Major Fire Safety Changes in the UK 2023

Some of you maybe aware that over the last months there have been two major amendments to the Regulatory Reform (Fire Safety) Order 2005. Phase 2 of the new Fire Safety Regulations came into effect in England in January 2023 which required residential buildings to update some of their fire safety equipment and procedures.

One key change to the Fire Safety Regulations 2022 is the new procedures around checking fire doors, including routine checks and inspections of fire doors.

What are fire doors?

Fire doors are constructed using specific materials and ironmongery that allow the door to prevent the spread of fire and smoke. Commonly, they suppress fire for 30-60 minutes and will have been through rigorous testing to gain certification for this.

They usually have a sticker on them saying ‘fire door keep shut’ but fire doors can also look like a standard front door. If you live in a block of flats or a HMO, your front door should be a fire-rated door.

What are the Fire Safety Regulations 2022 updates?

Since the 23rd of January 2023, it’s a legal requirement for the Responsible Person for multi-occupied buildings over 11 metres to:

§ Carry out quarterly checks of all fire doors in communal areas

§ Carry out annual checks on all flat entrance doors

§ Provide information to residents about the importance of fire doors

The Responsible Person should be able to check for and identify any obvious issues with fire doors, such as broken closers. Professional help should be acquired for a comprehensive inspection or a fire door replacement.

Who is the Responsible Person?

The Responsible Person is ultimately the person who has legal responsibility for the fire safety in the building.

They are usually the person who owns or is in control of a building. In a property, it could be the landlord or the managing agent. Directors of Limited Companies must be detailed with comprehensive contact details recorded and made available on request.

Why is it important for residents to know about fire doors?

The gov.uk website states “In all multi-occupied residential buildings, the regulations require responsible persons to provide residents with fire safety instructions and information on the importance of fire doors.”

It’s natural for a fire door to become damaged over time due to high use and general wear and tear. However, sometimes the damage is caused deliberately, for example breaking or disengaging door closers.

By sharing knowledge with residents on the importance of fire doors and why they need to be closed, it may prevent them from causing damage and also be able to identify if something is wrong with a door.

What other changes are being made to the Fire Safety Regulations?

It’s not just changes to fire doors that are being introduced. There are a number of other elements that will need to be implemented by the Responsible Person specifically for buildings over 11m in height, including:

§ Provide the Fire Service with electronic and paper versions of the building plans

§ Provide information about the materials used on the exterior of the building and the level of risk these materials have

§ Regular checks on firefighting lifts and equipment within the building and resolve any issues

§ Installation of an information box with documents of the Responsible Person and the building plan

§ Installation of evacuation and wayfinding signage visible in low light or smoky environments

For more in-depth information about all of the new requirements, please refer to this Government factsheet.

1st October 2023 the Building Safety Act. (Phase 3)

Section 156 of the Building Safety Act 2022

Section 156 of the Building Safety Act 2022 (BSA) makes a number of amendments to the Regulatory Reform (Fire Safety) Order 2005 (FSO) to improve fire safety in all buildings regulated by it. These improvements 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). This new fire safety legislation comes into force on 1st October 2023.

Phase 3 further strengthens fire safety in all FSO regulated premises by:

• improving cooperation and coordination between Responsible Persons (RPs).
• increasing requirements in relation to the recording and sharing of fire safety information thus creating a continual record throughout a building’s lifespan.
• making it easier for enforcement authorities to act against non-compliance.
• ensuring residents have access to comprehensive information about fire safety in their building.

Legal Responsibilities for the Responsible Persons (RP)

The Building Safety Bill received Royal Assent in April 2022 and became the Building Safety Act 2022. The new legislation has the effect of amending the Fire Safety Order to:

• require that all RPs must record their completed fire risk assessment, and in full (where previously only specific information was required to be recorded)
• require that all RPs must record the identity of the individual (their name), and/or if applicable, their organisation (name) engaged by them to undertake/review any or all of the fire risk assessment
• require that all RPs must record their fire safety arrangements (demonstrate how fire safety is managed in your premises
• require that all RPs must record (and as necessary update) their contact information, including a UK based address, and share this with other RPs and residents of multi-occupied residential premises where applicable
• require that all RPs must take reasonably practicable steps to ascertain the existence of other Responsible Persons who share or have duties in respect of the same premises, and of Accountable Persons (which are a new legal entity made under the Building Safety Act in the case of higher-risk residential buildings) in relation to the premises – they must then identify themselves to said persons
• require that departing RPs must share all ‘relevant fire safety information’ with incoming Responsible Persons
• require RPs of a building containing two or more sets of domestic premises to provide residents with relevant fire safety information in a format that is easily understood by the residents
• increase the level of fines for some offences
• strengthen the status of statutory guidance issued under Article 50 of the Fire Safety Order

There is also a legislative requirement that, where the Responsible Person appoints a person to make or review the fire risk assessment, they must be competent. This legislative requirement will be brought into force at a later date, and we will provide relevant guidance in that regard ahead of the commencement date. In the meantime, if you do appoint a fire risk assessor our recommendation is that you ensure they are competent to do so, in terms of having sufficient training and experience or knowledge and other qualities. It remains the case that the Responsible Person has a duty to make sure that a suitable and sufficient fire risk assessment is completed.

Guidance explaining what responsible persons need to do as a result of changes made to the Regulatory Reform (Fire Safety) Order 2005 (‘the Fire Safety Order’) through the Building Safety Act 2022 can be found by clicking here.

All of these new requirements have come from the findings of the Grenfell Inquiry, which highlighted some major issues about how fire safety is handled in residential property. Hopefully, with the new elements being actioned, high-rise and HMO buildings will become safer places to live.

Further Assistance

This article has been kindly created by our friends, InfoWire Limited. They have been supporting companies, landlords and businesses and have in excess of 23 years experience in helping achieve compliance across many industry sectors. For further details on how to get help, contact kit@infowire.co.uk or call Kit Maharajh 07852 278339.