Gemma Stephenson and Georgie Bright, in our Commercial Property team, explain the new fire risk assessment regulations that came into force on 1 October 2023 and, under Section 156, the broader list of premises they apply to.
The Regulatory Reform (Fire Safety) Order 2005 (“the Fire Safety Order”) has been amended by Section 156 of the Building Safety Act 2022 (“Section 156”) which came into effect on 1 October 2023, here is what you need to know.
The new regulations
Section 156 has increased the amount of detail that is needed when recording a fire risk assessment. It must now be completed in full, whereas only specific information was previously required. This is to keep a more thorough and continual record throughout the premises’ lifespan.
Additionally, Section 156 introduces a procedure the responsible person must abide by when handing over responsibility to a new responsible person. The outgoing responsible person must inform the incoming responsible person of all the fire safety procedures in the premises. The responsible person has a duty to keep up to date records of the relevant fire safety information. Fire safety information includes the identity of any person they appoint to help them make a fire risk assessment, the name and service address of any other responsible person within the premises and where the building is classed as higher risk along with the identity of anyone else who is accountable in relation to that premises.
Finally, Section 156 has made it easier for enforcement agencies to take action against non-compliant parties as well as increasing the level of fines for certain offences, such as the failure to comply with the specific requirements imposed by a fire inspector.
Who is a ‘Responsible Person’
A Responsible Person is a person who has a level of control over certain areas or systems within the premises, such as a managing agent, an employer, or a voluntary member of an organisation.
The responsible person is in charge of maintaining the premises’ fire safety procedures. This can include a range of duties such as conducting fire risk assessments, providing training to other people within the premises, or abiding with the current legislation.
Who do the regulations apply to?
Section 156 has broadened the scope of premises which fall within the regulations. Almost all business premises were subject to the Fire Safety Order but Section 156 has expanded the regulations to include residential premises such as houses in multiple occupation, blocks of flats and maisonettes. It is now only individual private homes which lie outside the scope of the Fire Safety Order.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
