New fire safety regulations: a run-down of your responsibilities

Following the Grenfell Tower fire in 2017, the government undertook a wholesale review of fire safety legislation in England. As a result, significant changes have been made to fire safety legislation in England, with new requirements for those responsible for non-domestic buildings.

The key pieces of legislation are:

• The Fire Safety Act 2021
• The Fire Safety (England) Regulations 2022
• The Building Safety Act 2022

Fire Safety Act 2021

The Fire Safety Act 2021 clarified the scope of the Regulatory Reform (Fire Safety) Order 2005 (FSO). The Act confirmed that the FSO applies to the structure, external walls, and flat entrance doors of multi-occupied residential buildings. This means that for premises such as flats above builders merchant premises, or mixed-use buildings with residential elements, the responsible person has additional fire safety responsibilities relating to the fabric of the building.

Fire Safety (England) Regulations 2022

The Fire Safety (England) Regulations 2022 came into force on 23 January 2023. The Regulations introduce new requirements in relation to multi-occupied residential buildings. Of most relevance to builders merchants are the provisions relating to all non-domestic premises:

• The responsible person must provide fire safety information to residents of any building with two or more domestic premises.
• The responsible person must ensure that fire door checks are carried out on a regular basis (at least annually for all fire doors, and quarterly for entrance doors to individual flats in higher-risk buildings).

Building Safety Act 2022

The Building Safety Act 2022 introduces a new regulatory regime for 'higher-risk buildings' – those that are at least 18 metres in height or at least seven storeys and contain at least two residential dwellings. The Act establishes a new Building Safety Regulator, creates new duties for Building Safety Managers and Principal Accountable Persons, and introduces a new system for managing building safety risks.

While the Building Safety Act is primarily aimed at higher-risk residential buildings, builders merchants with mixed-use premises or residential properties above commercial premises may have additional obligations under the Act.

What should you do?

If you haven't already done so, you should:

• Review your fire risk assessment in light of the new legislation to ensure it is up to date and reflects the changes.
• Ensure that any fire door inspection and maintenance programme is in line with the new requirements.
• If you have residential premises above your commercial premises, seek specialist advice about your obligations under the new legislation.