Fire Safety Act 2021: What Responsible Persons Need to Know

NIG Risk Assist has updated us on the changes to the Fire Safety Act and what these mean for you as a "Responsible Person." This guide will help you identify your role and ensure compliance, avoiding penalties and enforcement.

Background to the Fire Safety Act

The Fire Safety Bill, introduced by the Home Office in April 2021, was designed to strengthen fire safety measures in England and Wales following the Grenfell tragedy of 2017. It builds upon the existing Regulatory Reform (Fire Safety) Order 2005 and places additional duties on the “Responsible Person” (RP).

The Responsible Person may be:

  • An employer

  • A freeholder

  • A management company

  • A managing agent

Your duties include ensuring that fire risk assessments are up to date, implementing appropriate safety measures, and appointing a suitably qualified assessor where required.

Key Changes in the Fire Safety Act

  1. Definition of Multiple Occupancy
    Any residential building with two or more domestic premises is now classed as multi-occupied, regardless of height.

  2. External Wall Systems and Doors
    External parts of buildings, such as walls, balconies, cladding, windows, and entrance doors to flats leading into communal areas, must be included in fire risk assessments. These must be maintained with the correct fire-rated components.

  3. Risk-Based Guidance
    The Act introduces a risk-based approach to fire safety, encouraging assessments tailored to the features of each building.

Buildings Affected

  • Multi-occupied residential properties, from large high-rise blocks to houses converted into flats

  • Non-domestic premises, including workplaces, commercial buildings, and public-access areas

  • Common areas of multi-occupied residential buildings

In shared premises, there may be more than one Responsible Person. Fire safety plans must be coordinated to ensure everyone’s safety.

Building Regulations and Compliance

For new premises or building works, compliance with fire safety building regulations is required. Fire safety must be considered in the design stage of new builds, extensions, or alterations.

Carrying out fire risk assessments is essential not only for safety but also to demonstrate compliance. Failure to follow regulations can result in fines or imprisonment. Local fire and rescue authorities have powers to inspect and issue fire safety notices.

Further Resources

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