Fire Safety Legislation: Your questions answered In 5 Minutes.

Last updated: 1st February 2024

Whilst legislation around Fire and Building Safety continues to change, how can you be sure you are doing everything you can to help keep people and buildings safe whilst ensuring you meet your legal duties? We’ve put together some frequently asked questions to guide you through this evolving regulatory landscape.

What is Section 156 of the Building Safety Act 2022? 

Section 156 of the Building Safety Act (the Act) came into force on 1st October 2023, enforcing important changes to duties of the Responsible Person (RP), recording Fire Risk Assessments (FRAs), and information shared with tenants. If you are an RP, it's important that you understand your obligations to comply with the Act to enhance cooperation between RPs, APs, and tenants. 

What is the difference between Passive Fire Protection (PFP) and Active Fire Protection (AFP)?

Passive Fire Protection (PFP) is protection that is built into the structure of a building and provides fire resistance for a given period. During a fire, it will help limit the damage to buildings by controlling the spread of fire and smoke, protecting escape routes, and maintaining the integrity of the structure. Active Fire Protection (AFP) is protection that takes action to supress or put out a fire, for example, extinguishers and sprinklers. It also alerts people to the presence of fire or smoke, for example via audible fire alarms.

Why do I need both PFP and AFP?

To detect, alert, prevent, suppress and restrict a developing fire, a comprehensive fire protection plan is needed and should include both Active and Passive measures alongside management procedures.

What is a Fire Risk Assessment (FRA) and is it a legal requirement?

Yes, it is a legal requirement. Under the Regulatory Reform (Fire Safety) Order 2005 (and Fire Safety Act 2021), a Responsible Person must carry out and regularly review a fire risk assessment of a building to identify what they need to do to prevent fire and keep people safe. You must maintain a written record of your fire risk assessment if your business has 5 or more people.

What are the 5 elements of an FRA?

1. Identifying people at risk
2. Identifying any potential fire hazards
3. Evaluating, removing, or reducing the risks
4. Recording findings, prepare an emergency plan and provide training.
5. Reviewing and updating the fire risk assessment regularly.

What are some of the legal obligations a Fire Risk Assessment covers?

Fire safety features (passive and active), means of escape, fire detection and warning systems, firefighting equipment, removal or safe storage of dangerous substances, the needs of vulnerable people (elderly, young children, or those with disabilities, etc.), compartmentation, cladding, evacuation strategies and detailed action plans.

Why do I need an independent audit of our Fire Risk Assessments (FRA)?

An independent audit helps raise the standards of your existing suppliers whilst demonstrating assurance that they are carrying out their FRAs correctly. It enables you to demonstrate practical compliance, assure your tenants and board, and meets the expectations of the Regulator. A third-party audit can help to provide you with clearly defined metrics and actions your FRA suppliers may need to take, helping you to avoid compliance scrutiny, intervention or downgrade.

How do you identify who the responsible person is in your residential premises?

All business and commercial buildings will have a ‘Responsible Person’; there may be multiple Responsible Persons in a given building or company. In residential properties, you are the Responsible Person if you own or have control of the premises but only for the non-domestic (common) parts.

How do you identify who the responsible person is in your workplace?

If you are an employer, you may be the Responsible Person. You may also be the Responsible Person if you have control of a premise, under article 22 of the Regulatory Reform (Fire Safety) Order 2005, there must be cooperation and coordination between those responsible.

What are some of the legal responsibilities the ‘Responsible Person’ has in terms of fire safety?

The Responsible Person is required to carry out and review Fire Risk Assessments regularly and record all findings. They must ensure that any risks identified and resolved have been shared with other members of staff or occupiers of the building. In the case of an emergency, they will have needed to prepare a plan to follow. They will need to put in place fire safety precautions and measures and confirm they are maintained at all times, making sure fire safety information and instructions are available to all people in the building. In a workplace, the Responsible Person will need to make certain fire safety training is undertaken by staff regularly.

Where do I need fire doors?

Under the Fire Safety Act 2021, a front door into an apartment/flat will need to be compliant with the requirements laid out in The Act if it opens onto a common escape route. Fire doors also play an integral role in maintaining the performance of any fire resisting compartment line in which they are located.

We have fire doors fitted across our buildings. How do I know they are still compliant with regulations?

Fire doors keep smoke or fire contained in the room where it started. They are constructed of materials that withstand fire for a minimum period and help keep escape routes safe whilst protecting other areas of the building. They are required to be fitted with the correct fire-rated hardware. Over time, fire doors can become damaged due to their daily continual use. Regular fire door inspections by specialist fire door surveyors will determine if fire doors are installed correctly, fit for purpose and in a suitable condition to resist fire for the required period.

What happens if my organisation is not compliant with the Fire Safety Act (RRFSO)?

If you are a Responsible Person or Duty Holder and cannot demonstrate compliance with RRFSO you may be subject to an enforcement notice or prosecution. Local fire and rescue authorities may inspect premises and can issue enforcement notices informing you about any changes you need to make. Prohibition notices may also be issued which forbid or restrict the use of your premises.