Consultation outcome

Personal Emergency Evacuation Plans in high-rise residential buildings (accessible version)

Updated 30 August 2022

This was published under the 2019 to 2022 Johnson Conservative government

About this consultation

To: This consultation is open to the public and is targeted at individuals and groups likely to be impacted by, or representing the interests of those affected by the regulatory regime set out by the Regulatory Reform (Fire Safety) Order 2005, including but not limited to: residents of high-rise tower blocks and other persons lawfully on, or in the immediate vicinity of, said premises and who would be at risk from fire on the premises, ‘Responsible Persons’ including the building owners and managers, occupiers, or other persons in control of relevant premises; Fire safety professionals, and Enforcing Authorities.

We welcome responses from anyone else with an interest in, or experience of, the areas being consulted on.

The consultation relates to England only.

Duration: From 08/06/2021 to 19/07/2021

Enquiries (including requests for the paper in an alternative format) to:

Email: FireSafetyUnitconsultations@homeoffice.gov.uk or

Fire Safety Unit Consultations
Home Office
2 Marsham Street
Fry Building
London
SW1P 4DF

How to respond: Respondents can answer as many or as few questions as they wish. You do not have to comment on every section or respond to every question in each section but can focus on where you have relevant views and evidence to share. If you wish to respond to all questions, you do not have to complete the whole form at once.

Please send your response by 19 July 2021.

Please respond to the questions in this consultation online

Alternatively, you can send in electronic copies to: FireSafetyUnitconsultations@homeoffice.gov.uk or,

Alternatively, you may send paper copies to:

Fire Safety Unit
Home Office
2 Marsham Street
Fry Building
London
SW1P 4DF

Additional ways to respond: If you wish to submit other evidence, or a long-form response, please do so by sending it to the email address or postal address above.

Response paper: A response to this consultation will be published online

Foreword

The Grenfell Tower fire was a national tragedy that resulted in the greatest loss of life in a residential fire in the UK since the Second World War. None of us will ever forget the events of that terrible night and our thoughts remain with the bereaved survivors and residents of the Lancaster West Estate.

This Government is committed to learning lessons and making improvements in building and fire safety to prevent such tragic events occurring in the future. The recently enacted Fire Safety Act 2021 is the start of significant legislative change that will ensure a better regulatory landscape for the future. To build on this, in the coming months, the Government intends to introduce further primary legislation to improve building safety. The Building Safety Bill will help ensure that the public are safe and feel safe where they live, stay and/or work, and that those responsible for fire safety in regulated premises are held to account.

This consultation seeks views on implementing the Grenfell Inquiry’s recommendations in relation to personal emergency evacuation plans (“PEEPs”) in high-rise residential buildings. This is just one of a series of measures to implement the Inquiry’s recommendations on which we have already consulted, and our intention, subject to consideration of the responses to this consultation, is to lay regulations later this year.

These legislative changes are only part of the action we are taking. Our vitally important remediation programme is supported by a £5 billion investment in building safety to fully fund the cost of replacing unsafe cladding for all leaseholders in residential buildings 18 metres and over in England and a financing scheme to support the removal of unsafe cladding from buildings of 11-18m, under which leaseholders will contribute no more than £50 per month.

Our promise as a Government is to work together to ensure that no such tragedy can ever be allowed to happen again, and that all people are safe from fire where they live, stay or work.

Lord Greenhalgh, Minister of State for Building Safety, Fire and Communities at the Ministry of Housing, Communities & Local Government and Home Office

Executive Summary

The Government is determined to learn lessons and ensure that others do not suffer the loss and trauma that the Grenfell community faced as a result of that terrible night in June 2017. Implementing the recommendations from Phase 1 of the Grenfell Inquiry is vitally important to ensure that the lessons are learnt, and changes are made.

This consultation is one of many steps the Home Office has taken to deliver the Inquiry’s recommendations. These include:

• Bringing forward the Fire Safety Act 2021 ^{[footnote 1]} that puts beyond doubt that under the Fire Safety Order, those responsible including the owners or managers of multi- occupied residential buildings must assess the fire safety risks of the structure, external walls (including cladding), balconies and flat entrance doors. The measures also allow enforcement action to be taken confidently by Fire and Rescue Authorities in respect of these parts of the building. The Act achieved Royal Assent in May 2021 and will be commenced in the coming months.

• Established a new Fire Protection Board ^{[footnote 2]} , chaired by the National Fire Chiefs Council, to lead a programme of work, supported by £10 million of Government funding, to ensure that all high-rise residential buildings in England are inspected or reviewed by the end of 2021.

• A consultation on Fire Safety ^{[footnote 3]} that outlined proposals designed to strengthen the Fire Safety Order 2005 and improve compliance in all regulated premises; to implement the Grenfell Tower Inquiry Phase 1 Report recommendations that require a change in the law, and to improve the effectiveness of consultation between Building Control Bodies and Fire and Rescue Authorities on planning for building work and the arrangements for the handover of fire safety information. The Government’s response to this consultation was published in March 2021 ^{[footnote 4]}.

• A Call for Evidence ^{[footnote 5]} that sought to gather information to assess changes needed to the Fire Safety Order 2005 and how they may best be achieved to deliver high and proportionate standards of fire safety in all non-domestic premises, including those within high-rise residential buildings.

This consultation is a further step to deliver on the recommendations from the Grenfell Tower Inquiry Phase 1 specifically in relation to PEEPs for high-rise residential buildings and is seeking views on the policy proposals set out below.

Legislative context

We aim to implement PEEPs by the introduction of regulations through a power in article 24 of the Fire Safety Order. The Fire Safety Order is the cornerstone of fire safety legislation and extends to England and Wales, regulating fire safety in non-domestic premises, including workplaces and the non-domestic parts of multi-occupied residential buildings. The Order adopts a risk-based approach to fire safety requiring Responsible Persons to ensure that general fire precautions are in place to mitigate against the risks which are identified. It places fire safety duties on persons with control of the premises – the Responsible Persons or others with sufficient control (duty-holders) to the extent of their responsibilities under the Order. In this way, the Fire Safety Order aims to reduce the risk of fires and mitigate their effect.

