Can an internal non-loadbearing wall in a flat be removed?

Sometimes non-loadbearing walls in flats are constructed to provide a safe route to evacuate from inside in the event of a fire. Generally, there is little opportunity for rescue from flats via upper floor windows in the same way for occupants of a typical house. Evacuation from bedrooms where people are asleep are of particular concern. 

A fire in the living space of a flat could trap someone sleeping in a bedroom with no possibility of escape if the evacuation route from the bedroom must pass through the living space. Many flats have an entrance hall which allows the escape route from the bedroom to be separated from the living space. 

This protected entrance hall has fire resistant walls and doors to allows sufficient time to evacuate. The fire doors are not usually self-closing, as is found in non-domestic buildings, and the integrity of the enclosure relies upon the occupant to shut the doors before they go to sleep.

Instead, smoke should leak past the door edges and set off the smoke detector in the entrance hall to alert the occupants and allow them to escape.

There are solutions available to allow the bedroom to open directly into the living space, but this typically involves the installation of an active fire suppression system such as sprinklers. Also, where the bedroom is part of the living space in a small flat there may not need to be any internal walls other than those enclosing the bathroom.

Any proposal to remove a fire-resistant wall from the inside of a flat will require a building regulations application irrespective of whether it is a loadbearing wall or not. 

There are usually non-loadbearing walls in a flat that do not need to be fire resistant and can be removed without notifying the local authority building control department, but it is recommended that you check with a suitably competent professional, such as an architect, to identify the performance of the wall before determining whether it can be removed or requires approval. 

This is particularly important where the presence of a fire-resistant wall may not be immediately apparent. In some circumstances kitchens are enclosed in fire resistant walls and fire doors.

Identifying a wall used to separate alternative escape routes (as shown in the example below) can take significant investigation to determine its location.

It is important that all fire-resistant walls in flats are not breached by cutting holes in them or by the provision of sockets or switches, for example, without suitable fire protection being applied. Recessing equipment, such as television screens into plasterboard fire resistant walls can affect both the fire performance and if a separating wall between different flats, the acoustic performance of the wall, detrimentally. 

Disclaimer:  

Every care has been taken to ensure that the above content is correct at the time of publication.  Any reliance on the content should be verified by the dutyholder(s) and their professional advisers.  It is the responsibility of the dutyholder(s) and/or person carrying out the work to ensure compliance with the relevant building regulations and associated legislation.

This content is given in good faith by LABC.  It is not definitive, and compliance will be a matter for the relevant building control authority to decide as the enforcing body for the building regulations, and ultimately for the appropriate tribunal or court to determine.  

LABC – Application and use of Member Guidance Notes   LABC is a membership organisation, providing guidance and support to its member local authorities around England and Wales. LABC is unable to comment on the application and enforcement of the Building Regulations or other building safety related legislation to a particular proposal, as this is a matter for the local authority in whose jurisdiction the building work is being carried out or, in the case of High-Risk Buildings (HRBs), the Building Safety Regulator (BSR) and for the courts to rule upon.