Following the Grenfell Tower tragedy, the Government has implemented a raft of new legislation aimed at improving the management of fire and structural safety risks in multi-occupied residential buildings.
There has been much publicity around the introduction of the Building Safety Act 2022 (you can access our articles on this here) and its impact on the construction sector, however it is important to also be aware of new fire safety regulations which are coming into force on 23 January 2023. These are intended to implement recommendations highlighted in the Fire Safety Consultation, launched by the Home Office in response to the Hackitt report.
Background
The Regulatory Reform (Fire Safety) Order 2005 (the Order) governs fire safety and applies to all non-domestic premises, including commercial buildings and common parts of multi-occupied residential buildings.
However, there was uncertainty around the scope of the Order in relation to multi-occupied residential buildings.
Fire Safety Act 2021 (the FSA)
The FSA, which came into force on 16 May 2022, clarifies the scope of the Order as regards what actually contributes towards the common parts of multi-occupied residential buildings, and consequently impacts the duties of the ‘responsible person’ pursuant to the Order.
Scope of ‘common parts’
The FSA makes it clear that the Order applies to the building’s structure, external walls (including windows, doors and anything attached to those walls, such as balconies and cladding) and individual flat entrance doors between the residential premises and the common parts.
The FSA also confirms that the Order applies to buildings containing two or more sets of domestic premises, regardless of the height of the building.
Responsible Persons under the Order and the FSA
The Order places duties on the ‘responsible person’, who would usually be the building owner but in the case of residential buildings will include any other person in control of the common parts or exterior of the premises, for example a managing agent.
Responsible persons are required to carry out a fire risk assessment and manage the risk of fire at the building, including imposing duties relating to fire-fighting, emergency exit routes and procedures in the event of a fire.
It is important that the responsible person ensures all relevant areas (as per the Order and FSA) are covered by fire risk assessments and fire risk management plans going forward.
Fire Safety (England) Regulations 2022 (the Regulations)
Following clarification of the scope of the Order under the FSA, the Regulations, which come into force on 23 January 2023, will impose additional obligations on the ‘responsible person’, the extent of which will vary, depending on the height of the building:
- For all multi-occupied residential buildings with common parts, responsible persons will need to provide residents with relevant fire safety instructions and specific information about the importance of fire doors;
- For multi-occupied residential buildings over 11 metres in height, responsible persons will also need to undertake quarterly checks on all communal fire doors and make annual checks on flat entrance doors; and
- For multi-occupied residential buildings over 18 metres in height (or 7 or more storeys), responsible persons will also need to:
1. Install and maintain a secure information box containing the details of the responsible person and hard copies of building floor plans;
2. Prepare a record of information about the building’s external wall system and prepare an updated record following any material changes. This information must also be provided to the fire and rescue authority;
3. Prepare electronic copies of building floor plans and keep hard copies in a secure information box accessible by emergency services. This information must also be provided to the fire and rescue authority;
4. Carry out monthly routine checks on evacuation lifts and other essential firefighting equipment and inform the fire and rescue authority if a fault with this equipment is not rectified within 24 hours; and
5. Install clear way finding signage which is to be visible in low light conditions showing flat and floor numbers in the stairwells and lift lobbies.
Building Safety Act 2022 (BSA)
The Regulations sit alongside the amendments to the Order introduced by the BSA, which put in place a more stringent regime covering higher-risk buildings, being those which are at least 18 metres in height or at least seven storeys.
We have previously discussed these changes here.
Conclusion
From the 23 January 2023, responsible persons will be required to comply with the additional responsibilities under the Regulations. In advance of this date, responsible persons should (if they have not already done so):
- Ensure fire assessments take into account the building’s structure, external walls (including windows, doors and anything attached to those walls, such as balconies and cladding) and individual flat entrance doors between residential premises and the common parts of a building; and
- Consider steps to comply with the new duties under the Regulations, in particular information sharing with residents and the fire and rescue authorities.
The Government has developed a Fire Risk Assessment Prioritisation Tool which is designed to assist responsible persons in putting together a strategy for reviewing their fire risk assessments. The tool is available here. This tool does not remove the need for responsible persons to act upon known or suspected risks.
The Birketts View
The introduction of the Regulations is evidence of the cultural shift which has followed in the aftermath of the Grenfell Tower tragedy in order to improve fire safety across the UK.
The burden on building owners and managers is likely to be significant. Building owners and managers should give careful consideration to these new requirements and whether or not they will apply to their property portfolio. If so, the responsible person should take action to ensure compliance now, else face the risk of an unlimited fine and/ or imprisonment for up to two years.
For further information or to discuss the issues raised in this article, please contact the Construction and Engineering Team.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2023.