PEEPs in the workplace

Whilst PEEPs in a high-rise residential setting are not commonplace, PEEPs are more common in the workplace. PEEPs in the workplace seek to provide people who cannot get themselves out of a building unaided with a bespoke escape plan in a fire emergency. However, the workplace and residential building are different and therefore a PEEP in a residential setting will need to reflect that different context.

PEEPs in a high-rise residential setting

PEEPs need to reflect the fact that high-rise residential buildings are different, built at different times, using different techniques. Some will have a ‘stay put’ strategy in place, but others will require ‘simultaneous evacuation’ in the event of a fire. Some buildings may employ staff as caretakers or security staff, others will not.

We are seeking views on how PEEPs will work in a high-rise residential setting from all those impacted, including building owners and managers (Responsible Persons), the Fire and Rescue Service and residents.

PEEPs and residents

Residents in high-rise buildings may include owner-occupiers, private renters, social housing tenants or a mix of these. Our proposals apply to all residents of high-rise buildings regardless of the category.

Our expectation is that PEEPs in high-rise residential buildings will help provide a tailored approach to evacuation for those residents who would have difficulty self-evacuating in the event of a fire. There are varying reasons that residents in high-rise buildings may need to consider such a plan, including (but not limited to): people with mobility impairments (including wheelchair users); people with a cognitive impairment; and people with a

hearing or visual impairment. Our proposals recognise that some of these may not wish to have or decide that they do not need to have a PEEP.

PEEPs and the Fire and Rescue Service

A Fire and Rescue Service is the operational arm of each local Fire and Rescue Authority. Fire and Rescue Authorities are obliged to enforce the duties set out in the Fire Safety Order and regulations made under it. We do not propose that for a PEEP to be effective that reliance is placed upon the intervention of the Fire and Rescue Service.

PEEPs and Responsible Persons

Building on existing provisions in the Fire Safety Order, we propose to place additional legal requirements on the Responsible Person (which includes building owners and managers) and on those who otherwise have control of the building (or part thereof) under the Order. Those persons currently have overall responsibility to put in place general fire precautions to ensure the building (and people in it) is safe.

Proposals

We are consulting on the following proposals in relation to high-rise residential buildings and inviting views on them. For these proposals to work, they rely on co-operation and information sharing between Responsible Persons / duty-holders, residents and Fire and Rescue Services. We encourage all these people, and any others who have an interest, to respond to this consultation. The questions in this consultation aim to establish the range of views on each of the proposals and we will consider the responses to inform the final policy decision.

Proposal 1: We propose to require the Responsible Person to prepare a PEEP for every resident in a high-rise residential building who self-identifies to them as unable to self-evacuate (subject to the resident’s voluntary self-identification) and to do so in consultation with them.

Proposal 2: We propose to provide a PEEP template (Annex A) to assist the Responsible Person and the residents in completing the PEEP, and to support consistency at a national level.

Proposal 3: We propose to require the Responsible Person to complete and keep up to date information about residents in their building who would have difficulty self-evacuating in the event of a fire (and who have voluntarily self-identified as such), and to place it in an information box on the premises to assist effective evacuation during a rescue by the Fire and Rescue Service.

Proposal 4: We propose, in order to assist the Responsible Person and support consistency at a national level, to provide a template to capture the key information to be provided in the information box (Annex B).

Subject to the outcome of the PEEPs consultation, we propose to make both templates available on the Government’s website and free to download. Pending the outcome of this consultation, we propose to supplement these proposals with further guidance.

This consultation sets out proposals in relation to buildings in England only.

Next steps

During the consultation period, we will engage with a wide range of external stakeholders including residents’ and victims’ groups, Responsible Persons (building owners, building managers and duty-holders), the Fire and Rescue Services ^{[footnote 6]} , other enforcing authorities, existing regulators and other organisations who represent those who have statutory responsibilities under the Fire Safety Order or are otherwise affected or have an interest in it.

Once the consultation closes on 19 July, all the responses and representations made will be considered, after which a Government response to this consultation will be published setting out the final policy position approved by Ministers. Subject to consideration of the responses and the final Ministerial decision, the intention is for the proposals to be implemented in secondary legislation alongside other Grenfell recommendations in autumn 2021.

About you and your response

These first few questions in the consultation are asking about the capacity in which you are responding to the consultation and other information which will be used to support analysis and to help us to understand who is responding to this consultation and the context of their answers.

This section is voluntary; your details will be held securely according to the data protection legislation. More information on what data we are collecting, why and how it will be looked after can be found in the fire safety consultation privacy information notice.

We have not asked you for any personal data, however your opinions may include personal data and by responding electronically we will have your IP address and/or your email address. All personal data will be deleted after the response to the consultation has been published.

Every effort will be made to ensure individuals will not be identifiable in any reports or summaries of responses.

Questions

Q1: Please indicate whether you are responding as an individual or on behalf of an organisation.

a) Individual, or

b) On behalf of an organisation

Q2: Please select in what capacity you are responding to this consultation. Please select any that apply.

a) Resident - An individual living in a high-rise residential building

b) Residential group for a high-rise building - A collective body of those living in high- rise residential buildings

c) Other resident or residential group - An individual or a collective body different than the two described above

d) Responsible Person - One who has control over a premises to which the Fire Safety Order applies, defined by Article 3 of the Order

e) Duty-holder - One on which any duty is placed by the Fire Safety Order as referred to in article 5(3) of the Order

f) Building owner - for the purposes of this consultation, a person or persons, company, corporation, authority, commission, board, governmental entity, institution, owner, lessee, or any other person or entity that holds title to the relevant premises

g) Enforcing authority - A body responsible for enforcing compliance with the Fire Safety Order, as referred to in article 25

h) Local authority - An administrative body in local government

i) Construction company - A company that undertakes construction projects

j) Property company - A company that buys, sells and/or rents properties

k) Building Control Body - A body responsible for ensuring compliance with the Building Regulations

l) Trade association - A body representing businesses of a particular sector

m) Professional body - An organisation that promotes, supports and protects a particular profession

n) Other - Any individual or organisation not covered in a) - m) above

If other, please specify.

