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The Fire Safety Act 2021 came into force on 16 May 2022 in England following its implementation in Wales on 1 October 2021. Recently published are the Fire Safety (England) Regulations 2022 which are due to come into effect on 23 January 2023.

What is the Fire Safety Act 2021?

The Fire Safety Act clarified the scope of the Regulatory Reform (Fire Safety) Order 2005 (FSO). The FSO applies to all workplaces, commercial buildings and public places, and the common parts of multi-occupied residential buildings. There had been some uncertainty as to the scope of the FSO concerning the common areas of multi-occupied residential buildings and the Fire Safety Act confirmed that for such buildings, the FSO applies to:

The FSO requires that Responsible Persons, typically employers, freeholders or managing agents, carry out fire safety assessments. Responsible Persons will now need to ensure that these elements are included in fire safety assessments for multi-occupied residential buildings.

What about the Fire Safety (England) Regulations 2022?

Responsible Persons will acquire additional responsibilities under the Fire Safety (England) Regulations 2022 which are due to come into force on 23 January 2023. These Regulations seek to improve fire safety of high-rise residential buildings by implementing most of the recommendations made by the Grenfell Tower Inquiry in its Phase 1 report.

These Regulations will apply in England and require that the Responsible Person of a multi-occupied residential building take specific action depending on the height of the building.

For multi-occupied residential buildings (at least 18 metres in height or 7 or more storeys), the Responsible Person will need to:

For multi-occupied residential buildings over 11 metres in height, Responsible Persons will need to:

In all multi-occupied residential buildings with communal areas, Responsible Persons will need to:

Guidance to support Responsible Persons to comply with the new Regulations is expected over the coming months. In the meantime, Responsible Persons should:

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