Questions & Answers
Will a property management company be responsible for potential fire hazards in properties?
Dear Lawyers,
Our company holds a property management license in Dubai, UAE. Recently, we entered into a management contract with the landlord of a certain building under our supervision.
It has come to our attention that there are "partition" housing units within the building. We are aware that these partitions exist and have identified them as potential fire hazards.
In the unfortunate event that a fire does break out, we seek clarification on the matter of responsibility. Specifically, we need to understand who would be held accountable and potentially face imprisonment under such circumstances.
Will our company be held responsible along with the managers under the license?
Your guidance on this matter would be greatly appreciated to ensure we are fully compliant with local regulations and take appropriate actions to mitigate any risks.
We can assist you with the review of the documents and provide you with written legal advice.
We might need the following documents:
1. Trade license of your company.
2. Management contract signed with your client for managing the property.
Is the client aware of the situation regarding the use of partitions and do they accept it?
Does the agreement between your client and the developer prohibit renting the unit with partitions?
Does your client hold an insurance policy for the unit? Does your company hold an insurance policy?
Once this information is provided, we will be able to analyze your legal position, your company's responsibilities, the responsibilities of the managers, and advise on the next steps to protect your company.
Dear Questioner,
The landlord holds primary responsibility for the building's safety and compliance with fire regulations. This includes ensuring no illegal partitions exist that could exacerbate a fire situation.
As a licensed property management company, you could face shared liability in case of a fire involving illegal partitions.
You were aware of the illegal partitions and failed to report them to the authorities or take reasonable steps to urge the landlord to remove them.
We will discuss the complexities in detail.
Kindly share your WhatsApp number to proceed.
Yes, the manager and company will both be accountable if it is due to negligence.
Hello,
If the barriers could cause fires in the property, you must notify the municipality and civil defense to prove the case and release the company from responsibility in the event of future problems.
Our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a 15-minute session.
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Jasim Al Haddad Law Firm
Legal Counsel and Consultations
In the event of a fire breaking out in the building and causing harm to the occupants or property, responsibility for any potential fire hazards, including the partition housing units, may fall on the building owner, property manager, and any other related parties.
As a property management company, you have a duty of care to ensure the safety and well-being of the occupants in the building.
This includes identifying and addressing potential fire hazards such as the partition housing units. If it is found that the fire was a result of negligence on your part, you may be held accountable and face legal consequences.
It is important to thoroughly review the terms of your management contract with the landlord to understand the extent of your responsibilities and liabilities in relation to fire safety.
Additionally, it is advisable to consult with legal experts or fire safety authorities in Dubai to ensure that you are fully compliant with local regulations and take necessary actions to mitigate any risks.
It is always better to be proactive and address any potential fire hazards promptly to prevent any unfortunate incidents from occurring.
Your cooperation and diligence in this matter will demonstrate your commitment to the safety and well-being of the occupants in the building.
Hello,
As per your query, please note that the responsibility shall be as per the contract with the landlord (if any).
If the building is used in a commercial manner, then the building should be covered by fire insurance.
Also, if there is no fire insurance for the building, then as per the scenario and evidence, there are chances that the management company shall be liable for the fire incident.
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