Q3: If you are responding on behalf of an organisation, please provide details of:

a) The name of the organisation you are representing




b) Your role

c) Your responsibilities in the organisation

d) If you are responding on a behalf of a residents’ group, please indicate how many people the organisation represents?

a. Less than 10

b. 10-49

c. 50-249

d. 250-999

e. 1,000 or more

e) How many people does the organisation employ?

a. None b. Less than 10 c. 10–49 d. 50–249

Q4: If you are responding on behalf of a trade body or other representative group of individuals or organisations, please provide:

a) The name of the group

b) Brief description of its objectives (250 words)

c) Brief description of its membership (250 words)

d) Number of members

a. Less than 10

b. 10–49

c. 50–249

d. 250–999

e. 1,000 or more

Introduction

The Independent Grenfell Tower Inquiry was established in August 2017 and is being conducted in two phases. ^{[footnote 7]} Phase 1, which has now concluded and published a report in October 2019, ^{[footnote 8]} focused on the events and actions taken on the night of the fire, including the emergency response. Phase 2 is looking into how the tower came to be so exposed to the risk of fire and will also focus on events and actions in the days following the fire.

This consultation sets out how the Government plans to implement the Grenfell Tower Inquiry Phase 1 Report recommendations in relation to Personal Emergency Evacuation Plans in high-rise residential buildings. It includes the rationale for these proposals, outlines the links they have to other recommendations made by the Inquiry in the Phase 1 report, describes the new proposals, and seeks views regarding them. In doing so, we set a framework to deliver on these specific Inquiry recommendations while allowing for flexibility on how these could be implemented subject to the outcome of this consultation. This consultation is not seeking views on other non-PEEP related proposals.

This consultation follows the 2020 Fire Safety Consultation which made proposals: to strengthen the Fire Safety Order and improve compliance with it in all regulated premises; to implement the Grenfell Tower Inquiry Phase 1 Report recommendations that require a change in the law, and; to improve the effectiveness of consultation between Building Control Bodies and Fire and Rescue Authorities on planning for building work and the arrangements for the handover of fire safety information. Details of this consultation can be found on the Government’s website ^{[footnote 9]}.

The Impact Assessment available alongside this PEEPs consultation indicates which groups are likely to be particularly affected by the proposals. We are keen to get wide views from all those impacted, including (but not limited) to:

• residents in high-rise buildings, other multi-occupied residential buildings, and their representative groups including disability support groups

• building owners, managers and Responsible Persons and their representative groups

• Fire and Rescue Services, the National Fire Chiefs Council and fire safety professionals

As part of the consultation planning process, policy officials also considered the impact that these proposals might have and whether the proposals will or will not be likely to lead to discrimination or disadvantage, based on the protected characteristics as specified in the Equality Act 2010. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Equality Impact Assessment is available alongside this PEEPs consultation.

Context

Relevant fire safety legislation

Regulatory Reform (Fire Safety) Order 2005 (“Fire Safety Order”)

To deliver changes, we propose to make regulations under Article 24 of the Fire Safety Order 2005. Before making such regulations, the Secretary of State must consult such persons as appear to them to be appropriate. Any regulations made will be supported by guidance.

The Fire Safety Order applies to all premises (save for those expressly excluded) including workplaces and the non-domestic parts of all multi-occupied residential buildings.

Regulations made under Article 24 of the Fire Safety Order can impose requirements on Responsible Persons or others, including building owners and building managers, in relation to risks to residents for specific premises ^{[footnote 10]}. Non-compliance with obligations set out in such regulations can be enforced in accordance with Part 3 (Enforcement) and where relevant, Part 4 (Offences and Appeals) of the Order.

Using regulations under article 24 of the Fire Safety Order will ensure that those responsible for high-rise residential buildings must take the necessary steps to engage with residents about evacuation in the event of a fire, should evacuation be necessary.

It is therefore important that we hear from Responsible Persons (such as building managers and building owners) and others with an interest in the Fire Safety Order and/or those likely to be affected by or have views on these proposals. These views will be used to further our understanding of PEEPs in high-rise residential buildings and inform PEEP policy and planned regulations.

Building Safety Bill

The forthcoming Building Safety Bill ^{[footnote 11]} will put in place an enhanced safety framework for high-rise residential buildings, taking forward the recommendations from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. The proposed regulations implementing the recommendation in respect of PEEPs would need to be reviewed when this other legislation comes into force, to ensure the two legislative regimes align.

PEEPs in context

PEEPs can be found in workplaces such as offices, hospitals and care homes. In these cases, a third party is present, or equipment is available and can be used to facilitate the evacuation of a person whose ability to self-evacuate may be compromised. The Fire safety risk assessment: means of escape for disabled people^{[footnote 13]} guidance is available from the Government’s website. Please note this guidance was published before the Equality Act came into force and we plan to update it through our Fire Safety Order guidance overhaul programme.

Reasons why PEEPs may be more easily implemented in workplaces include: there are often other employees present; the Responsible Person (i.e. the employer) is likely to have full control of the entire premises; the Responsible Person can engage in discussion with the employee and enquire about their specific needs; the Responsible Person can identify and implement staff training requirements; the Responsible Person can set up a back-up or a buddy system in discussion with the employee, and provide adaptations or equipment as required as they control their respective budgets.

In contrast, in multi-occupied residential buildings, the Responsible Person is unlikely to have full control of the entirety of premises and who enters and exits; they are responsible for the parts used in common (such as hallways or lobby) and not the individual domestic dwellings. Generally, in high-rise residential buildings, it is less likely that there will be staff members present who could assist with evacuation. The Responsible Person is unlikely to know who is present in a building at all times as this is a personal, private matter for the residents.

