Building Safety Act 2022: Amendments to fire safety

The government has introduced new legislative changes placing additional duties on Responsible Persons for non-domestic premises and multi-occupied residential buildings, including in the areas of risk assessments, fire safety arrangements and information sharing.

New sections of the Building Safety Act (“the Act”) are being gradually introduced. The implementation of the Act itself has been in part a response to the Grenfell Tower tragedy. The government states the Act ‘makes ground-breaking reforms to give residents and homeowners more rights, powers, and protections’  [1]. The overall aim is to strengthen building safety. Section 156 works in conjunction with the Regulatory Reform (Fire Safety) Order 2005 which specifies who a Responsible Person is. This can be an employer, person in control of the premises or the owner subject to the specific circumstances. They are ultimately responsible for the safety of all building users. 

Through these changes, the Responsible Persons of all non-domestic and multi-occupied residential buildings must now complete risk assessments in full. This includes recording all findings from the risk assessment. The previous position was that only ‘significant findings’ had to be recorded in the risk assessment for certain buildings [2]. Fire safety arrangements must also be documented. This should set out how fire safety is managed on the premises. These changes are anticipated to prevent information slipping through gaps and allow for a complete fire safety history of premises to be documented over the life of the building. This will potentially impact a wide range of persons and businesses who previously did not need to record full details of the risk assessments.

It is expected this will lead to an increase in businesses seeking external assistance in fulfilling these obligations. Where this happens, Responsible Persons must record the identity of any individual employed or contracted by them to review the fire risk assessment – the individual must be competent through sufficient training, experience, and knowledge.

In multi-occupied residential buildings, the recent changes enhance the information that Responsible Persons must share with residents. Responsible Persons are required to communicate the risks identified in the fire risk assessment, and the preventative and protective measures that are in place, including: how to report a fire; the names and addresses of all Responsible Persons; in higher risk buildings where the procedures may be complex, residents be kept informed and appropriately prepared.

Responsible Persons’ duties have grown as a result of the changes to section 156. It is important these duties are understood to ensure compliance. A breach of the Act can also extend criminal liability for an offence committed by a business to its directors and senior management. Given the current focus on building safety post-Grenfell, non-compliance is unlikely to be taken lightly. 

[1] The Building Safety Act - GOV.UK (www.gov.uk)
[2] Which had five or more employees, a license in place or alterations notice served upon it.