The Fire Safety (England) Regulations 2022

25 January 2023

Following the Fire Safety Act 2021, additional measures have been passed for England. The Fire Safety (England) Regulations 2022 came into force on 23 January 2023, to supplement the duties imposed by the Regulatory Reform (Fire Safety) Order 2005 (as amended).

The Regulations apply to all buildings in England that comprise two or more domestic premises (including the residential parts of mixed-use buildings) although there are more requirements depending on height

In addition to the previous regulations (Regulatory Reform (Fire Safety) Order 2005, and the Fire Safety Act 2021), the 2022 Regulations confirm that ‘responsible persons' in all multi-occupied residential buildings, must now also provide residents with fire safety instructions and information on fire doors.

Mid and high-rise blocks of flats are additionally required to provide information to fire and rescue services to assist them with operational planning, and provide additional safety measures.

The government guidance can be found here

FAQs

Who is a responsible person? Who is a Duty Holder?

This will depend on the type of property. In residential buildings someone will likely be the responsible person if they own the building, but only in relation to the non-domestic parts i.e., freeholder or landlord, but it could be someone (an individual or a business) who has control over the building i.e., managing agent, landlord, or occasionally the letting agent (e.g if a landlord has converted the property into two separate dwellings and instructs a letting agent to manage both properties)

A duty holder is someone who has control of a building under a contract or tenancy agreement for two things. Firstly, the maintenance or repair of the building. Secondly, the safety of the building. A duty holder will usually be a managing agent, fire risk assessor or fire alarm engineer.

Shared premises are likely to have more than one responsible person and/or duty holder. In this scenario all parties will need to co-operate and co-ordinate, such as informing each other of fire safety risks, to comply with the requirements of the Fire Safety Order.

What are the responsible persons’ responsibilities?

To action their responsibilities as outlined in the Regulatory Reform (Fire Safety) Order 2005, Fire Safety Act 2021 and 2022 Act
Regularly review the fire risk assessment of their building(s), particularly to consider the structure, external walls and flat entrance doors if they have not already done so.
Update the first risk assessments to take account of the structure, external walls and flat entrance doors.
Appoint a specialist who will carry out the fire risk assessment, such as a qualified specialist assessor who may consider a more in-depth assessment if there is a potential high risk of fire.
More information can be found here

In addition, the 2022 Regulations state;

For a building containing two or more sets of domestic premises and containing common parts/ common parts used in evacuation.

Responsible person must provide certain information to the residents of the building:

the evacuation strategy for the building
instructions on how to report a fire
any other instruction that tells residents what they must do when a fire has occurred
Instructions regarding fire doors
- Fire doors should be kept shut when not in use
- Residents or their guests should not tamper with the self-closing devices
- Residents should report any faults or damages with doors immediately to the responsible person
The information must be provided to all residents every 12 months beginning with the date these Regulations come into force.
A new resident must get the information as soon as reasonably practicable after that they have moved into the property.
Further information on the requirements can be found here.

For residential buildings over 11 but under 18 meters

Responsible persons will be required to:

Undertake annual checks on flat entrance doors and quarterly checks of all fire doors in common parts of the building.
Provide relevant fire safety instructions to all residents, including how to report a fire and how to proceed if a fire has occurred
Provide residents with information on the importance of fire doors and fire safety.
Further information on the requirements can be found here.

For high-rise residential buildings at least 18 metres above ground level, or at least seven storey

Responsible persons will be required to:

Provide their local fire and rescue service with up-to-date electronic building plans and information on the design and materials of their external wall
Undertake monthly checks of firefighting lifts, evacuation lifts and other key pieces of firefighting equipment
Install a secure information box and wayfinding signage
Further information on the requirements can be found here.

How are the rules enforced?

Where a responsible person or duty holder breaches the Fire Safety Order, they may be subject to an enforcement notice or prosecution. Under the Order, local fire and rescue services can inspect premises and issue enforcement notices. Additionally, prohibition notices can also be issued which restrict or stop the use of the building.

NB: In the case of a fire, legal action can be taken against the responsible person if it can be shown that guidance was not followed.

Useful links

Check your fire safety responsibilities under the Fire Safety Order 2005

https://www.gov.uk/guidance/check-your-fire-safety-responsibilities-under-the-fire-safety-order

Fire Safety Act 2021

https://www.legislation.gov.uk/ukpga/2021/24/contents/enacted

Fire Safety (England) Regulations 2022

https://www.legislation.gov.uk/uksi/2022/547/contents/made

Fire Safety (England) Regulations 2022 -UK Government Guidance

https://www.gov.uk/government/publications/check-your-fire-safety-responsibilities-under-the-fire-safety-england-regulations-2022

Fire Safety Act – addendum

https://www.gov.uk/government/publications/fire-safety-act-addendum

Regulatory Reform (Fire Safety) Order 2005

https://www.legislation.gov.uk/uksi/2005/1541/contents/made