Grenfell Tower Inquiry Phase 1 Recommendations

The Grenfell Phase 1 Report included 46 recommendations to improve fire safety, which were directed at a range of organisations including the London Fire Brigade, Fire and Rescue Services, other emergency services, building owners and/or managers, and Government. The Government has already taken a number of steps to implement these recommendations to provide residents with greater assurance, deliver fire safety improvements in their buildings and hold Responsible Persons, including building owners and managers, to account. Following the publication of the Phase 1 Report, the Government has published an update on the progress and steps taken to implement the recommendations of Sir Martin Moore-Bick. The latest update can be found on the Government’s website.^{[footnote 14]}

Grenfell Tower Inquiry Phase 1 Recommendations on PEEPs

The Inquiry made the following recommendations in paragraph 33.22 of its report that this consultation seeks to address:

e) (…) that the owner and manager of every high-rise residential building be required by law to prepare personal emergency evacuation plans for all residents whose ability to self-evacuate may be compromised (such as persons with reduced mobility or cognition);

f) (…) that the owner and manager of every high-rise residential building be required by law to include up-to-date information about persons with reduced mobility and their associated PEEPs in the premises information box (p. 777).

The Government has agreed with the Inquiry, that more should be done to ensure that residents who cannot evacuate from high-rise residential buildings by themselves can do so safely in the event of a fire. Our proposals for implementing these recommendations are set out from page 21 of this consultation.

Other Grenfell Phase 1 recommendations and findings that are relevant to PEEPs

The Inquiry Phase 1 report made a number of other recommendations that are relevant to PEEPs and are being taken forward outside of this consultation. Details can be found in the Government’s response to the Fire Safety Consultation responses to consultation document published in March 2021 ^{[footnote 15]}.

Evacuation and stay put strategy

The Phase 1 report found that the ‘Stay Put’ strategy (explained in the Glossary) failed at Grenfell Tower on the night of 14 June 2017 as the ACM cladding on the building acted as a source of fuel for the fire, compromising compartmentation and failing to prevent the internal spread of fire and smoke within the building. The use of a ‘Stay Put’ strategy in a multi-occupied residential building should be determined by the building owner or manager (Responsible Person), informed by the design, construction and maintenance of the building along with the fire risk assessment completed under the Fire Safety

Order. Instructions in the event of a fire should be communicated to residents and those legally on, or in the vicinity of, the premises by the Responsible Person - in the case of flats, this is usually the owner, freeholder, landlord or managing agent.

The Government has worked closely with the National Fire Chiefs Council (NFCC) to revise NFCC Simultaneous Evacuation Guidance, published on 1 October 2020 ^{[footnote 16]}. This guidance states that ‘Stay Put’ remains an appropriate strategy in most blocks of flats where compartmentation works to stop the spread of fire, and where there are suitably protected means of escape. It also provides fire safety advice in respect of blocks of flats where a stay put strategy was part of the original design but is no longer suitable due to the existence of issues that pose a life risk to individuals, such as having combustible cladding on the external wall system.

The Inquiry recommended that the Government develop national guidelines for carrying out partial or total evacuations of high-rise residential buildings. A joint Home Office and Ministry of Housing, Communities and Local Government technical steering group was set up to support a research project to review means of escape provisions in blocks of flats including the use of a ‘Stay Put’ strategy and evacuation. The group identified four strands to this work: an evidence review to assess academic evidence on methods of evacuation; operational research to test evacuation strategies; building design research to evaluate fire safety provisions in buildings; and human behaviour and public confidence, to better understand public perception and understanding of evacuation strategies. All strands to this research are underway and will consider a range of issues including the risks associated with the evacuation of large numbers of people in order to produce national guidelines for the carrying out of full or partial evacuations of high-rise residential buildings. More details on this will be published in due course.

Evacuation plans

Recommendation 33.22 (c) proposed legislative changes in relation to evacuation plans. The Inquiry’s recommendation was that “that the owner and manager of every high-rise residential building be required by law to draw up and keep under regular review evacuation plans, copies of which are to be provided in electronic and paper form to their local Fire and Rescue Service and placed in an information box on the premises”. As set out in the Fire Safety Consultation, the Government agrees that it is critical for Responsible Persons to have in place an evacuation plan to ensure that all building occupants can safely exit the building in case of an emergency, that the Fire and Rescue Service needs to be aware of the evacuation plan, and the proposals included tested views on this. These proposals have received a high level of support and are subject to further policy development to be delivered under Article 24 of the Fire Safety Order.

Information to residents

The Inquiry also made a recommendation in relation to provision of information to residents (recommendation 33.28). The Fire Safety Consultation included proposals to require Responsible Persons to provide fire safety information to residents, including instructions for evacuation, in an accessible manner. These proposals received high levels of support from the Fire Safety Consultation respondents. Although further work is required to develop this policy area, this consultation assumes a level of meaningful and continuing engagement between Responsible Persons and the residents of their buildings.

Information box on premises

The Inquiry also made a recommendation for an information box on the premises ^{[footnote 17]} to be installed in all high-rise residential buildings and include up-to-date information about persons with reduced mobility and their associated PEEPs in the information box, together with other documents (as outlined by the Inquiry). The Fire Safety Consultation included proposals on these boxes which received strong support from respondents. Subject to further policy development we propose to use the regulation making power of Article 24 in the Fire Safety Order to require information boxes in all existing high-rise residential buildings.

The definition of a high-rise residential building

Whilst the Inquiry did not take a position on a height threshold for defining a high-rise building, the Fire Safety Consultation included proposals to provide clarity as to which buildings would fall within scope of the proposed new regulations. It is proposed that a high-rise residential building is defined as being at least 18 metres in height or having at least seven storeys. There are a number of reasons for this. Firstly, the Inquiry considered specific issues for high-rise residential buildings, and these issues are the starting point and focus of our proposals. Evacuation plans become more complex as more people live in these buildings, it is likely to take longer to evacuate from the higher floors, and if Fire and Rescue Services have to intervene because of a fire, this becomes more challenging in higher buildings ^{[footnote 18]}. The height of 18 metres, as set out in Building Regulations, is the height at which it is considered necessary to adopt additional standards for fire protection in buildings (for example, required structural fire resistance periods vary depending on the height of the building ^{[footnote 19]}). There are advantages in terms of clarity – for responsible persons, for residents and for regulators – in aligning the definition of high-rise buildings across different legislation, and the figure of 18 metres has also been proposed for the definition of high risk building in the draft Building Safety Bill. ^{[footnote 20]}

Wider context

The PEEPs proposals are one of a wider package of measures being taken across Government to support persons with disabilities to remain safe from fire in their homes. As part of this package, MHCLG will be shortly publishing the work they are doing on research into building regulations (Approved Document Part M) ^{[footnote 21]} and the use of buildings by persons who have disabilities. Separately, the Health and Safety Executive, in Autumn, intend to launch its Interim Resident Panel which will engage with residents and relevant organisations (including disability groups) on related matters while proposed legislative measures make their way through Parliament.

