Fire Safety Act 2021

[edit] Purpose of the Act

The Fire Safety Act 2021 received Royal Assent on 29 April 2021. It amends the Regulatory Reform (Fire Safety) Order 2005. Sections 1 and 3 commenced on 16 May 2022.

The Act relates to fire safety in England and Wales in multi-occupied residential buildings with two or more domestic premises.

The Act requires fire risk assessments of buildings with two or more sets of domestic premises to be updated to take account of:

• The structure and external walls of the building, including cladding, balconies and windows.
• All doors between the domestic premises and the common parts (e.g. entrance doors to individual flats which open on to common parts).

Responsible persons should regularly review the fire risk assessment of their buildings, particularly if there is reason to suspect that it is no longer valid or there has been a significant change. They should also consider whether a more in-depth assessment of the external walls is required.

The government has produced a Fire Risk Assessment Prioritisation Tool that takes responsible persons through a series of questions to assist them in determining the priority of their buildings for the purpose of reviewing their fire risk assessments.

More information is available at: https://www.gov.uk/government/publications/fire-safety-act-2021

[edit] History of the Act.

On 19 March 2020 the Home Office introduced a bill to improve fire safety in buildings in England and Wales. The proposed Fire Safety Bill was a response to the Grenfell Tower Fire on 14 June 2017, amending the Fire Safety Order 2005 to clarify that the responsible person or duty-holder for multi-occupied, residential buildings must manage and reduce the risk of fire for:

• The structure and external walls of the building, including cladding, balconies and windows.
• Entrance doors to individual flats that open into common parts.

The bill also provided a foundation for secondary legislation to take forward recommendations from the Grenfell Tower Inquiry phase one report. This stated that building owners and managers of high-rise and multi-occupied residential buildings should be responsible for:

• Regular inspections of lifts and the reporting of results to the local fire and rescue services.
• Ensuring evacuation plans are reviewed and regularly updated and personal evacuation plans are in place for residents whose ability to evacuate may be compromised.
• Ensuring fire safety instructions are provided to residents in a form that they can understand.
• Ensuring individual flat entrance doors, where the external walls of the building have unsafe cladding, comply with current standards.

The Bill would also give the Secretary of State for Housing, Communities and Local Government the powers to amend the list of qualifying premises that fall within the scope of the Fire Safety Order by way of secondary legislation, enabling the government to respond quickly to developments in the design and construction of buildings.

The government also published a summary of responses to the Fire Safety Order 2005 (FSO) call for evidence, which invited views on the application of the FSO and changes that might be needed. While respondents identified some areas where the FSO could be amended to provide greater clarity, most respondents agreed that the scope and objectives of the FSO remain appropriate for all regulated premises. A consultation will be held later in 2020 on proposals and next steps.

Minister for Security James Brokenshire said: “We remain committed to implementing the recommendations made following phase one of the Grenfell Tower Inquiry, and the government has already made major reforms to building safety. Today’s bill will help bring about meaningful change to improving building safety.”

Chair of the National Fire Chiefs Council Roy Wilsher said: “I am pleased to see the announcement of the new Fire Safety Bill. We have been calling for additional powers since 2017 and these changes should contribute to the public feeling safer in their homes. We look forward to seeing additional supportive measures to assist fire and rescue services, identify different types of cladding and take appropriate measures.”

A reformed building safety regulatory system, Government response to the ‘Building a Safer Future’ consultation, published by the Ministry of Housing, Communities and Local Government in April 2020 stated that: 'The Home Office’s Fire Safety Bill, introduced in Parliament on 19 March 2020, will put beyond doubt that building owners and managers of all multi-occupied residential buildings must assess the risks from external walls (including cladding and balconies) and front entrance doors under the Regulatory Reform (Fire Safety) Order 2005. The Bill will also affirm that Fire and Rescue Authorities have the relevant enforcement powers to hold building owners and managers to account, supplementing the local authority enforcement route. It will also provide a firm foundation for the implementation of the relevant recommendations of the Grenfell Tower Public Inquiry Phase 1 Report requiring law changes.'

The Fire Safety Bill received Royal Assent on Thursday 29 April 2021 and passed into law, becoming the Fire Safety Act 2021. Ref https://bills.parliament.uk/bills/2730

[edit] Related articles on Designing Buildings

• Building Safety Bill.
• EWS1 forms not required for buildings without cladding.
• External Fire Review Form EWS1.
• Fire and rescue service.
• Fire safety exclusions - the insurance position.
• Fire Safety Order.
• Fire (Scotland) Act 2005.
• Fire.
• Grenfell Tower fire.
• Grenfell Tower Inquiry.
• Joint fire code.
• Leading built environment bodies call for sprinklers in all schools.
• Managing fire risk in commercial buildings: A guide for facilities managers.
• Responsible person under the Regulatory Reform (Fire Safety) Order 2005.
• ‎Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.

[edit] External references

• https://www.gov.uk/government/news/fire-safety-bill