Changes to fire safety legislation

Changes to the Regulatory Reform (Fire Safety) Order

On the 1st October 2023, Section 156 of the Building Safety Act 2022 made changes to The Regulatory Reform (Fire Safety) Order 2005 which impacts all Responsible Persons.

The changes form Phase 3 of the Home Office’s fire safety reform programme, building on Phase 1 (the Fire Safety Act 2021) and Phase 2 (the Fire Safety (England) Regulations 2022).

The changes are intended to improve fire safety in non-domestic premises and any premises that contain two or more domestic dwellings, known as multi-occupied residential buildings by:

• Improving cooperation and coordination between Responsible Persons.
• Expanding requirements relating to the recording and sharing of fire safety information to create a continual record throughout a building’s lifespan.
• Making it easier for enforcement authorities to act against non-compliance.
• Making sure residents have access to comprehensive information about fire safety in their building.

Are you a Responsible Person?

The Regulatory Reform (Fire Safety) Order applies to all workplaces and commercial buildings. You are the Responsible Person if you are the employer, and the workplace is to any extent under your control.

What do the changes mean for a Responsible Person?

Documenting and recording

All Responsible Persons must now record all findings from their fire risk assessment, regardless of the size or purpose of the premises.

Previously, the requirement was to record only significant findings in a fire risk assessment in premises that had five or more employees, a licence in place, and an alterations notice served on it.

All Responsible Persons must now record their fire safety arrangements to show how fire safety is managed e.g., policies and procedures.

All Responsible Persons must now record the identity of the individual employed, or contracted by them, to undertake or review the fire risk assessment, including their full name and the name of their organisation.

Cooperation and coordination

All Responsible Persons must record, and keep up to date, a UK based address and contact details where they, or someone on their behalf, will accept notices and other documentation.

This information must be shared with other relevant responsible persons, for example other responsible persons in a premises or a premises managing agent, and any residents of multi-occupied residential buildings.

Ensure departing Responsible Persons share all relevant fire safety information with incoming Responsible Persons, this could include:

• The fire risk assessment and review records (including any fire safety information provided by other Responsible Persons).
• The identity of any person who assisted with the fire risk assessment/review.
• The name and UK address of any Responsible Person or any person acting on behalf of the Responsible Person who will accept notices or other documentation.
• Any information given under regulation 38 of the Building Regulations 2010, e.g., information relating to the design and construction of the building the services, fittings and equipment provided.

Additionally, the Building Safety Regulator (BSR) will regulate high-rise buildings. These are buildings with seven or more storeys or that are 18 metres or higher, and either:

• Have at least two residential units.
• Are hospitals or care homes (during design and construction).

These high-rise buildings must have been registered with the BSR by 1 October 2023.

Responsible Persons for premises in a higher-risk building must identify and co-operate with the Accountable Person/s, a new legal entity under the Building Safety Act 2022. The Accountable Person is someone who has the responsibility to repair or maintain anything under leasehold.

Information sharing

Responsible Persons in multi-occupied residential buildings must provide residents with “relevant fire safety matters”. An extended list of fire safety information:

• Instructions on how to report a fire.
• A reminder of what the evacuation strategy is for that building.
• Any other instruction that tells residents what they must do once a fire has occurred, based on the building’s evacuation strategy.
• The risks that have been identified in the fire risk assessment.
• The preventive and protective measures.
• The name and UK address of the Responsible Person as well as the identity of any person appointed to assist with making or reviewing the fire risk assessment.

Other Changes to the Fire Safety Order

As of the 1st October 2023, Section 156 of the Building Safety Act has increased the fine level for offences from Level 3 (£1,000) to Level 5 (unlimited):

• Where someone intentionally impersonates an inspector.
• When someone fails to comply (without reasonable excuse) with specific requirements imposed by an inspector (such as by not providing a copy of the fire risk assessment when requested).
• When someone fails to comply with requirements relating to the installation of luminous tube signs.

Article 50 of the Regulatory Reform (Fire Safety) Order requires the Secretary of State to ensure that guidance as they consider appropriate is made available to assist Responsible Persons to discharge their duties.

Section 156 of the Building Safety Act strengthens the status of all Article 50 guidance that is produced. This means that in court proceedings for alleged breaches of the Order, compliance with or deviation from guidance issued under Article 50 may be relied upon to determine whether or not there was a breach.

Who will enforce these new requirements?

Local fire and rescue authorities remain the primary enforcing body for The Regulatory Reform (Fire Safety) Order, including these additional requirements.

The Health and Safety Executive will be the enforcing body for non-occupied buildings on a construction site.

Where can I get more information?