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This guidance provides an explanation of the obligations that responsible individuals must fulfil due to changes introduced in the Building Safety Act 2022, which amend the Regulatory Reform (Fire Safety) Order 2005 (referred to as the Fire Safety Order).
Which buildings are subject to the new fire safety requirements?
These requirements apply to all non-residential premises, including workplaces where people work, visit, or stay, and the non-residential areas of multi-occupied residential buildings (such as communal corridors, stairways, and plant rooms). These requirements do not apply to individual residential premises.
The local fire and rescue authorities are the primary authority responsible for enforcing the Fire Safety Order, including these additional requirements. In the non-residential parts of multi-occupied residential buildings (such as communal corridors and stairways), enforcement is carried out by the Local Authority under the Housing Act 2004.
The Health and Safety Executive is the enforcing body for unoccupied buildings on construction sites, the Defence Fire Safety Regulator for sites occupied by the armed forces, and the Crown Premises Fire Safety Inspectorate for buildings occupied or owned by the government.
Background to Section 156 of the Building Safety Act 2022
The Building Safety Bill received Royal Assent in April 2022 and was enacted as the Building Safety Act 2022. This new legislation brings about amendments to the Fire Safety Order, introducing the following requirements for Responsible Persons:
Recordkeeping: Responsible Persons must now document their completed fire risk assessment, whereas only specific information was required previously.
Identification: Responsible Persons must record the identity of the individual or organisation engaged to undertake or review any part of the fire risk assessment.
Fire safety arrangements: Responsible Persons must record and demonstrate how fire safety is managed within their premises.
Contact information: Responsible Persons must record and update their contact information, including a UK address, and share it with other Responsible Persons and relevant residents of multi-occupied residential premises.
Identifying other Responsible Persons: Responsible Persons must make reasonable efforts to identify other Responsible Persons who share or have duties regarding the same premises and Accountable Persons (a new legal entity established under the Building Safety Act) and subsequently introduce themselves to these individuals.
Handover of information: Departing Responsible Persons must share all relevant fire safety information with incoming Responsible Persons.
Clear communication with residents: Responsible Persons of buildings with multiple sets of domestic premises must provide residents with fire safety information in an easily understandable format.
Increased fines: Certain offences now carry higher fines.
Strengthening statutory guidance: Statutory guidance issued under Article 50 of the Fire Safety Order is given greater legal weight.
Additionally, it is a legislative requirement that the Responsible Person appoints a competent person to conduct or review the fire risk assessment. This requirement's enforcement will be initiated later, and relevant guidance will be provided beforehand. In the meantime, it is recommended that if a fire risk assessor is appointed, they should possess adequate training, experience, knowledge, and other qualifications. The Responsible Person is still responsible for ensuring that a suitable and sufficient fire risk assessment is carried out.
Fire safety responsibilities for all Responsible Persons
If you are the Responsible Person for any building regulated by the Fire Safety Order, the following duties apply to you:
Recording your fire risk assessment and related information:
You are now required to document the fire risk assessment, including all findings and the fire safety arrangements for your premises, regardless of the circumstances.
It is advisable to provide comprehensive information regarding fire safety on your premises. This new requirement replaces the previous obligation only to record significant findings from the risk assessment. It also eliminates previous limitations on when you needed to record both the risk assessment and fire safety arrangements, such as having five or more employees or being subject to licensing or an alterations notice.
If you enlist the services of a fire risk assessor to aid you in completing the assessment, you must record their name and, if applicable, the name of their organisation. This ensures clear documentation for enforcement authorities, indicating who conducted the assessment. It also enables you to share this information with residents (where applicable) and any future Responsible Person.
It remains your responsibility to ensure that your fire risk assessment is appropriate and sufficient. If you choose to engage someone to assist you, we recommend verifying their competence in performing this task.
Cooperation and Coordination among Responsible Persons
To ensure a unified approach to fire safety within the entire building, it is crucial for you to collaborate with other Responsible Persons on the premises. Therefore, you must take practical steps to identify if any other Responsible Persons share or have duties related to the premises.
For instance, in multi-occupancy commercial buildings, other Responsible Persons would include fellow businesses and the landlord (and possibly a managing agent), who holds overall responsibility for the building's safety.
Once you have determined the presence of other Responsible Persons, it is necessary to exchange information. This includes sharing your names (or the names of representatives acting on your behalf) and a UK-based address where you can receive notices or documents.
It is also essential to communicate the extent of your responsibilities under the Fire Safety Order and keep a record of this information. Understanding the scope of your control over the premises, which may be defined in a contract, is essential. We recommend contacting the building owner or manager for clarification if you are still determining.
Written communication is recommended when providing this information, and it is advised to maintain accessible records as evidence of information sharing. You must keep a record of the details provided about your duties concerning the premises.
It is vital that your fire risk assessment and any subsequent fire safety measures align with and complement the risk assessments and safety measures implemented throughout the entire building. This ensures a comprehensive approach to fire safety.
It is advisable to inform other Responsible Persons whenever there is a change in personnel responsible for your part of the premises. This allows them to provide the incoming Responsible Person with the information mentioned above.
Cooperation with Responsible Persons
If you are a Responsible Person in a higher-risk residential building, as defined by the Building Safety Act (with a minimum height of 18 meters or at least 7 storeys, containing at least two residential units), it is necessary for you to take reasonable measures to identify the Accountable Persons, which may include the Principle Responsible Person, within the premises.
