The Fire Safety (England) Regulations 2022 have come into effect as of 23 January 2023

England

The Building and Fire Safety legal arena has evolved considerably over the past few years. The Fire Safety Act 2021 amended the Regulatory Reform (Fire Safety) Order 2005 (FSO) and clarified that external walls, flat entrance doors and structures of buildings are all covered by the FSO and must be accounted for in fire risk assessments for higher risk buildings.

The Building Safety Act 2022 reformed the building and fire safety regime during both the design and construction and in-occupation phase.

As of 23 January 2023, the Fire Safety (England) Regulations 2022 came into force and applies to all buildings in England comprising two or more domestic premises (including residential parts of mixed-use buildings and student accommodation). The obligations do not apply within individual flats, other than where measures are installed inside for the safety of other residents (e.g. sprinklers).

The obligation on the responsible person differs depending on the height of the building:

  • under 11 meters;
  • Between 11 and 18 meters; or
  • Over 18 meters.

The general obligations on the responsible persons in relation to all multi-occupied residential buildings are:

  • To display and provide residents with fire safety instructions including the evacuation strategy, information on how to report a fire and what to do if a fire occurs.
  • To provide residents with key information about the importance and operation of fire doors including; (i) fire doors should be kept shut when not in use (ii) residents and their guests should not tamper with self-closing devices and (iii) residents should report any fault or damage immediately to the responsible person.
  • Residents should be reminded about the key information annually.

In residential buildings between 11 meters and 18 meters the responsible person is required to:

  • Undertake annual checks and complete remedial works on flat entrance doors. This is to be done on a “best endeavours basis” and “record the steps taken to comply with this obligation”.
  • Undertake checks and complete remedial works on communal area fire doors at least every 3 months.

In high-rise residential buildings (over 18 meters) the responsible person is required to:

  • Floor and Building Plans - provide the local Fire and Rescue Service with up-to-date electronic building and floor plans and to place a hard copy in the secure information box.
  • External Wall Systems - provide to the local Fire and Rescue Service information about the design and materials of the external wall system including the level of risk the system gives rise to and mitigating steps taken. The record should be updated if there are significant changes to these walls.
  • Lifts and other Key Fire-Fighting Equipment - undertake monthly checks on any lifts intended for use by firefighters, and evacuation lifts in the building and check the functionality of other key pieces of firefighting equipment. Any fault discovered must be rectified within 24 hours or it must be reported to the local Fire and Rescue Service electronically. The outcome of checks must be recorded and made available to residents.
  • Information Boxes - install and maintain a secure information box containing the name and contact details of the Responsible Person and hard copies of the building and floor plans.
  • Wayfinding Signage - install signage visible in low light or smoky conditions that identifies flat and floor numbers in the stairwells of relevant buildings.

It is essential for responsible persons within buildings containing 2 or more domestic premises to keep abreast of the new and developing laws to ensure continued compliance with the various building and fire safety requirements. This continues to be an evolving area and further secondary legislation is set to come into force over the course of 2023 and beyond.

Co-authored by Laura Hipwell, Trainee Solicitor at CMS.