Personal emergency evacuation plans in high-rise residential buildings

What is a PEEP and who is it for?

To give effect to the Inquiry’s recommendations, we take the view that the purpose of a PEEP is to provide people who would have difficulty self-evacuating in the event of a fire with a tailored evacuation plan in case they need to do so in a fire emergency.

These reasons for this difficulty could include (but are not limited to) people having:

• mobility impairments (including wheelchair users)
• a cognitive impairment
• a hearing impairment and/or being deaf
• a visual impairment and/or being blind

The aim of the PEEP is for residents and those responsible for the management of fire safety in the building to think through the available options and consider how that resident can evacuate safely in light of fire safety information and the existing fire safety strategy for that building.

In addition to PEEPs, we are proposing wider changes for high-rise residential buildings that will mean that Responsible Persons will be required to share fire safety instructions (including evacuation plans) with all residents in order for them to know how to safely leave the building in case of a fire.

Residents in high-rise buildings may include owner-occupiers, private renters, social housing tenants or a mix of these. Our proposals apply to all residents of high-rise buildings regardless of the category.

Not everyone in a high-rise residential building will need a PEEP as some will be able to self-evacuate in the event of a fire. However, those that are unable to self-evacuate will need to consider their specific circumstances and where able to, what arrangements they need to take in the event of evacuation being needed.

We would welcome your views on the purpose of a PEEP in a high-rise residential building by providing answers to the questions in this consultation.

PEEPs and other residential buildings that are not high-rise

The PEEPs recommendations in the Grenfell Inquiry Phase 1 report apply to residents living in high-rise residential buildings, and our proposals are on this basis, however residents of other multi-occupied buildings may also be unable to self-evacuate and would welcome a PEEP. We would welcome comments in response to this consultation from residents and Responsible Persons about other residential buildings that are not high-rise.

We would welcome views on this by providing answers to the questions in this consultation.

PEEPs and Responsible Persons

The Responsible Person is the person who has control over a premises to which the Fire Safety Order applies, as defined by Article 3 of the order (see Glossary). The Fire Safety Order places fire safety duties on Responsible Persons – and on others (duty-holders) to the extent of their responsibilities under the Fire Safety Order. Responsible Persons already have a duty to take general fire precautions as may reasonably be required to ensure, in relation to “relevant persons”, that the premises are safe. In doing so, the Responsible Person must also ensure that there are adequate means of escape from the building and that the means of escape can be safely and effectively used. ^{[footnote 22]} The term “relevant persons” includes anyone who is lawfully on the premises or in the immediate vicinity of the premises at risk from a fire on the premises. For multi-occupied residential premises, this includes residents.

We consider that the Responsible Person should be required to prepare PEEPs for, and in consultation with, those residents who self-identify as needing them. Firstly, the Responsible Person would need to share fire safety information, including the evacuation plan for the building, with the residents, and inform them that they can let them know if they require a PEEP. Then, those residents who do think that they may need a PEEP would need to let the Responsible Person know, and the Responsible Person would work with each of them to prepare a PEEP as necessary. The annexes to this consultation document include a short template which we would propose residents and Responsible Persons will find helpful to indicate whether someone may need a PEEP as well as completing one if needed.

The Fire Safety Consultation included proposals to require Responsible Persons to provide fire safety information to residents, including instructions for evacuation, in an accessible manner, and those proposals received high levels of support from the Fire Safety Consultation respondents. The proposals in this consultation assume that the Responsible Person would be required to provide the residents of their building with the relevant fire safety information (including instructions for evacuation) and explain that residents can enter into a discussion with the Responsible Person in order for a PEEP to be completed.

While responsibility for producing the PEEP rests with the Responsible Person, they will need to work with the resident because the content of the PEEP will depend on the individual resident’s needs. It is possible that individuals who would benefit from a PEEP may not wish to have one and while we would encourage them to identify themselves to the Responsible Person in order to agree a PEEP, we do not propose that anyone is compelled to do so.

We would welcome views on how PEEPs can be implemented in high-rise residential buildings by providing answers to the questions in this consultation.

The cost of PEEPs

It is essential that the cost of producing a PEEP remains proportionate. Whilst a PEEP will reflect the resident’s individual circumstances and the existing design of the building, it is entirely possible that the process of preparing PEEPs may raise questions about introducing new fire safety measures for the building that were not part of the original design (such as provision of evacuation equipment, fire lifts, 24-hour staff on the premises, or building modifications). Such questions, and the costs of providing for any new fire safety measures, would need to be considered by the Responsible Person and residents as part of the general process of sharing and reviewing fire safety information (including instructions for evacuation in the event of a fire), the building’s fire safety features and residents’ circumstances. Whether costs need to be incurred to meet the legal obligations on those responsible in the proposed regulations will depend on those factors. Putting a PEEP in place for an individual should not of itself give rise to a requirement that any person has to incur a cost or bill (but it cannot be excluded that this is a possibility).

We would welcome views on this by providing answers to the questions in this consultation.

PEEPs and rescue

There is a difference between “evacuation” and “rescue”:

a. An evacuation is the process whereby people leave the building in case of an incident (e.g. fire) and reach a place of safety.

b. A rescue is where a person receives physical assistance to get clear of the area involved in the incident.

A PEEP is an evacuation plan that is prepared in advance based on discussions between the Responsible Person and the resident whose ability to evacuate may be compromised and is intended to be executed without relying on intervention from the Fire and Rescue Service to make it work. However, some information in a PEEP could be utilised in a rescue situation.

We are interested in hearing views from residents and Fire and Rescue Services in particular, by providing answers to the questions in this consultation, on what level of information as used within a PEEP would be needed in a rescue situation, and kept in an information box on the premises.

