Trading standards leaflets

Selling safe used furniture

Upholstered furniture is subject to stringent safety standards. Regulations cover the flammability of upholstered furniture (including beds, sofa beds, cots, cushions, and mattresses) and both new and used furniture has to comply.

In general, the safety provisions require that upholstery must pass the cigarette test, fillings must be fire retardant, and the covers must pass the match test. Upholstered furniture and mattresses that meet the requirements of the Regulations should carry permanent labels.

In the guide
The legislation
How to tell whether furniture complies
Penalties

The legislation
Under the Furniture and Furnishings (Fire) (Safety) Regulations 1988, used furniture must meet the same stringent standards as new furniture on sale in the shops.

The Regulations apply to furniture that is intended for private use indoors, including beds, divans, sofa beds, children's furniture, cots, cushions, high chairs, mattresses and pillows. They also cover outdoor furniture that is suitable for indoor use (such as upholstered dining sets for use in conservatories and gardens).

As stated above, the safety provisions require that upholstery must pass the cigarette test, fillings must be fire retardant and the covers must pass the match test. However, some of these requirements are relaxed or varied for mattresses, bed bases, pillows, cushions and insulated bags for carrying infants under the age of six months.

Furniture made before 1 January 1950, materials for upholstery of furniture made before that date, and goods for export are excluded from the controls.

In addition to the specific rules on flammability, furniture must be safe in all other respects - for example, free from sharp edges and splinters. The general safety requirement is imposed by the General Product Safety Regulations 2005.

How to tell whether furniture complies
Upholstered furniture that meets the requirements of the Regulations will normally carry a permanent label with the heading 'CARELESSNESS CAUSES FIRE'. In the case of mattresses, look for a label stating compliance with BS 7177.

Any items not bearing this labelling may not comply, and you are advised not to sell them until you have obtained expert advice (for example, from the original manufacturer).

Penalties
The maximum fine on conviction is £5,000, a prison sentence of up to six months could be imposed and the court may forfeit any or all of your furniture. In addition, where a product causes personal injury or property damage, the supplier could be liable to pay substantial damages.

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. Please contact us for further information.

Relevant legislation
Furniture and Furnishings (Fire) (Safety) Regulations 1988
General Product Safety Regulations 2005

Last reviewed/updated: November 2012

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