessments and re-inspections are undertaken and remedial works completed.
  • Monitoring best practice and innovation in order to ensure that fire safety arrangements remain current and up to date with developing technical standards.
Appointed Person for a building (Housing and Corporate Portfolios) 

Is responsible for:

  • The implementation of this procedure within their premises.
  • Ensuring they carry out any actions attributed to the Appointed Person in set procedures.
  • Ensuring that any fire risks they become aware of are suitably reported.
  • Reporting any concerns with the management of fire safety in the premises to their Head of Service.
  • In the case of sub-let buildings, ensure that lessees meet their obligation with regard to the management of fire safety.
Surveyors, Inspectors, building maintenance workers and other contractors who work on the fabric of the building 

Are responsible for:

  • Ensure Construction (Design & Management) Regulations are adhered to and sufficient fire risk information is included within construction project Health & Safety files.
  • Ensuring that any major works or planned maintenance project takes into account fire safety risks and resultant measures required to mitigate risks.
  • Reporting any concerns relating to the building to the appropriate Responsible Person or their council contact in the relevant property team.
  • Adhering to/acting in accordance with this procedure and ensuring contractors do the same.
Regulatory Compliance Manager
Responsible Person 

Is responsible for:

  • Overseeing and monitoring fire safety arrangements.
  • Developing and maintaining the Council’s Fire Safety Policy and associated procedures.
  • Monitoring effectiveness of the Policy and Procedures.
  • Periodic reporting of performance to the Council’s Executive Director, Members and Executive.
  • Advising the Council’s Executive Director, Directors and Managers on fire safety matters, any shortcomings in the Council’s fire safety arrangements and, where applicable, new mitigation measures that are required.
  • Monitoring best practice and innovation in order to ensure that fire safety arrangements remain current and up to date with developing technical standards.
  • Ensure Construction (Design & Management) Regulations are adhered to and sufficient fire risk information is included within construction project Health & Safety files.
  • Fire-related discussions with enforcement agencies and stakeholders.
  • Developing and maintaining a programme of fire risk assessments, re-inspections and remedial works.
  • Tracking and reporting implementation of the fire risk assessment programme, risk mitigation measures and adherence to fire safety arrangements.
  • Reviewing and monitoring the competence and performance of consultants engaged to undertake fire risk assessments.
  • Developing, publishing and distributing fire safety guidance for residents.
  • Assisting in periodic fire safety inspections and where applicable, contractor compliance audits in conjunction with service area managers.
Compliance Officer

Is responsible for:

  • Ensuring delivery of annual fire risk assessment review programme and arranging resultant remedial measures.
  • Deputising for the Compliance Manager by undertaking duties as appropriate and upon delegation.
  • Monitoring of council owned buildings to ensure evacuation routes are kept clear.
  • Liaise and communicate with tenants to remove items.
Community and Estates Officers

Is responsible for:

  • Conducting frequent inspections of housing flat blocks, ensuring they are kept clear of tenant belongings.
  • Liaise and communicate with tenants to remove items.
  • Conducting regular clearances of flat blocks, removing items that tenants have failed to remove.
  • Work with wider housing service to identify improvement works that would facilitate safer flat block usage.
Housing Management Officers/Home Ownership Officer

Is responsible for:

  • Liaising with tenants/leaseholder that have repeatedly failed to remove belongings from communal areas.
Fire Risk Assessment Consultant

Is responsible for:

  • Undertaking Fire Risk Assessment of Council properties.
  • Specifying remedial works and actions so that the Council can arrange remediation.

 

  • Owned by: Compliance
  • Created: July 2026
  • Landlord Services Advisory Board approval date: 30 July 2026
  • Date for review: July 2027