Second-hand upholstered furniture

The aim of these guidance notes is to answer some of the questions you may have with regard to the law covering the supply of second-hand upholstered furniture.

What legislation covers the sale of upholstered furniture?

The sale of both new and second-hand upholstered furniture is governed by the Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended. The legislation affects all furniture which was manufactured after 1 January 1950.

How does the legislation affect me?

If you supply second-hand upholstered furniture in the course of a business it should comply with the flammability requirements of the regulations and since 1 March 1993, it has been an offence to supply such furniture if it does not comply.

How can I tell if the furniture I sell complies with the legislation?

Any furniture supplied as new is required to have a permanent label denoting that it does comply with the regulations. The information can be given in the form of a full label or a short label. These labels are usually found on the base of the furniture or the underside of the cushions.

It is not an offence for second-hand furniture not to bear this label, but it is the only real guide traders have as to whether or not the second-hand furniture they supply is likely to comply. The alternative is to submit the furniture for test, which will destroy part of the furniture.

What information will be on the label?

The following are examples of the information to be found on the two types of labels:

1. Those giving full information:

2. The shorter label:

What should I do if furniture does not bear one of these labels?

You should be suspicious about whether or not the furniture will comply with the regulations. If in any doubt about whether it will comply you should not supply the item.

Are there articles of furniture which do not bear this label?

Yes. Mattresses do not bear this label. If you are going to supply mattresses, you should look for a blue label indicating compliance with BS 7177: 1991.

What will happen if I supply a piece of non-complying furniture?

You could be liable to prosecution. You should also remember that there are additional offences for exposing for supply and having in possession for supply non complying furniture.

What will happen if I am prosecuted and found guilty?

You could be fined up to £5000 or be sent to prison for up to six months. In some circumstances both penalties can be imposed.

Please note that this information is for guidance only and is not a full interpretation of the law which only a court of law can give.

This page was last updated on 8 December 2011