Subsequently, you must collaborate with them to facilitate the fulfilment of their duties mandated by the Building Safety Act. This cooperation may involve sharing your fire risk assessment, among other responsibilities.
This requirement aims to ensure that Responsible Persons and Accountable Persons adopt a comprehensive approach to building and fire safety within the premises. This includes adhering to the Golden Thread of Building information, mandatory for all new higher-risk residential buildings. The Golden Thread includes the Safety Case Report, which identifies fire safety risks in existing buildings.
The Responsible Person is typically the individual or entity responsible for repairing any aspects of the common parts of the building, often the landlord, but it could also be a management company.
Provision of Information to New Responsible Persons
Responsible Persons are obligated to share relevant fire safety information with incoming Responsible Persons to maintain a comprehensive record of fire safety throughout the lifespan of a building. This requirement applies when you cease trading, undergo a change in ownership or management, or sell your business or property. As the existing Responsible Person, you must provide the following pertinent fire safety information to the new Responsible Person:
The fire risk assessment and any review records, including fire safety information received from other Responsible Persons.
The identity of any individuals involved in assisting with the fire risk assessment or review.
The name and UK address of the Responsible Person or their authorised representative who will handle notices and other documentation.
If applicable to a higher-risk residential building, the identity of the Accountable Person, if known.
Any information provided under regulation 38 of the Building Regulations 2010, such as details provided during the construction or extension of the building.
If you do not possess the contact details of the incoming Responsible Person, you can request this information from the building owner or manager. If they cannot provide the details, you should provide all the required information to the building owner or manager, so they can forward it to the incoming Responsible Person once identified. Maintaining a written record documenting that you have fulfilled this requirement is essential.
In cases where disputes arise concerning these cooperation duties that could compromise fire safety, you should initially communicate with the accountable individuals, landlord, or freeholder. If this approach does not achieve a resolution, you should contact the relevant enforcement authority.
Duties of Responsible Persons for Buildings with Multiple Domestic Premises
If your building contains two or more sets of domestic premises, the following additional duties apply to you:
Provision of Information to Residents
The amendments to the Fire Safety Order aim to enhance residents' sense of safety in their homes and ensure they understand the measures you have taken to fulfil your responsibilities.
While specific instructions to be provided to residents are already mandated under the Fire Safety (England) Regulations 2022, these new requirements further enhance the provision of information, promoting residents' awareness and involvement.
It is also essential for you to include your name and a UK address in the fire risk assessment to enable easier identification by enforcement authorities, if necessary.
You must provide residents with the following information:
Any risks identified in the fire risk assessment that could affect residents.
Details of the fire safety measures implemented to ensure the safety of all occupants, including means of escape, efforts to contain fire spread and instructions for residents in the event of a fire.
Your name and UK address as the Responsible Person.
The identity of any individuals appointed to assist with the fire risk assessment.
The identity of any competent person designated by you to implement firefighting measures.
Any risks throughout the building that other Responsible Persons have identified.
Consider providing alternative contact details, if different from yours, for residents to communicate any concerns or queries regarding fire safety or the provided information.
The government may, through regulation, update the list of information to be shared with residents to reflect future developments in fire safety. They may also specify the frequency and format for providing such information.
The Fire Safety (England) Regulations 2022 already require the provision of fire safety instructions to residents of multi-occupied domestic premises where an evacuation would involve shared areas.
These instructions include evacuation strategies, fire reporting procedures, and actions to be taken during fire incidents. Additionally, the regulations stipulate information regarding fire doors, emphasising their proper usage, non-tampering with self-closing devices, and immediate reporting of any faults.
Displaying fire safety instruction information in a prominent location within the building and providing new residents with a copy upon arrival and existing residents on an annual basis is mandated by the regulations.
As the Responsible Person for a building in England, it is vital to provide the instructions required by the regulations and the information mandated by the changes to the Fire Safety Order. Consolidating both sets of data into a single package can be helpful, ensuring that all necessary information is readily accessible and available to residents.
These requirements are outlined in the Fire Safety (England) Regulations 2022.
Other Changes to Fire Safety Legislation
In addition to introducing new requirements for Responsible Persons, the Building Safety Act also amends two other provisions of the Fire Safety Order:
Offences: Article 32 of the Fire Safety Order outlines various offences that a Responsible Person may commit in relation to their duties under the Order.
Section 156 of the Building Safety Act raises the level of fines for offences such as intentionally deceptive impersonation of a fire inspector, failure to comply (without reasonable excuse) with specific requirements imposed by a fire inspector (e.g., not providing a copy of the fire risk assessment when requested), and failure to comply with requirements concerning the installation of luminous tube signs. The fines for these offences are increased from Level 3 (£1,000) to Level 5 (unlimited). It is important to note that the new fine levels will only apply after the new legislation comes into force. If an offence is committed prior to 1 October 2023, the previous fine levels would be applicable. This change aligns the fines for these offences with those of others, serving as a stronger deterrent against non-compliance.
Guidance: Article 50 of the Fire Safety Order mandates that the Secretary of State ensures the availability of appropriate guidance to assist Responsible Persons in fulfilling their duties. Section 156 of the Building Safety Act strengthens the status of all guidance issued under Article 50. In court proceedings related to alleged breaches of the Fire Safety Order, compliance with or deviation from the guidance issued under Article 50 can be considered evidence to determine whether a breach of the Order has occurred.
These changes aim to strengthen enforcement measures, enhance compliance, and provide greater clarity for Responsible Persons in meeting their obligations under the Fire Safety Order.
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