The legislative changes that affect all responsible persons:

  • Require that all Responsible Persons must record their completed fire risk assessment, and in full (where previously only specific information was required to be recorded).

  • Require that all Responsible Persons must record the identity of the individual (their name), and/or if applicable, their organisation (name) engaged by them to undertake/review any or all of the fire risk assessment.

  • Require that all Responsible Persons must record their fire safety arrangements (demonstrate how fire safety is managed in your premises).

  • Require that all Responsible Persons must record (and as necessary update) their contact information, including a UK based address, and share this with other Responsible Persons and residents of multi-occupied residential premises where applicable.

  • Require that all Responsible Persons must take reasonably practicable steps to ascertain the existence of other Responsible Persons who share or have duties in respect of the same premises, and of Accountable Persons (which are a new legal entity made under the Building Safety Act in the case of higher-risk residential buildings) in relation to the premises – they must then identify themselves to said persons.

  • Require that departing Responsible Persons must share all ‘relevant fire safety information’ with incoming Responsible Persons.

  • Responsible Persons of a building containing two or more sets of domestic premises must provide residents with relevant fire safety information in a format that is easily understood by the residents.

  • Increase the level of fines for some Fire Safety Order 2005 offences.

  • Strengthen the status of statutory guidance issued under Article 50 of the Fire Safety Order. HM Government is providing fire risk assessment guidance that is suitable for some smaller premises.

Changes to fire safety legislation affecting responsible persons of residential buildings

This guidance on the fire safety (England) regulations (2022) (opens in a new tab) explains legislative changes that affect responsible persons of residential buildings.

This fire door guide (opens in a new tab) explains to responsible persons how to conduct routine checks on fire doors and provide information to residents.

The Fire Safety Act (opens in a new tab) clarifies the parts of the premises that apply under the fire safety order. You should consider these changes when completing a fire risk assessment.

Guidance on choosing a competent fire risk assessor

If you do appoint a fire risk assessor, we recommend you ensure they are competent to do so, in terms of having sufficient training and experience or knowledge and other qualities. It remains the case that the Responsible Person has a duty to make sure that a suitable and sufficient fire risk assessment is completed.

Please see this guidance on choosing a competent fire risk assessor (opens file in a new tab).

Why have things changed?

Following the tragic Grenfell Tower Fire in 2017, an independent review of Building Regulations and Fire Safety was carried out by Dame Judith Hackitt DBE, called ‘Building a Safer Future’, which highlighted the need for fundamental reform to Building Safety and Fire Safety.

The Building Safety Act 2022 was introduced to address the issues identified in this independent review. Recently, we have seen the introduction of the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022, which apply to residential premises with two or more domestic premises with common areas.

Section 156 of the Building Safety Act 2022 strengthens this and takes reform beyond just residential premises. This is to ensure that every premises where the Fire Safety Order 2005 applies, engages in fire safety matters and in managing and reducing risk to relevant persons so that premises are safer from fire.

How we’re helping

The Building Safety Act 2022 Section 156 brings several changes Responsible Persons must be aware of and we understand that there may be some confusion.

Lancashire Fire and Rescue Service will endeavour to work with you in the introduction of these changes and provide advice where appropriate as a regulator.

If you have questions about the changes, please don’t hesitate to contact us.