The Fire Safety Regulations 2022 for England came into force on January 23, 2023. The overarching purpose of the regulations is to prevent another Grenfell Tower fire, which killed 72 people and injured another 70.
The new fire regulations attempt to improve fire safety in blocks of flats and protect residents’ lives. They introduce new duties for the Responsible Person, who is central to ensuring the fire safety of high-rise buildings.
Anyone deemed to be the duty holder in control of the building or premises is considered the Responsible Person. Depending on the type of building, the following will likely be the Responsible Person:
The Responsible Person could be an individual or an organisation. If you don't know who the Responsible Person is, the business or property owner should tell you. If you are the business owner or building owner, you are likely to be the Responsible Person.
The concept of the Responsible Person was established in the Regulatory Reform (Fire Safety) Order 2005.
The RRO replaced around 70 separate pieces of legislation that previously governed commercial fire safety. It ensures that there is a designated person responsible for taking reasonable measures to prevent an outbreak of fire for every building covered by the act. That same person also needs to do everything possible to ensure that occupants can escape safely from the building if a fire breaks out.
These measures should be included in the fire risk assessment.
A fire risk assessment is a thorough evaluation identifying the risks and hazards of a commercial property. As the Responsible Person is legally in charge of the property, they must ensure that a competent person has conducted a fire risk assessment.
The risk assessment includes five steps:
Step 1: Identify any hazards on the premises
For example, sources of fuel, oxygen, and ignition must be stored separately and correctly to prevent accidental combustion.
Step 2: Identify the people who are most at risk
There may be particularly vulnerable people in the building who will be at additional risk in the event of a fire, including children, older people, or the disabled. These people may need extra help to ensure they are alerted and evacuated effectively. The fire risk assessment must detail how they can evacuate safely in an emergency.
Step 3: Evaluate, remove, reduce, and protect from risk
The plan should evaluate the specific level of risk for the premises, and fire hazards should be removed where possible.
On fire detection and alarm systems:
Have fire extinguishers available:
There must be fire doors throughout the premises:
Safe escape routes must be available:
Step 4: Record, plan, inform, instruct, and train
The Responsible Person must:
Step 5: Review and Revise
The risk assessment must be regularly reviewed and revised to ensure it remains fit for purpose.
The regulations apply to any building in England with two or more residential units. Buildings could be residential, mixed-use developments, apartment buildings (new or renovated), student housing, multi-family homes, or senior living.
The regulations do not impact single private dwelling houses or maisonettes containing two flats.
The Fire Safety (England) Regulations 2022 split multi-occupied residential buildings into three categories:
The Fire Safety (England) Regulations 2022 detail new duties for the Responsible Person.
For all multi-occupied residential buildings, Responsible Persons must:Fire safety training courses are a great way for the Responsible Person to keep up to date with the latest legislation and help maintain a high level of compliance.
Compliance will likely result in additional expenses, including hiring a fire consultant, fixing signs, and paying for lift maintenance and firefighting tools.
However, the new fire safety regulations do not stipulate who should pay for compliance. Therefore, the parties engaged in the ownership, management, and occupation of affected buildings must negotiate who is responsible for compliance.
Ultimately, who pays will depend on the conditions of the agreements established by the parties, including operational agreements, leases for the use of real estate, and management contracts.
How much compliance costs depend on the current state of your building, but working with an experienced consultant will future-proof your building and help avoid penalties for non-compliance.
Fire safety officers will first try to help you comply before they resort to punishments. However, not complying can be expensive.
Minor offences can often result in a £5,000 fine. Major violations can result in unlimited fines and up to two years imprisonment.
All additional compliance-related duties are burdensome. However, the Fire Safety Regulations 2022 have been widely welcomed as a proportionate response that will improve the safety of the people in multi-occupied buildings.