The new fire regulations in the UK, which came into force on October 1, 2023, are part of the government’s ongoing efforts to enhance fire safety following the Grenfell Tower tragedy. These regulations are encapsulated within the Building Safety Act 2022 and represent Phase 3 of the Home Office’s fire safety reform program. They build upon the foundations laid by the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022. The key aspects of these new regulations include:
Amendments to the Regulatory Reform (Fire Safety) Order 2005 (FSO): The Building Safety Act 2022 introduced amendments to the FSO to improve fire safety across all buildings regulated by the FSO. This includes a focus on improving cooperation and coordination between Responsible Persons (RPs), increasing requirements for the recording and sharing of fire safety information, making it easier for enforcement authorities to take action against non-compliance, and ensuring residents have access to comprehensive information about fire safety in their building.
Clarification of Scope: The Fire Safety Act 2021 clarified the scope of the FSO to include the structure, external walls (including cladding and balconies), and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building. This clarification mandates that RPs must consider these parts when conducting fire risk assessments.
Enhanced Record-Keeping and Information Sharing: The new legislation requires RPs to record their completed fire risk assessment in full, including the identity of the individual or organisation engaged to undertake or review the assessment. It also mandates the recording of fire safety arrangements and sharing of “relevant fire safety information” with other RPs and incoming RPs when departing the premises.
Guidance and Support: To assist RPs in understanding and meeting these new requirements, the government has published three new fire safety guides aimed at small non-domestic premises, small blocks of flats, and small sleeping accommodations. These guides replace the old short guide to making premises safe from fire. Additionally, an updated fire risk assessment checklist has been published.
Focus on Competence: While not immediately commencing, there is an ongoing effort to ensure that anyone appointed to do a fire risk assessment is competent. The government is actively working with the sector to develop a robust rollout plan for this requirement.
The amendments strengthen the legal framework for fire safety, making it easier for enforcement authorities to take action against non-compliance. There is also an emphasis on increasing the level of fines available to the courts for offences related to fire safety.
These regulations represent a significant step towards improving fire safety standards across the UK, aiming to prevent tragedies similar to Grenfell Tower by ensuring a higher standard of fire safety in buildings, enhancing cooperation among responsible parties, and providing clear guidance and support to those responsible for fire safety management.
New fire regulations for flats 2023
sIn October 2023, England introduced new fire safety regulations for flats and other buildings regulated by the Regulatory Reform (Fire Safety) Order 2005. These regulations are part of the government’s ongoing efforts to enhance fire safety following the Grenfell Tower tragedy. The changes aim to improve cooperation and coordination between Responsible Persons (RPs), increase the requirements for recording and sharing fire safety information, simplify enforcement against non-compliance, and ensure residents have comprehensive fire safety information for their buildings.
Key Changes in the New Fire Safety Regulations
Recording and Sharing Fire Safety Information: RPs are now required to record their Fire Risk Assessment (FRA) in full, the identity of any person appointed to assist with the FRA, their fire safety arrangements, and any other Responsible Persons sharing duties in respect of the premises.
Cooperation and Coordination: The regulations emphasise the need for RPs to take reasonable steps to ascertain whether there are other RPs with shared duties for the premises. They must also coordinate and cooperate with each Accountable Person, as defined in Section 72 of the Building Safety Act 2022, especially in higher-risk buildings.
Comprehensive Information for Residents: RPs must provide residents with comprehensible and relevant information about the fire safety matters of the building. This includes risks identified by the risk assessment, preventive and protective measures, the name and contact address of the RP, and the identity of any person appointed by the RP to assist with making or reviewing an assessment.
Guidance and Checklists: The government has published three new fire safety guides aimed at small non-domestic premises, small blocks of flats, and small sleeping accommodations, replacing the old short guide to making premises safe from fire. An updated fire risk assessment checklist has also been published to help RPs understand and meet the new requirements.
Future Competency Requirements: While the regulations have not yet commenced a requirement for RPs to ensure that anyone they appoint to do a fire risk assessment is competent, the government is actively working with the sector to develop a robust rollout plan for this requirement.
These regulations represent Phase 3 of the Home Office’s fire safety reform program, building on the Fire Safety Act 2021 (Phase 1) and the Fire Safety (England) Regulations 2022 (Phase 2). They are designed to create a continual record of fire safety information throughout a building’s lifespan and make it easier for enforcement authorities to take action against non-compliance.
The introduction of these new fire safety regulations underscores the importance of enhancing fire safety standards and ensuring that residents of flats and other buildings are well-informed and protected against fire risks.
What is the building safety Act update in 2023?
The Building Safety Act update in 2023 introduced significant changes to improve the safety and accountability of buildings in the UK, particularly focusing on high-rise residential buildings. These changes, effective from October 1, 2023, were largely in response to the Grenfell Tower tragedy, aiming to enhance the design, construction, and management of higher-risk buildings and ensure residents have a stronger voice in the system. Here’s a detailed overview of the key updates:
New Dutyholder Roles and Building Safety Regulator (BSR)
The Act introduces new dutyholder roles, impacting all stakeholders involved in a construction project. It establishes the Building Safety Regulator (BSR) as the building control authority for all higher-risk buildings, taking over responsibilities from Local Authorities and approved inspectors for these buildings.
Definition of Higher-Risk Buildings
Higher-risk buildings are defined as structures that have at least two residential units or are hospitals or care homes (during design and construction only) and stand at either a minimum height of 18 meters or seven storeys.
Registration, Golden Thread, and Building Assessment Certificates
Building owners are required to register their buildings with the BSR, maintain a “golden thread” of information detailing the building’s construction and safety measures, and obtain Building Assessment Certificates.
Changes to the Building Control Approval Process
A new process for gaining building control approval for work to higher-risk buildings has been implemented. Developers must submit design applications to the BSR for approval before commencing work, demonstrating compliance with building regulations
Fire Safety Changes
Section 156 of the Act, which applies to all buildings including commercial buildings, amends the Regulatory Reform (Fire Safety) to enhance cooperation and coordination between Responsible Persons and Accountable People for fire safety.
Enhanced Leaseholder Protections
The updates include enhanced protections for leaseholders, providing clearer guidance on their rights and responsibilities and offering support in navigating building safety complexities.
Extension of Regulations to Lower-Rise Buildings
The scope of the Act has been expanded to include buildings below 18 meters in height, ensuring that a wider range of residential buildings are subject to rigorous safety standards.
Accountability and Traceability
The Act improves accountability and traceability of building materials and products used in construction, with a stronger focus on resident engagement and empowerment.
Penalties for Non-Compliance
Failure to meet the obligations set out in the Act can result in penalties, including fines or even criminal charges for building owners.
Impact on the Construction Industry
The Act imposes greater responsibilities on building owners and the construction industry, requiring more detailed design and compliance with safety measures. It also affects procurement routes and necessitates early engagement of construction partners to ensure compliance and mitigate risks.
In summary, the Building Safety Act update in 2023 represents a comprehensive overhaul of building safety regulations in the UK, with a focus on higher-risk buildings. It introduces a more stringent regulatory framework, new roles and responsibilities for duty holders, and enhanced protections for residents and leaseholders, aiming to prevent future tragedies similar to the Grenfell Tower fire.