New Legislation
Changes to fire safety law: how it affects you
There are significant changes and it can be confusing with all the new information. Let us assist you to ensure your building is safe and that you meet with the current legislation.
Fire Safety (England) Regulations 2022 have been introduced. The Regulations that apply to England only are being introduced under Article 24 of the Regulatory Reform (Fire Safety) Order 2005 (Fire Safety Order) and came into force on 23 January 2023.
The new regulations are an important step forward in the implementation of the recommendations made in the Grenfell Tower Inquiry Phase 1 report which require a change in the law.
Buildings affected by the regulations
The regulations under Article 24 of the Regulatory Reform (Fire Safety) Order 2005 (Fire Safety Order) apply to the following buildings in England:
All multi-occupied residential buildings with two or more sets of domestic premises that share a communal escape route
- Provide residents with information relating to the importance of fire doors in fire safety.
- Provide relevant fire safety instructions to their residents, which will include instructions on how to report a fire and any other instruction which sets out what a resident must do once a fire has occurred, based on the evacuation strategy for the building.
Residential buildings with storeys over 11 metres in height.
Responsible persons in multi-occupied residential buildings which are above 11 metres in height, and in high-rise buildings need to provide additional safety measures. In residential buildings with storeys over 11 metres in height, responsible persons will be required to:
- Undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common parts.
High Rise Residential Buildings (HRRB)
These regulations will make it a requirement in law for Responsible Persons of HRRB of 18 metres in height, or at least 7 storeys, containing 2 or more domestic dwellings, to provide information to Fire and Rescue Services. The information is intended to help them plan and, if needed, provide an effective operational response.
In HRRB, Responsible Persons will be required to:
- Provide electronic building plans and details of external wall systems to their local fire rescue service.
- Install secure information boxes for hard copies of plans.
- Undertake monthly checks of firefighting lifts and other firefighting equipment.
- Report any defective lifts or firefighting equipment to Fire and Rescue Services.
- Supply plans and reports
From the 1 October 2023, Section 156 of the Building Safety Act 2022 makes changes to The Regulatory Reform (Fire Safety) Order 2005 that will affect all Responsible Persons.
These changes improve the fire safety in non-domestic premises and any premises that contain two or more domestic dwellings; referred to as multi-occupied residential buildings.
What you need to do as a Responsible Person
Documenting and recording
All Responsible Persons must now record all findings from their fire risk assessment, regardless of the size or purpose of the premises.
- Previously, there was a requirement to record only significant findings in a fire risk assessment in buildings that had five or more employees; a licence in place; and an alterations notice served on it. This is no longer the case – all Responsible Persons must now record their fire safety arrangements and all findings.
- Fire safety arrangements are how you manage the fire safety in your building. These can be anything from procedures you need to have written down to policies you have in place.
All Responsible Persons must now record the identity of the individual employed, or contracted by them, to undertake or review any or all of the fire risk assessment. This includes:
- Their full name
- Their organisation name, if applicable
If you appoint someone to help undertake or review your fire risk assessment they must be competent. By that we mean that must have sufficient training and experience or knowledge. K J Randall and Associates are competent and can evidence UKAS accredited third party certification.
Cooperation and coordination
All Responsible Persons must now have a UK based address where they, or someone on their behalf will accept notices and other documentation:
- This must include a contacts name and UK address and parts of the premises that you are responsible for, be recorded and updated as it changes.
- This must be shared with other relevant responsible persons and any residents of multi-occupied residential buildings. Having a clear record of who is responsible for the different fire safety measures will encourage cooperation to create a safer environment. It will also assist fire and rescues services should they need to enforce on fire safety related matter sin the building.
- All Responsible Persons must now make sure they identify and make themselves known to any other Responsible Persons at the same premises. For example, other Responsible Persons could include businesses or managing agents with the responsibility for fire safety in the part of the building they control.
- Any departing Responsible Persons must take reasonable steps to share all relevant fire safety information with the incoming Responsible Persons. This is to maintain a chain of fire safety information across the whole of a building’s lifetime.
Higher-risk buildings
Under the new laws the Building Safety Regulator (BSR) will regulate high-rise buildings. These are buildings with seven or more storeys or that are 18 metres or higher, and either:
- have at least two residential units
- are hospitals or care homes (during design and construction)
From 1 October 2023 all these buildings must be registered with the BSR and the BSR becomes the new building control authority for these buildings. Responsible Persons for premises in a higher-risk building must identify and co-operate with the Accountable Person/s:
- An Accountable Person is a new legal entity under the Building Safety Act 2022.
- An Accountable Person is someone who has the responsibility to repair or maintain anything under leasehold.
Information sharing
Responsible Persons in multi-occupied residential buildings must provide residents with “relevant fire safety matters”. This is a longer list of fire safety matters than existed previously. Responsible Persons now need to provide residents with:
- Instructions on how to report a fire.
- A reminder of what the evacuation strategy is for that building.
- Any other instruction that tells residents what they must do once a fire has occurred, based on the building’s evacuation strategy.
- The risks that have been identified in the fire risk assessment – new.
- The preventive and protective measures – new.
- The name and UK address of the Responsible Person as well as the identity of any person appointed to assist with making or reviewing the fire risk assessment – new.
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