In October 2023, the introduction of the Building Safety Act 2022, specifically Section 156, will amend the Regulatory Reform (Fire Safety) Order 2005.
The new requirements will apply to all non-domestic premises and the non-domestic parts of multi-occupied residential buildings (e.g. communal corridors, stairways and plant rooms).
The government has recently published guidance on the new fire safety responsibilities of Responsible Persons within the amended Regulatory Reform (Fire Safety) Order 2005.
The Responsible Person is the person responsible for fire safety – to ensure precautions and preventive measures are in place to keep the building’s users safe. This person could be the building owner or the employer, or the managing agent, for example.
The new responsibilities are as follows:
- All Responsible Persons must record their completed fire risk assessment and in full (previously, only specific information was required to be recorded).
- 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 assessments.
- All Responsible Persons must record their fire safety arrangements (demonstrate how fire safety is managed in your premises).
- 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.
- 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.
- 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.
At a later date, there will also be a legislative requirement that, where the Responsible Person appoints a person to make or review the fire risk assessment, they must be competent.
The level of fines for some offences will increase when the updated order comes into effect.
To read the full guidance, click here.
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