Fire safety deadline looms for premises in England

Katherine Metcalfe, Natalie Harris and Laura White of Pinsent Masons were commenting after the UK government published new guidance to help ‘responsible persons’ meet their duties under section 156 of the Building Safety Act 2022, which comes into force on 1 October 2023.

The provisions update the responsible person duties under the Regulatory Reform (Fire Safety) Order 2005 and apply to all premises – including offices, warehouses, retail, industrial premises, and hospitality, as well as the common parts of multi-occupied residential buildings, such as communal corridors, stairways, and plant rooms.

Under the new rules, all fire risk assessments will need to be recorded in full – the obligation will no longer be limited to disclosure of significant findings and to premises where five or more employees work, for example.

Metcalfe said: “This is not just about tall residential buildings. These changes to fire safety law mean that the responsible person for all commercial premises must urgently review their fire risk assessment to make sure that it is detailed enough to meet the new requirements. It is crucial to keep a record of that review.”

Responsible persons will also have to take steps to identify other responsible persons in relation to the premises and share information with them. For example, in multi-occupancy commercial buildings, other tenants, the landlord and potentially a managing agent could also be responsible persons for the purposes of the Act. All parties will have to make a record of the extent of each responsible person’s responsibilities, and their respective fire risk assessments must align.

For responsible persons with obligations in relation to a ‘high-risk’ building under the Act, they must identify who the ‘accountable person’ for that building is – the Act sets out separate obligations for accountable persons in respect of high-risk buildings, which are currently classed as those being over 18 metres or seven storeys and containing more than one residential dwelling.

In addition, where a lower-rise building contains two or more sets of domestic premises, responsible persons must provide residents with enhanced information in respect of fire safety. This includes information on any risks to residents identified in the fire risk assessment; the name and address of the responsible person; the identity of persons appointed to assist with fire risk assessments or to implement firefighting measures; and any risks relevant to those in the building which have been identified by other responsible persons in the building.

In future, there will also be a further requirement on responsible persons to ensure that where they appoint someone to make or review a fire risk assessment, that person must be competent. The responsible person can expect to be held to account if that person is not competent.

From 1 October, some of the offences set out in the existing Fire Safety Order will be subject to unlimited fines. This includes the offence of failing to comply with requirements imposed by an inspector in exercise of their statutory powers, which was previously limited to not exceeding that of a ‘level 3’ fine – currently set at £1,000.

Harris said: “People tend to think of building safety as something that is just relevant to high-rise residential buildings but there are significant parts of the regime which apply much more widely and this risks catching people out with potentially serious criminal consequences. With a number of key parts of the legislation taking effect on 1 October – and lots of details still to come – it is vital that property owners, occupiers and managers track new developments such as this one and act promptly to ensure compliance.”

White said: “Responsible persons need to make sure they are prepared well in advance of 1 October for the new requirements. For multi-occupied higher risk buildings with numerous accountable persons, it could be a challenging task to identify who each accountable person is and agreeing in writing the extent of each of their responsibilities.”

“The reforms should, though, be welcomed by residents who are entitled to be informed of fire safety risks identified by both the responsible person for their building and also by the accountable person for other parts of the same building. They will also be armed with the contact information for the responsible individuals. Along with the requirement for the principal accountable person (PAP) to implement a resident engagement strategy, this again significantly bolsters fire safety information to be provided to residents,” she said.