The government has announced the introduction of the Fire Safety Act 2021 in England and Wales, which will apply from 23 January 2023. The Act clarifies which parts of multi-occupied residential buildings (such as blocks of flats and Houses in Multiple Occupation – HMOs) apply under the Regulatory Reform (Fire Safety) Order 2005 (FSO), and who is responsible for maintaining fire safety for these areas. The changes outlined in this Act are in line with the Building Safety Bill’s proposed regulations.
What are the current rules?
The FSO currently applies to all commercial premises in England and Wales, including multi-occupied residential buildings. Responsibility lies with the “responsible person” of the premises – which could be the owner of the building or the managing agent that has control over the building. This responsible person must carry out an assessment of the fire risks to people on the premises or nearby.
What’s changing from January 2023?
The new Fire Safety Act 2021 amendment affects buildings containing more than one home, and clarifies that the FSO also applies to the structure and external walls, and all doors between the domestic and common parts of the property.
This includes windows, balconies, cladding, insulation and fixings and any common parts, as well as all doors between homes and common areas.
What does this mean for landlords and agents?
The responsible person needs to ensure their fire risk assessments are updated to take these new parts into account, if they haven’t already done so, and regularly review the assessment.
Who can assess the building for fire risk?
The assessment should be undertaken by a “competent professional”, with new guidance available to help agents and landlords choose an appropriate assessor.
I’ve already assessed the risk of the new areas under the Act, do I need to do it again?
Any landlords or agents that have already reviewed the fire risk assessment for a particular building to stay compliant with the Fire Safety Act will not need to review it again.
How will the Act be enforced?
The responsible landlord or agent may need to share evidence with enforcing authorities that they’ve considered the new requirements under the Fire Safety Act and how it affects their existing fire risk assessment.
