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Fire Safety Legislation (Draft)

Ensuring fire safety is paramount for the protection of lives and property. In England, several key pieces of legislation outline the responsibilities of individuals and organisations in maintaining fire safety standards. Below is an overview of the primary fire safety laws and regulations.

Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order 2005 consolidates previous fire safety laws into a single framework. It mandates that the "Responsible Person" (typically the employer, owner, or occupier of premises) must:

  • Carry out and regularly review a fire risk assessment to identify potential hazards and risks.
  • Implement fire safety measures to mitigate identified risks.
  • Develop a fire safety plan that includes emergency evacuation procedures and routes.
  • Ensure that fire detection and alarm systems are correctly installed and maintained.
  • Train employees and occupants in fire safety procedures and their responsibilities.
  • Conduct regular fire drills and ensure that escape routes are clear and well-marked.
  • Maintain fire safety equipment and keep accurate records of maintenance and inspections.

Failure to comply with these requirements can result in significant fines or imprisonment.

Guidance about the Regulatory Reform (Fire Safety) Order 2005 can be found here.


Fire Safety Act 2021

The Fire Safety Act 2021 clarifies and extends the scope of the Regulatory Reform (Fire Safety) Order 2005. It specifically addresses fire risks related to the building's structure and external walls, including cladding, balconies, windows, and entrance doors that open into common areas. Key requirements include:

  • Ensuring that the fire risk assessment covers external wall systems and fire doors.
  • Identifying any risks from external wall systems and taking measures to reduce them.
  • Providing clear communication to residents about fire safety measures and evacuation procedures.
  • Regularly reviewing and updating fire safety information as necessary.

This Act was introduced to address safety concerns following incidents such as the Grenfell Tower fire and is applicable to both England and Wales.

More information about the Fire Safety Act 2021 can be found here.


Fire Safety (England) Regulations 2022

These regulations were introduced to implement recommendations from the Grenfell Tower Inquiry Phase 1 report. They impose additional duties on responsible persons of high-rise residential buildings, including:

  • Conducting regular inspections of fire doors in communal areas and individual flats.
  • Installing and maintaining fire safety signs and notices throughout the building.
  • Sharing floor plans and other critical safety information with local fire and rescue services.
  • Notifying residents of fire safety measures and procedures.
  • Implementing systems to identify and monitor fire safety issues, including building materials and structural integrity.

The regulations aim to enhance fire safety awareness and preparedness among residents and ensure rapid and coordinated responses during emergencies.

More information about the Fire Safety (England) Regulations 2022 (the Regulations) can be found here.


Building Safety Act 2022

The Building Safety Act 2022 introduced the Building Safety Regulator, whose role is to oversee the safety and performance of higher-risk buildings. Key elements of the Act include:

  • Establishing a new regulatory framework for higher-risk residential buildings.
  • Introducing the Building Safety Regulator to enforce safety standards.
  • Implementing a safety case regime for high-rise residential buildings.
  • Ensuring that residents have greater access to fire safety information.
  • Improving the competence of those responsible for building safety management.

The Act aims to create a more robust safety culture in the building and construction industry, ensuring that safety is a core consideration throughout the lifecycle of a building.

Section 156 of the Building Safety Act 2022

Section 156, which took effect from 1 October 2023, imposes additional responsibilities on responsible persons to maintain full and accurate records of fire risk assessments, irrespective of the building type or size. Key provisions include:

  • Recording the entire fire risk assessment, including significant findings and actions taken.
  • Updating and maintaining the assessment as changes occur or new risks are identified.
  • Ensuring that the assessment is accessible to residents and relevant authorities.

More information about the Building Safety Act 2022 can be found here.


Business Legislation and Responsibilities

Businesses have specific legal responsibilities to ensure fire safety. This includes conducting comprehensive fire risk assessments, maintaining fire safety equipment, and ensuring staff are trained in evacuation procedures. Failure to comply can result in prosecution and significant financial penalties.

For more details on business responsibilities, visit the Business Legislation and Responsibilities page on the ESFRS website.


Information Required by the Fire and Rescue Authority

Responsible persons must provide specific information to their local Fire and Rescue Authority to ensure compliance with both the Building Safety Act 2022 and the Regulatory Reform (Fire Safety) Order 2005. This includes:

  • Fire risk assessment records and updates.
  • Detailed descriptions of fire safety measures and their maintenance.
  • Plans for evacuation and firefighting equipment locations.
  • Any changes to building structure or fire safety management practices.
Sending us external wall and fault reports and building plans

Additional Resources

For further information and guidance on fire safety legislation and responsibilities, please visit:

Staying compliant with these regulations helps protect lives and property, ensuring that safety remains a priority for all building owners and managers.