The principal fire safety legislation applicable to England comprises:
- The Regulatory Reform (Fire Safety) Order 2005 (the ‘Fire Safety Order’)
- The Fire Safety Act 2021
- The Fire Safety (England) Regulations 2022
The Fire Safety Order applies to virtually all premises, other than single residential dwellings (bungalows, houses, flats, etc.) – in particular, with very rare exceptions, it applies to all premises used as a workplace.
New requirements have come into force for people who have responsibilities under the Fire Safety (England) Regulations 2022. You will have such responsibilities if, under the Regulatory Reform (Fire Safety) Order 2005, you are a responsible person to whom the Fire Safety Order imposes various duties in relation to fire safety in residential buildings.
Responsible Persons now have duties which encompass comprehensive fire risk assessments, information sharing, cooperation and the provision of detailed fire safety information to residents of multi-occupied residential buildings. The new requirements have been brought into force through Section 156 of the Building Safety Act 2022.
Summary of the changes
Responsible Persons must now
- Record the fire risk assessment in full, including all findings
- Record the identity of individuals or organisations engaged to undertake or review the fire risk assessment and share this information
- Record their fire safety arrangements and demonstrate how fire safety is managed on their premises
- Record and update their contact information, including a UK based address and share this information with others
- Take steps to identify and cooperate with other responsible persons in the same premises
- Share relevant fire safety information with incoming persons in case of changes in ownership or responsibility
- And for those responsible persons in multi-occupied residential buildings must also ensure residents receive information about identified fire risks, fire safety measures and contact information of responsible persons
- For responsible persons in higher-risk residential buildings they must also cooperate with Accountable Persons to facilitate a whole-building approach to fire safety. This would include sharing information such as the fire risk assessment to maintain the highest level of safety in these buildings
- There are increased fines for certain offences under the Fire Safety Order
- Strengthening the status of guidance issued under Article 50 of the Fire Safety Order making it admissible in Court proceedings to establish a compliance or breach
Government Guidance can be found on theses links:
Regulatory Reform (Fire Safety) Order 2005:
https://www.gov.uk/government/collections/regulatory-reform-fire-safety-order-2005-guidance-notes
Fire Safety Act 2021: https://www.gov.uk/government/publications/fire-safety-act-2021
Fire Safety (England) Regulations 2022 https://www.gov.uk/government/publications/fire-safety-england-regulations-2022
To check your responsibilities under Section 156 of the Building Safety Act 2022