Keeping a PEEP updated

In order for a PEEP to be useful, it should be updated and relevant. But a resident’s ability to self-evacuate may change over time and so we would welcome views on how we can strike the right balance.

Residents’ circumstances can change quickly (e.g. a broken hip) or their health condition can worsen (e.g. a relapse which make the original arrangements unworkable). Similarly, there may be difficulties arising in the context of high turnover of tenants or sub-letting agreements which the building owner/ manager may not be aware of in the first instance.

We would welcome views on this by providing answers to the questions in this consultation.

PEEPs and personal information

The Responsible Person must ensure that when processing any personal data provided to them by a resident (including special category data relating to their health) that they do so in compliance with the Data Protection Act 2018 and UK General Data Protection Regulation (GDPR). Information concerning a resident’s health (including disability) is likely to be ‘special category’ data for the purposes of the UK GDPR ^{[footnote 23]} and will require more protection in order for such processing to comply with this legislation. Further details can be found on the Information Commissioner Office’s website ^{[footnote 24]}.

We would welcome views in responding to all of the questions in this consultation, including in relation to the templates provided in the Annex A and B.

You may also want to consider all of this information and answering question no.17 if there are any problems you might anticipate in relation to any of the proposals in this consultation.

Proposals

In delivering PEEPs, we need to ensure that they are:

• readily accessible to all those who need them;
• simple yet effective; and
• easily updatable.

Proposal 1: We propose to require the Responsible Person to prepare a PEEP for every resident in a high-rise residential building who self-identifies to them as unable to self-evacuate (subject to the resident’s voluntary self-identification) and to do so in consultation with them.

Key to this proposal is the proactive role the Responsible Person would need to take to actively share fire safety information with residents and explain that residents can enter into a discussion with them in order for a PEEP to be completed. The fire safety information will need to take into account the nature of specific buildings and the Responsible Person’s relevant knowledge of the residents living in the building.

Not all residents who would have difficulty self-evacuating in the event of a fire will require a PEEP or want a PEEP to be completed. If the resident is confident that they do not require a PEEP, then they may not wish to contact the Responsible Person or otherwise self-identify. We believe this choice rests with the resident. However, in order for them to make an informed decision, there needs to be meaningful and sustained engagement with all residents whereby the Responsible Person proactively encourages residents to come forward if they consider they may need a PEEP. Providing this happens and residents do have access to building specific, fire safety information (including instructions for evacuation), we think it is important that residents have a choice if, and how far, they wish to disclose information to the Responsible Person.

Proposal 2: We propose to provide a PEEP template (Annex A) to assist the Responsible Person and the residents in completing the PEEP, and to support consistency at a national level.

Annex A provides a proposed draft for such a template. We welcome views on this template and the information that should be included in this form if agreed by the resident. This would not be mandated. Subject to the outcome of the PEEPs consultation, we propose to make this template available on the Government’s website and free to download. Also, pending the outcome of this consultation, we plan to supplement these proposals with further guidance.

Proposal 3: We propose to require the Responsible Person to complete and keep up to date information about residents in their building who would have difficulty self-evacuating in the event of a fire (and who have voluntarily self-identified as such), and to place it in an information box on the premises to assist effective evacuation during a rescue by the Fire and Rescue Service.

We think that it is reasonable to expect that in a high-rise residential building, there may be more than one person requiring a PEEP, perhaps many. The length of a completed PEEP is likely to vary depending on individual circumstances, and in some cases, may be more than a page in length. Completed PEEPs are likely to contain more information than necessary to the Fire and Rescue Service when responding to an incident. If a copy of each PEEP were to be placed in the information box, Fire and Rescue Services would be unlikely to be able to read this large amount of detailed information and pull out the information which they need when responding to an incident. We think that in a rescue situation where speed counts, it would be more helpful if Fire and Rescue Services can quickly assess who needs additional assistance and determine their response accordingly if a rescue is required. The proposed template noted above is intended to capture the concise information of use to the Fire and Rescue Service in a rescue situation; it is not proposed to place any version of the PEEP itself in the information box.

There might be concerns in relation to the security of the information in such a box. It has been suggested that putting a list of vulnerable residents and which flats they occupy in the box could attract criminals who could then target those people. We welcome views on this by providing answers to the questions in this consultation.

Proposal 4: We propose, in order to assist the Responsible Person and support consistency at a national level, to provide a template to capture the key information to be provided in the information box.

Annex B provides a proposed draft for such a template. We welcome views on the information that the Fire and Rescue Service would need in an emergency situation to rescue people, which should be included in this form and placed in the information box. This form will not be mandated but rather it is intended to provide consistency at a national level.

Subject to the outcome of the PEEPs consultation, we propose to make both templates available on the Government’s website and free to download. Pending the outcome of this consultation, we propose to supplement these proposals with further guidance.

Questions

Q5: To what extent do you agree with proposal 1: We propose to require the Responsible Person to prepare a for every resident who self-identifies to them as unable to self-evacuate (subject to the resident’s voluntary self-identification) and to do so in consultation with them?

Strongly agree	Tend to agree	Neither agree nor disagree	Tend to disagree	Strongly disagree	Don’t know

Q6: If you wish, please explain your position (250 words).

Q7: To what extent do you agree with proposal 2: We propose to provide a PEEP template to assist the Responsible Person and the residents in completing the PEEP, and to support consistency at a national level?

Strongly agree	Tend to agree	Neither agree nor disagree	Tend to disagree	Strongly disagree	Don’t know

Q8: If you wish, please explain your position (250 words).

Q9: To what extent do you agree with proposal 3: We propose to require the Responsible Person to complete and keep up to date information about residents in their building who would have difficulty self-evacuating in the event of a fire (and who have voluntarily self-identified as such), and to place it in an information box on the premises to assist effective evacuation during a rescue by the Fire and Rescue Service?

Strongly agree	Tend to agree	Neither agree nor disagree	Tend to disagree	Strongly disagree	Don’t know

Q10: If you wish, please explain your position (250 words).

Q11: To what extent do you agree with proposal 4: We propose, in order to assist the Responsible Person and support consistency at a national level, to provide a template to capture the key information to be provided in the information box?

