Amendments to the Regulatory Reform (Fire Safety) Order 2005: factsheet
Updated 5 April 2022
© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/building-safety-bill-factsheets/amendments-to-the-regulatory-reform-fire-safety-order-2005-factsheet
Building Safety Bill – Fire Safety Clause 134
Amendments to the Regulatory Reform (Fire Safety) Order 2005: Factsheet
What are we going to do?
We are legislating to strengthen the Regulatory Reform (Fire Safety) Order 2005 (FSO) to require Responsible Persons (RP) for all regulated premises to:
-Record their fire risk assessment in full; - Ensure that they do not appoint a person to assist them in making or reviewing a fire risk assessment unless the person is competent; - Record the identity of any person appointed by the RP to assist them - with making or reviewing an assessment under Article 9; - Record their fire safety arrangements; - Take reasonable steps to ascertain whether there are any other RPs that share or have duties in respect of the premises; - Inform the other RPs concerned of their name; an address in the United Kingdom at which they, or someone acting on their behalf, will accept notices and other documents; and, the part of the premises for which they consider themselves to be an RP, and keep a record of that information; - When an RP (the outgoing RP) ceases to be an RP and another person becomes the RP, the outgoing RP must give the incoming RP any relevant fire safety information they hold. The RP must keep records of relevant fire safety information in order to do so. This provision contains a regulation making power enabling the Secretary of State to extend the list of relevant fire safety information that must be provided and to include details of the times when, and the form in which, all of the information must be provided.
RPs for buildings containing two or more sets of domestic premises must also provide relevant and comprehensible information in relation to relevant fire safety matters to residents and must keep records of relevant fire safety matters in order to do so. This provision contains a regulation making power enabling the Secretary of State to extend the list of relevant fire information that must be provided and to include details of the times when, and the form in which, all of the information must be provided.
For residential premises in a higher-risk building (defined as a building in England that is at least 18 metres in height or has at least 7 storeys and contains at least 2 residential units), RPs must take reasonable steps to ascertain if there is an Accountable Person in relation to the premises and co-operate with them to enable them to carry out their duties under the Building Safety Bill.
Further amendments will support effective enforcement action by:
- Amending Article 50 of the FSO to state that in proceedings where it is alleged an RP has contravened Articles 8-22B of the FSO or any regulations made under Article 24, proof that they failed to follow relevant Article 50 guidance may be used to evidence such a breach or conversely proof that it was followed may be used to establish compliance, and,
- Increasing the level of fines available to the courts to the maximum level (unlimited), for the offences of impersonating a fire safety inspector and non-compliance with requirements imposed by an inspector and in relation to the installation of luminous tube signs.
How are we going to do it?
These FSO amendments will drive fire safety improvements for regulated premises where people live, stay or work.
The Fire Safety clause is intended to:
- Increase transparency of regulated activities through the recording and sharing of fire safety information, including with residents;
- Encourage competence in those appointed to undertake fire risk assessments, including the fire risk assessor sector;
- Proportionately align the FSO to the building safety regime;
- Support greater compliance with, and effective enforcement of, FSO requirements.
Background
The FSO covers the ongoing management of fire safety in all non-domestic premises in England and Wales. The FSO requires the RP for the premises (generally, the owner, occupier or managing agent) to assess risks of fire and to put in place safety measures to remove or mitigate them.
As part of the government’s response to the Independent Review of Building Regulations and Fire Safety, the Home Office issued a call for evidence on the FSO to seek views on its effectiveness and better understand how it works in practice for different premises. Section 1 of the Fire Safety Consultation, which ran from 20 July to 12 October 2020, outlined proposals for ensuring the FSO continues to be fit for purpose as part of the government’s programme of building and fire safety reforms.
The government’s response to the Fire Safety Consultation, published on 17 March 2021, sets out these proposals, all of which received broad support from respondents. Following the enactment of the Fire Safety Act 2021, which clarifies that the FSO applies to a buildings structure, external walls and any common parts of premises for buildings containing two or more sets of domestic premises, we are introducing the proposals that require primary legislation through the Building Safety Bill.
The Building Safety Bill amendments to the FSO and the government’s overhaul of supporting guidance issued under the FSO aim to improve fire safety outcomes designed to protect the public from the risk of fire, by better supporting compliance and effective enforcement in all regulated premises.
Where does fire safety legislation apply?
The FSO applies to all non-domestic premises in England and in Wales where it is a devolved matter, including workplace buildings and the common parts of buildings containing two or more sets of domestic premises.
The fire safety provisions in the Building Safety Bill will apply to all FSO regulated premises in England and Wales apart from two provisions which have a more specific application:
- RPs for buildings containing two or more sets of domestic premises must provide residents with relevant and comprehensible information about relevant fire safety matters; and,
- The provision that requires RPs to take reasonable steps to ascertain if there is an Accountable Person in relation to the premises and co-operate with them to enable them to carry out their duties under the BSB applies to higher-risk buildings in England only.
Who will be affected by these fire safety provisions?
The provisions within the fire safety clause place a number of new requirements on all RPs.
The FSO amendments will deliver fire safety improvements for all FSO regulated premises and ensure residents in a building containing two or more sets of domestic premises receive relevant fire safety information.
The fire safety clause will also require that for regulated premises in a higher-risk building, RPs must take reasonable steps to ascertain if there is an Accountable Person in relation to the premises and co-operate with them to enable them to carry out their duties under the Building Safety Bill.
What is a Responsible Person?
An RP is a person responsible for the safety of themselves and others who use a regulated premises. This is normally a building owner, an employer, or any other person in control of the premises. The RP is the person on whom the majority of the duties under the FSO are imposed.
Is the FSO currently fit for purpose?
The FSO continues to provide an effective and proportionate regulatory framework for fire safety in all regulated premises.
We are delivering on the proposals which were outlined in Section 1 of the Fire Safety Consultation 2020 and required primary legislation to amend the FSO.
How much will it cost to implement these fire safety provisions?
Annex C of the Building Safety Bill’s Impact Assessment provides an economic assessment of the impacts of the FSO provisions specifically.
The central cost estimate is £11.0 million per annum which will fall to both the public and private sectors. The overall central cost estimate of the provisions is £132.7 million (present value, PV, terms over 15 years).
For multi-occupied high-rise residential buildings only, the central cost estimate is £4.4 million per annum, and £53.4 million (PV over 15 years).
However, it is difficult to assess the actual cost of the provisions as we expect that some effective RPs may already be taking the some of these actions. It has not been possible to assess how many RPs this applies to and so all RPs are assumed to be in-scope of the legislation. Therefore, the actual cost of the policies may be lower than the IA estimates. The IA provides an ‘estimate of maximum cost.’
When will the changes come into force?
Subject to Parliament’s approval, we plan to bring the changes into force within 6 to 12 months from enactment.
We will be issuing guidance to support RPs to comply with the FSO ahead of the law changes and to share best practice.
Key facts
Over 250 organisations and individuals responded to the Fire Safety Consultation, representing many different groups with an interest in the building and fire safety sectors. These included: residents, Responsible Persons (including building owners and managers), enforcing authorities (including FRAs) and others.
264 valid responses were received to ‘The Regulatory Reform (Fire Safety) Order 2005: Call for Evidence covering a wide range of sectors and interest in fire safety.