With large numbers of waking watches still in place in residential blocks of flats – 1,308 being in place in May 2024 in London alone – what do you really need to know about them?
What is a waking watch?
A waking watch is a 24-hour fire safety surveillance system where trained personnel continually patrol the internal floors and external perimeters of a building to guard against fire risks, by raising the alarm if they detect a fire and managing the evacuation of the building.
Since the coming into force of section 114 of the Leasehold and Freehold Reform Act 2024 on 31 October 2024, a waking watch is considered an interim remediation measure which mitigates the effects of a relevant defect, pursuant to paragraph 1(1) of Schedule 8 of the Building Safety Act 2022, by preventing a building safety risk from materialising or reducing the severity of any such incident.
Why would a waking watch be in place?
A building will have a waking watch in place if the building has cladding which is deemed to be dangerous or other fire safety issues which are serious enough for the building's fire safety policy to require a full evacuation instead of a Stay Put Strategy. It is normally put in place whilst either the relevant defect is remedied in its entirety (e.g. the cladding is replaced) or whilst another interim measure to allow for full evacuation is installed, such as fire alarms.
Who bears the costs?
With the building safety regime being largely against the passing of the costs of remediation to leaseholders, the cost of a waking watch was previously one of the few elements that could be recoverable under a service charge. However, the Upper Tribunal reminded landlords in Radcliffe Investment Properties Ltd v Meeson (2023) that any costs attributable to a landlord's failure to comply with its obligations (in this instance, to carry out a proper fire risk assessment under article 9 of the Regulatory Reform (Fire Safety) Order 2005) means the costs cannot be passed on. In that case, had a fire risk assessment been carried out, it would have identified a water leak before it disabled a fire alarm panel and so "had the landlord complied with the law, no waking watch would have been required".
However, since 31 October 2024, the scope of "relevant steps" under section 120 of the BSA 2022 is now wide enough for a waking watch to be classed as an interim remedial measure. The costs therefore can be included within a Remediation Order or Remediation Contribution Order, as demonstrated by Triathlon Homes LLP v Stratford Village Development Partnership, Get Living Plc and East Village Management Limited (2024).
Nonetheless, the lesson in Radcliffe still stands – landlords should make sure they adhere to all of their fire safety responsibilities as they arise so that any opportunity to pass the costs to other entities (such as the building's original developer) under a Remediation Contribution Order are not lost.
Where a landlord seeks to pass the costs of a waking watch to leaseholders in a building which is not subject to the rules of the BSA 2022 (e.g. if it is under 11m in height), they should remember that the usual service charge rules regarding reasonableness and Section 20 consultations still apply.
Where should those bearing the costs look for financial help?
The monthly cost of a waking watch (charged at hourly rates of £12-30) is not small and additional expenditure, such as for temporary office units, toilets, and radio/telephone systems, quickly adds up. In England, the monthly cost averages at £17,897 per building (£331 per dwelling), rising in London to £20,443 per building (£499 per dwelling).
The government's guidance emphasises that a waking watch should only be used in "exceptional circumstances" and "for the shortest period possible while an alarm is installed". Therefore, government funding has focused on incentivising landlords to install industry-standard fire alarm systems to negate the need for a waking watch. The Waking Watch Relief Fund initially allocated £35million to 18m+ residential buildings on a first-come, first-served basis, to cover the upfront costs of installing an alarm system where a waking watch was in place. The following rounds of applications (the last of which closed in December 2024) added a further £47.6million under the Waking Watch Replacement Fund and extended the eligibility to buildings of all heights.
As well as keeping an eye on when the next round of Fund applications opens, those with an interest in a building with a waking watch should take care to ensure the number and hourly rates of the waking watch employed are proportionate to the size and location of the building.
The underlying lesson: landlords should not neglect their fire safety responsibilities even once a waking watch is implemented. At its core, a waking watch is designed to be a temporary measure and should not be used as a crutch on which to relax without planning for, funding and completing the final remedial works required.