Strongly agree	Tend to agree	Neither agree nor disagree	Tend to disagree	Strongly disagree	Don’t know

Q12: If you wish, please explain your position (250 words).

Q13: Do you think other information than in Annex A should be included in the PEEP template and if so, what? (250 words)

Q14: Do you think other information than in Annex B is necessary for the Fire and Rescue Service to undertake a rescue and should be included in the information box; if so, what (250 words)?

Q15: How often should the PEEP be reviewed?

a) 6 months,

b) 12 months, or

c) As soon as practicable if the resident indicates a change in circumstances to the Responsible Person.

Q16: How often should the information in the information box on the premises be updated?

a) 6 months,

b) 12 months, or

c) As soon as practicable if the resident indicates a change in circumstances to the Responsible Person.

Q17: Do you have any further comments that you think would be important for policy officials to consider as part of this consultation? (400 words)

Q18: Do you have any comment on or data to support the impact assessment (250 words)?

Annex A – PEEP template

Contact details
Name of Resident
Full Address (include flat and floor number)
Contact details in an emergency

Personal circumstances of the resident:

Have you received general fire safety information about your building?	Yes / No If No, this will be provided on: (include date)
Do you know what to do in case of a fire?	Yes / No
Do you have difficulty self- evacuating?	Yes / No
Reason for this (e.g., mobility issues, cognitive impairment, etc.)
Do you use any equipment or devices (e.g., evacuation chair [footnote 25], oxygen tank, etc.). If yes, what?	Yes / No
Description of the Personal Emergency Evacuation Plan	Should consider: · Agreed place of safety to evacuate to away from the building · The safest route to get there · Name of anyone willing and able to assist the resident in an emergency · Name of any back-up person willing and able to assist the resident in an emergency · List any specialist equipment · Access by Fire and Rescue Service to flat (key code, breaking door down) · What should NOT be attempted in the case of a rescue
Plan has been tested on (if applicable)
This plan will be reviewed on:
Do you agree for this information to be shared with the local Fire and Rescue Service	Yes / No

Date
Signature of Responsible Person
Signature of the Resident
Signature of any other party involved in completion of this plan

Annex B – building/resident information template in the information box on the premises

Building (Name and/or address)	Please use block capital letters
Contact details of the Responsible Person
Number of floors (including ground and lower ground floors)
Total number of flats in the building
A single sheet building plan is included in the information box (Yes / No)
Floor plans included in the information box (Yes / No)
Maximum number of residents in the building (not including visitors and/or guests)

Residents who would have difficulty self-evacuating	Please use block capital letters
Flat no
Floor no
How many people may require assistance?
Brief summary of why assistance is required (e.g., cognitive impairment, brittle bones etc.)
Any equipment required to assist? How many people would be required?
Is there someone else who can assist the resident?
Any special equipment of the resident that may compromise / affect assistance e.g., oxygen cylinder etc
Other useful information

Annex C – relevant fire statistics

Each time a Fire and Rescue Service attend an incident, details are uploaded to the Home Office’s Incident Recording System (IRS) by the Fire and Rescue Service (see Fire statistics - GOV.UK for further information). The statistics below are from the latest published IRS data tables, with the evacuation and rescue statistics being derived from published incident level datasets, for either the year ending December 2020 or financial year 2019/20 ^{[footnote 26]}.

In the year ending December 2020, around three-quarters of the 27,482 primary dwelling fires attended by Fire and Rescue Services (74%) were in houses, bungalows, converted flats and other properties, whilst around a quarter (26%) were in purpose-built flats.

Seventeen per cent of primary dwelling fires occurred in purpose-built low-rise (1-3 storeys); seven per cent in purpose-built medium-rise (4-9 storeys) flats, and three per cent in purpose-built high-rise (10+ storeys) flats (this latter proportion equates to 755 fires). ^{[footnote 27]}

A very small proportion of fires resulted in a fire-related fatality: 210 out of the 64,066 primary fires (0.33%) in the year ending December 2020. Three of the 176 fire-related fatalities in dwelling fires occurred in purpose built high-rise (10+ storeys) flats, compared to six the previous year, and seven occurred in purpose built medium-rise flats (4-9 storeys). ^{[footnote 28]}

In 2019/20 seven per cent of fires in purpose-built high-rise (10+ storeys) and medium-rise flats (4-9 storeys) spread beyond the room of origin. This compares to nine per cent in purpose-built low-rise (1-3 storeys) flats and 14 per cent of fires in houses, bungalows, converted flats and other dwellings combined. ^{[footnote 29]}

In 2019/20 there were 1,884 evacuations (defined for these statistics as the direction of people from a dangerous place to somewhere safe) from dwelling fires, meaning around 7% of dwelling fires resulted in an evacuation. In almost all evacuations (99%) up to 5 people were evacuated. Almost three quarters of evacuations (72%) were in houses, bungalows, converted flats and other properties. The remaining evacuations were in purpose-built flats, with 19% in low-rise (1-3 storeys) purpose-built flats, 6% in medium- rise (4-9 storeys) purpose-built flats, and 2% in purpose built high-rise flats (10+ storeys).

In 2019/20 there were 2,324 rescues (where a person has received physical assistance to get clear of the area involved in the incident) from dwelling fires, which comprised 8% of dwelling fires. Nearly two-thirds of rescues (65%) were in houses, bungalows, converted flats and other properties. The remainder of rescues were in purpose-built flats of which 25% were in low-rise (1-3 storeys) flats, 7% in medium-rise (4-9 storeys) flats and 3% in high-rise (10+ storeys) flats. ^{[footnote 30]}

Glossary

Terms used in this consultation:

Approved Documents

The Approved Documents provide guidance on ways to meet the building regulations.

Compartmentation

Construction designed to prevent the spread of fire to or from another part of the same building or an adjoining building. For example, compartment walls and floors with a rated period of fire resistance are provided to separate individual flats.

Domestic Premises

Private or residential dwellings, where people live, not including the parts used in common and other non-domestic parts of a building.

