The Fire Safety Act 2021 – Explained

Royal Assent was granted to the Fire Safety Act 2021 (the Act) on April 29, 2021, and it went into effect on May 16, 2022. The Regulatory Reform (Fire Safety) Order 2005, often known as the Fire Safety Order, is amended by the Act. 

The Act requires responsible persons (RPs) to manage and minimise fire risks for multi-occupied residential structures. This includes the structure itself, as well as external walls, cladding, balconies, windows, and entrance doors for flats that open into common areas.

Both Wales and England are covered by the Act. You can find information about the Act’s application in Wales on the Welsh Government website.

The Fire Safety Act and its goals were welcomed by the NFCC. The Act’s goal was to make it clearer which parts of a residential building with multiple occupants are covered by the Fire Safety Order. Since the Act’s beginning, the PPRU and the Government have worked together closely. The NFCC provided written testimony regarding the Fire Safety Bill in June 2020. The NFCC has been in communication with the government and interested parties regarding the Bill’s implementation during its passage. It has also backed a risk-based approach to implementation through the Task and Finish Group. During the Bill’s passage, the change that was required to make this possible was proposed.

What Is the Fire Safety Act 2021?

The Fire Safety Act 2021 is an act of Parliament that received royal approval on the 26th of April 2021. The purpose of the legislation, which applies to both England and Wales, is to increase building fire safety.

The key points of the act are as follows:

• It clarifies the scope of the Fire Safety Order 2005, making clear that it applies to the structure, external walls (including cladding and balconies), and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building.
• It mandates that the Responsible Person conduct a fire risk assessment, reviewing and updating the assessment as needed while accounting for the new obligations outlined in the act.
• It makes the Responsible Person legally obligated to take action to lessen or eliminate the risks noted in the fire risk assessment.
• It enables the Fire and Rescue Service to impose penalties for noncompliance with regard to the external walls and each entrance that opens onto the shared areas of the premises.

Who Does the Fire Safety Act 2021 Apply To?

The Fire Safety Act 2021 applies to England and Wales.

The act applies to all multi-occupied residential buildings and is not dependent on the height of the building.

If you are a Responsible Person for a building to which the act applies, you must take steps to ensure that the building complies with the requirements of the act.

What Is the Fire Safety Order 2005?

The main item of fire safety law in England and Wales is the Fire Safety Order 2005. It lays forth the general precautions that all Responsible Persons must take to guarantee that their property is safe from fire hazards for anyone utilising it.

The Fire Safety Act 2021 makes it clear that the Fire Safety Order covers the individual flat entrance doors between domestic premises and the common areas of a multi-occupied residential building, as well as the structure and external walls (including cladding and balconies).

What Is a Responsible Person?

According to the Fire Safety Order, a Responsible Person is any individual who has control, or a reasonable amount of control, over specific locations on the premises.

A broad range of parties are included in the concept of control, including employers, managers, occupiers, tenants, and landlords.

As the Responsible Person for a building covered by the Fire Safety Act 2021, it is your responsibility to make sure the building complies with the act’s criteria.

What Is a Fire Risk Assessment?

A fire risk assessment evaluates a building’s fire hazards and identifies potential threats. It should also identify individuals who may be at risk in case of a fire.

The assessment should determine what actions can be taken to reduce or eliminate fire hazards.

As a Responsible Person for a building covered by the Fire Safety Act of 2021, you must conduct a fire risk assessment and take practical measures to mitigate or eliminate the identified risks.

Keep a copy of the fire risk assessment and any modifications, and provide it to the enforcement authority upon request.

Who Can Carry out A Fire Risk Assessment?

The completion of a fire risk assessment by a qualified individual is not required by law. However, it is suggested that a “competent professional” perform the assessment.

Conclusion

The Fire Safety Order applies to the structure, individual flat entrance doors, common areas, external walls, cladding, and balconies. These are only applicable to multi-occupied residential buildings. This is stated in the Fire Safety Act 2021. These revisions to the Fire Safety Order are to clarify for whom the responsibility falls upon to conduct such tasks.

If you are a Responsible Person for a building covered by the act, you have certain obligations. These include conducting a fire risk assessment and taking reasonable steps to minimise or eliminate the identified risks.

Sources – The Fire Safety Act 2021 – Explained

Fire Safety Act 2021 – Source 1 – GOV.UK

The Fire Safety Act 2021 – Source 2 – NFCC

What You Need to Know – Source 3 – Fire Risk Assessment Network