The Regulatory Reform (Fire Safety) Order 2005 or "the Fire Safety Order" is the main law that you must comply with if you own, manage, or operate a business. It applies across England and Wales and came into force on 1 October 2006.
The Order applies to almost all buildings, places, and structures. It does not include individual private homes (individual flats in a block or family homes); however, it does include shared areas in blocks of flats, maisonettes, and houses of multiple occupation (HMOs).
Over the last three years several changes have been made to The Regulatory Reform (Fire Safety) Order 2005, the latest being from 1 October 2023, Section 156 of the Building Safety Act 2022, which made changes that affect all Responsible Persons.
What you need to do as a Responsible Person
Documenting and recording
All Responsible Persons must now record all findings from their fire risk assessment, regardless of the size or purpose of the premises. Previously this was only necessary where significant findings were discovered in buildings that had:
· five or more employees
· a licence in place
· an alterations notice served on it.
All Responsible Persons must now record their fire safety arrangements.
All Responsible Persons must now record the full name and company details (if applicable) of the individual employed, or contracted by them, to undertake or review any part or all of the fire risk assessment. Anybody appointed to do this must now be competent i.e. must have sufficient training and experience or knowledge.
Cooperation and coordination
All Responsible Persons must now have a UK based address where they, or someone on their behalf will accept notices and other documentation.
This must include their contact information and be recorded and updated as it changes
This must be shared with other relevant responsible persons and any residents of multi-occupied residential buildings.
All Responsible Persons must now make sure they identify and make themselves known to any other Responsible Persons at the same premises.
Any outgoing Responsible Persons must take reasonable steps to share all relevant fire safety information with the incoming Responsible Persons to maintain a chain of fire safety information across the whole of a building's lifetime.
Higher-risk buildings
Under the new laws the Building Safety Regulator (BSR) will regulate high-rise buildings. These are buildings with seven or more storeys or that are 18 metres or higher, and either:
have at least two residential units
are hospitals or care homes (during design and construction)
From 1 October 2023 all these buildings must be registered with the BSR and the BSR becomes the new building control authority for these buildings.
Responsible Persons for premises in a higher-risk building must identify and co-operate with the Accountable Person/s:
An Accountable Person is a new legal entity under the Building Safety Act 2022
An Accountable Person is someone who has the responsibility to repair or maintain anything under leasehold.
Information sharing
Responsible Persons in multi-occupied residential buildings must provide residents with "relevant fire safety matters". Responsible Persons now need to provide residents with:
Instructions on how to report a fire
A reminder of what the evacuation strategy is for that building
Any other instruction that tells residents what they must do once a fire has occurred, based on the building’s evacuation strategy.
The risks that have been identified in the fire risk assessment - new
The preventive and protective measures - new
The name and UK address of the Responsible Person as well as the identity of any person appointed to assist with making or reviewing the fire risk assessment – new
Other Changes to the Fire Safety Order
As well as the changes above, the Building Safety act also makes the following changes to the Fire Safety Order:
After 1 October 2023 you can receive an unlimited fine for the offences below:
o Where someone intentionally impersonates an inspector
o When someone fails to comply (without reasonable excuse) with specific requirements imposed by an inspector (such as by not providing a copy of the fire risk assessment when requested)
o When someone fails to comply with requirements relating to the installation of luminous tube signs.
Section 156 of the Building Safety Act also strengthens the status of all Article 50 guidance. This means that a court may take into account whether or not you comply with Article 50 guidance when establishing whether there was a breach of the Fire Safety Order.
Government guidance is available that explains what a Responsible Persons need to do because of these changes: Fire safety responsibilities under Section 156 of the Building Safety Act 2022 - GOV.UK