The new Fire Safety Act 2021 and Fire Safety (England) Regulations 2022

Overview

Fire Safety Act 2021

The new Fire Safety Act 2021 (the Act) came into force on the 16 May 2022. This new act makes changes to the Regulatory Reform (Fire Safety) Order 2005, often simply called the Fire Safety Order. 

These changes relate to the role of responsible persons (RPs) for multi-occupied residential buildings, clarifying that they must manage and reduce the risk of fire for the structure and external walls of the building.  

The Fire Safety (England) Regulations

After the Grenfell Tower tragedy in 2017, the Independent Grenfell Tower Inquiry was launched. The Inquiry’s first phase report was published in October 2019 and made recommendations which requires the law to be changed in order to come into effect.

As a result, in addition to the new Act, the Fire Safety (England) Regulations 2022  (the Regulations) will also be introduced and will come into effect in January 2023. These regulations have been made by changing s.24 of the Fire Safety Order, which relates to the Government’s power to make regulations about fire precautions. The Regulations also relate to the duties of responsible persons in multi-occupied buildings 

Details of what Responsible Persons need to know in relation to the Act and Regulations can be found below.

The Fire Safety Act 2021 - what responsible persons need to know

The new Fire Safety Act clarifies where it applies in relation to buildings: (1) with  two or more sets of domestic premises; and (2) in multi-occupied residential buildings:

(1) For buildings that contain two or more sets of domestic premises

 The Fire Safety Order will apply to: 

(a) the building's structure and external walls. This will include:

  • windows
  • balconies
  • cladding
  • insulation
  • fixings
  • any common parts

and

(b) all doors between domestic premises and common parts, such as flat entrance doors, or any other relevant door.

(2)  For multi-occupied residential buildings

The Responsible Person must manage and reduce the risk of fire for:

  • the structure and external walls of the building
  • anything attached to the exterior of those walls such as cladding, balconies and windows
  • entrance doors to individual flats that open into common parts

The Fire Safety (England) Regulations - what Responsible Persons need to know

Responsible Persons (RPs) will need to plan and prepare in advance for the Regulations which will come into force on the 23 January 2023.

If you are an RP for a multi-occupied residential building, some of the actions you will need to take will depend on the height and type of  building you are an RP for: 

  • some provisions will apply to all buildings, regardless of height 
  • further provisions will apply once a building reaches 11 metres or more in height 
  • additional requirements will apply for buildings of 18 metres or seven storeys or more

Details of these provisions are as follows:

Relating to all multi-occupied residential buildings of two or more sets of domestic premises

Fire safety instructions:

Relevant fire safety instructions must be provided to residents. These instructions should relate to: 

  • how to report a fire
  • what a resident must do once a fire has occurred.

Fire door information

Residents must be provided with information relating to the importance of fire doors in fire safety.

Multi-occupied residential buildings of between 11 and 18 metres in height

In addition to the requirements set out for all multi-occupied residential buildings, RPs for such buildings of 11 metres and over in height must carry out:

Annual and quarterly checks for fire doors

RPs must  :

  • use their best endeavours to carry out annual checks of flat entrance doors.
  • undertake quarterly checks of all fire doors in common parts
High-rise residential buildings of at least 18 metres or 7 storeys in height

In addition to the provisions for all multi-occupied residential buildings and those of or over 11 metres in height, RPs must also provide, undertake and install the following:

Building plans

RPs must:

  •  electronically provide Kent Fire and Rescue Service (KFRS) with up-to-date building floor plans.
  • place a hard copy of (a) up-to-date buildings plans and (b) a single page building plan that identifies key firefighting equipment in a secure information box on site.

External wall systems

RPs must:

  •  provide KFRS with information about the design and materials of a high-rise building's external wall system
  • inform KFRS of any material changes to these walls
  • provide information in relation to the level of risk that the design and materials of the external wall structure gives rise to, and any mitigating steps taken

Lifts and other key fire-fighting equipment

RPs must:

  • undertake monthly checks on the operation of lifts intended for use by firefighters, and evacuation lifts in their building
  • check the functionality of other key pieces of firefighting equipment
  • report any defective lifts or equipment to KFRS as soon as possible after detection if the fault cannot be fixed within 24 hours
  • record the outcome of checks and make them available to residents
  • install and maintain a Secure Information Box in their building, which must contain the name and contact details of the RP and hard copies of the building floor plans
  • install wayfinding signage - signage visible in low light or smoky conditions that identifies flat and floor numbers in the stairwells of relevant buildings

 

Preparing for the changes

Responsible Persons are advised to start planning and preparing now for the forthcoming changes.

1. RPs should initially consider the Fire Safety Act Commencement Prioritisation Guidance published by the Home Office in May 2022. 

2.  Use the new  Fire Risk Assessment Prioritisation Tool (FRAPT). See below for further information about this tool. 

3.  Start forming their fire risk assessment review prioritisation strategies.

4. Ensure their reviewed assessments take into account the requirements of the FSO (as amended). 

5. Consider what steps are necessary in order to be ready to share additional information with KFRS by the 23 January 2023 when the Regulations come into force.

6. In preparation for complying with the new Regulations, RPs can begin work now on some aspects of the requirements, for example, the installation of wayfinding signage, and the procurement of Secure Information Boxes. 

Please note: RPs are advised not to begin submitting their information to KFRS at this stage, unless this has already been agreed with KFRS.

Details regarding the provision of information to KFRS will be detailed in forthcoming Home Office guidance.

Fire Risk Assessment Prioritisation Tool (FRAPT)

The Protection, Policy and Reform Unit of the National Fire Chief's Council and the Home Office have produced an online tool (the FRAPT) to assist RPs in developing a strategy.

What the FRAPT does

  • FRAPT will help RPs to prioritise their building, review their fire risk assessment(s) and ensure the clarifications outlined in the Act are taken into account.
  • Ensures competent professionals with the necessary skills to assess external walls (such as fire engineers, fire risk assessors, surveyors, or architects) prioritise allocating their resources to buildings identified as high priority.

Please note however, the FRAPT is not a fire risk assessment in itself and does not remove the need or requirement for both KFRS and Responsible Persons to act upon known or suspected risk in all premises. 

Using FRAPT

Responsible Persons are urged to read the helpful government information about the Fire Safety Act 2021 and how it will affect RPs. Included in this information you will find the Fire Safety Act Commencement Guidance (already referred to above), factsheets and a link to the tool itself. Before using the tool, please read the Commencement Guidance.

Learn more about FRAPT, how to access and use it

Timings and further information

The Fire Safety Act 2021 came into force on the 16 May 2022

The Fire Safety (England) Regulations 2022 will come into force on the 23 January 2023.

Guidance to support RPs in complying with new Regulations will be published by the government in the summer of 2022 - date to be announced. 

The Fire Risk Assessment Prioritisation Tool is now live and can be accessed (see above)

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Further information on matters relating to the Act and Regulations and what they mean can be found as follows:

If you require any additional advice, assistance or guidance please contact KFRS Business Safety Team by phone on  01622 212 442  or by email at buildingsafetyenquiry@kent.fire-uk.org