Duty-holder

Duty-holder - Article 5(3) provides that any duties imposed on the Responsible Person under the Fire Safety Order, or by regulations, shall also be imposed on every other person who has to any extent control of relevant premises so far as the requirements relate to matters within his control. This includes a person with obligations of any extent under a contract or tenancy in relation to maintenance or repair of premises or the safety of any premises, and such a person is to be treated as a person having control of the premises to the extent of the obligation.

Fire and Rescue Authority / Fire and Rescue Service

Fire and Rescue Authorities have the statutory responsibility to carry out the functions set out in the Fire and Rescue Services Act 2004. A Fire and Rescue Service is the operational part of the Fire and Rescue Authority

General fire precautions

These are defined in Article 4 of the Fire Safety Order as meaning:

• Having measures in place to reduce the risk of fire and the risk of spread of fire in premises,
• Having measures in place so that those in the premises can escape in case of a fire,
• Ensuring that any escape method will be safe and can be used (i.e. not blocked up),
• Having firefighting measures on the premises,
• Having fire detection and fire warning measures on the premises,
• Having measures in place for action to be taken in the event of a fire on the premises including fire safety instructions which should include training and instructions for employees and measures to mitigate the effects of the fire.

The above precautions do not include special, technical or organisational measures required to be taken in a workplace in connection with a work process to reduce the likelihood of fire and to which separate legal requirements apply. ‘Work process’ in this context means the use of plant or machinery and the storage of any dangerous substances.

Responsible Person

In the Fire Safety Order “Responsible Person” means

(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;

(b) in relation to any premises not falling within paragraph (a)—

(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or

(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Simultaneous Evacuation

The procedure by which all parts of a building are evacuated in the event of fire at one time.

Stay Put strategy

A strategy based on the design principle that only the residents of the flat of fire origin need to escape initially, while other residents may remain in their own flats unless their flat is affected by fire or smoke, they feel threatened, or they are instructed to leave by the Fire and Rescue Service. A stay put strategy does not preclude residents, who are aware of a fire within the building but not affected directly by it, from deciding to evacuate.

Evacuation

The process whereby people leave a building in case of an incident, e.g. fire, and reach a place of safety beyond the building.

High-rise residential building

For the purposes of this consultation, a high-rise residential building is defined as being at least 18 metres in height or having at least seven storeys.

Contact details and how to respond

Please respond to this consultation online

Alternatively, you can send in electronic copies to: FireSafetyUnitconsultations@homeoffice.gov.uk

Alternatively, you may send paper copies to:

Fire Safety Unit
Home Office, 2 Marsham Street, Fry Building London
SW1P 4DF

Complaints or comments

If you have any complaints or comments about the consultation process you should contact the Home Office via the email address or at the above address.

Extra copies

This consultation is also available online

Alternative format versions of this publication can be requested from: FireSafetyUnitconsultations@homeoffice.gov.uk

Publication of response

A response to this consultation will be published online

Representative groups

Representative groups are asked to give a summary of the people and organisations they represent when they respond.

Confidentiality

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), and the Environmental Information Regulations 2004). As noted, Home Office will publish a Government response to this consultation shortly after it closes. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Home Office.

The Home Office will process any personal data which you provide in your response to the consultation in accordance with the data protection legislation and your personal data will not be disclosed to third parties. Personal data will be held securely and retained for no longer than is necessary, after which it will be securely destroyed.

Consultation principles

The principles that government departments and other public bodies should adopt for engaging stakeholders when developing policy and legislation are set out in the consultation principles.

1. Fire Safety Act - GOV.UK ↩

2. Protection Board (nationalfirechiefs.org.uk) ↩

3. Fire safety - GOV.UK ↩

4. Fire safety consultation government response ↩

5. The Regulatory Reform (Fire Safety) Order 2005: call for evidence ↩

6. Fire and Rescue Authorities have the statutory responsibility to carry out the functions set out in the Fire and Rescue Services Act 2004. Fire and Rescue Services are the operational part of the Fire and Rescue Authority. ↩

7. Terms of Reference: Grenfell Tower Inquiry. ↩

8. Phase 1 report: Grenfell Tower Inquiry. ↩

9. Fire safety - GOV.UK ↩

10. Article 24 of the Fire Safety Order can apply specific precautions relating to risks to relevant persons in specific premises ↩

11. Draft Building Safety Bill - GOV.UK ↩

12. Fire safety risk assessment: means of escape for disabled people (accessible version) - GOV.UK ↩

13. Grenfell Tower Inquiry quarterly thematic update (publishing.service.gov.uk) ↩

14. Fire safety consultation government response (publishing.service.gov.uk) ↩

15. Simultaneous_Evacuation_Guidance_october_2020.pdf (nationalfirechiefs.org.uk) ↩

16. A secure box attached to the outside of a building that only the fire service can access to get relevant information about a building in the event of a fire. ↩

17. Simultaneous_Evacuation_Guidance_october_2020.pdf (nationalfirechiefs.org.uk) ↩

18. May 2020 amendments to Approved Document B, volume 1 and volume ↩

19. Draft Building Safety Bill - GOV.UK (www.gov.uk) ↩

20. Access to and use of buildings: Approved Document M - GOV.UK (www.gov.uk) ↩

21. As stated in Article 4 of the Fire Safety Order. ↩

22. https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/special-category-data/ ↩

23. https://ico.org.uk/ ↩

24. An evacuation chair is a secure seat designed to assist in removing persons who lack the ability to relocate freely and easily from a dangerous situation to a safe location. ↩

25. The following statistics reference building height using 1-10+ storeys due to how this data is collected in the IRS and published by the Home Office; they can be accessed at Fire statistics - GOV.UK. The Home Office does not publish equivalent data using the height of flats in metres. ↩

26. Home Office (2021): FIRE STATISTICS TABLE 0205a: Dwelling fires attended by Fire and Rescue Services in England ↩

27. Home Office (2021): FIRE STATISTICS TABLE 0205b: Fatalities in dwelling fires attended by Fire and Rescue Services in England, by dwelling type ↩

28. Home Office (2021): FIRE STATISTICS TABLE 0203: Dwelling fires by dwelling type, spread of fire and motive, England ↩

29. Home Office (2021): Dwelling fires dataset, incident level datasets ↩