On 23rd January 2023, the new Fire Safety (England) Regulations 2022 came into force, implementing several recommendations made within the Phase 1 report of the Grenfell Tower Inquiry.
These new rules impose a number of new duties on ‘responsible persons’ in relation to mid- and high-rise apartment buildings, to provide information to the fire and rescue services so they can plan their operations and take additional safety precautions.
What buildings do the Regulations apply to?
All multi-occupied residential properties with common parts, from student housing to mixed-use buildings featuring both commercial and living spaces, must comply with these revised fire safety regulations. These could be high-rise or mid-rise properties, however, for high-rise, the regulations are more stringent.
The owner, leaseholder or manager of a building may be classified individually or jointly as a ‘responsible person’ and it is essential to properly identify all involved in order for everyone to remain compliant with their new duties.
What duties fall to the responsible person?
In multi-occupied residential structures (those with two or more ‘households’ or domestic premises along with common parts), a ‘responsible person’ must:
- offer critical fire safety instructions to inhabitants, such as how to report a fire and what to do in the case of a fire, depending on the building’s evacuation strategy;
- provide detailed information to people on the necessity and operation of fire doors;
- provide annual updates regarding all aforementioned information.
In mid-rise residential buildings above 11 metres, there will be a need to:
- undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common parts.
In high-rise residential buildings (those over 18 metres in height, or with 7 or more storeys), the ‘responsible person’ should:
- Install and maintain a secure information box in a communal area which holds the name and contact information of the responsible person(s), as well as physical copies of the building floor plans;
- Supply their local Fire and Rescue Service with up-to-date electronic building floor plans and keep a paper copy of these plans in a secure information box on site, together with a one-page building plan identifying important firefighting equipment;
- Submit detailed information regarding the design and materials of a high-rise building’s external wall system to the local Fire and Rescue Service and notify the Fire and Rescue Service of any material changes to these walls. Submit evidence on the amount of risk posed by the design and materials of the exterior wall structure, as well as any mitigation measures employed;
- Conduct monthly inspections on the functioning of elevators designed for use by firefighters, as well as evacuation lifts in the building. The performance of other critical pieces of firefighting equipment will also need to be checked, with any malfunctioning elevators or equipment reported directly to the local Fire and Rescue Service as soon as practicable after discovery. The checks should be documented and communicated to residents;
- Install signage identifying flat and floor numbers in stairwells of relevant buildings that remain visible in poor light or smoky situations.
It is important that all residents be given instructions on fire safety, and what to do in an emergency in all multi-occupied residential complexes. This should be clearly communicated across common areas and in leasing/rental documentation.
Why are parts of the regulations only limited to high-rise buildings?
The Grenfell Inquiry’s recommendations focused mostly on high-rise structures due to the nature of the incident itself. In England, a high-rise building is defined as a height of 18 metres (or at least seven stories). At this height, not only do building regulations become far more restrictive, but the methods used for firefighting differ greatly.
Limiting the elements of the legislation that compel ‘responsible persons’ to submit information about their building electronically with Fire and Rescue Services guarantees that the Fire Service has the information it needs to respond to perhaps the most complicated fires.
However, within the amendments to the regulations, the Government also reassured residents of all other multi-occupied residential buildings with common parts that they will be given fire safety instruction and the support necessary to help them feel safer in their own homes, irrespective of the height of the residential building.
The new regulations do not currently cover Personal Emergency Evacuation Plans (PEEPS), however, the government ran a separate consultation on the issue in 2021 and intends to deal with evacuation from high-rise, and other residential buildings, as a separate issue.
These regulations represent yet another recent development in the law of Fire Safety. They bring with them ongoing duties which building owners and managers need to undertake. Our property litigation team at Buckles can advise further.
