An Update on Fire Safety Regulations in England: What Responsible Persons Need to Know

An Update on Fire Safety Regulations in England: What Responsible Persons Need to Know

Fire safety legislation in England has undergone its most significant transformation in decades. Following the Grenfell Tower tragedy in 2017 and the subsequent public inquiry, Parliament has enacted a series of laws and statutory instruments that fundamentally reshape the duties of responsible persons, building owners, and property managers overseeing multi-occupied residential buildings. If you manage or have fire safety responsibilities for a block of flats, a purpose-built apartment building, or any multi-dwelling residential premises, the regulatory landscape has changed substantially -- and non-compliance is no longer a grey area.

This article provides a comprehensive overview of the key legislative changes, explains what they mean in practice, and offers actionable guidance for staying compliant.

The Legislative Framework: Four Pillars of Reform

To understand the current requirements, it helps to see how the four main pieces of legislation fit together.

1. The Regulatory Reform (Fire Safety) Order 2005 (FSO)

The FSO has been the cornerstone of fire safety law in England and Wales since 2006. It places a general duty on the "responsible person" -- typically the building owner, managing agent, or employer -- to carry out a fire risk assessment, implement appropriate fire safety measures, and keep them under regular review. The FSO applies to the common parts of multi-occupied residential buildings: corridors, stairwells, lobbies, plant rooms, and other shared areas.

Before the post-Grenfell reforms, there was ambiguity about whether the FSO extended to the external walls of a building or to individual flat entrance doors. That ambiguity has now been resolved decisively.

2. The Fire Safety Act 2021

The Fire Safety Act 2021, which received Royal Assent in April 2021, clarified and extended the scope of the FSO. It confirmed that the fire safety order applies to:

- The structure and external walls of a multi-occupied residential building, including cladding, balconies, and windows
- Individual flat entrance doors that open onto communal areas

This was a direct response to the Grenfell Tower Inquiry Phase 1 recommendations, which identified that uncertainty about the scope of the FSO had contributed to inadequate fire risk assessments that failed to consider external wall systems and compartmentation at flat entrance doors.

In practical terms, this means that if you are the responsible person for a building with two or more residential dwellings, your fire risk assessment must now explicitly address the external wall makeup and the condition and fire integrity of every flat front door that opens onto a communal area.

3. The Building Safety Act 2022

The Building Safety Act 2022 is the most sweeping piece of building safety legislation introduced in a generation. While it covers far more than fire safety alone -- including structural integrity, construction product regulation, and the creation of the Building Safety Regulator within the Health and Safety Executive -- several provisions directly affect fire safety management in residential buildings.

Key fire safety provisions of the Building Safety Act include:

- The Building Safety Regulator (BSR): A new regulatory body responsible for overseeing the safety of higher-risk buildings (those 18 metres or more in height, or 7 storeys or more, containing at least two residential units). The BSR has powers to enforce compliance, issue compliance notices, and prosecute.
- Accountable Person and Principal Accountable Person: For higher-risk buildings, the Act introduces these new statutory roles with explicit duties to assess and manage building safety risks, including fire safety, on an ongoing basis.
- Residents' engagement: Higher-risk buildings must have a Residents' Engagement Strategy, and residents have a right to request safety information about their building.
- Golden thread of information: A digital record of building safety information must be created and maintained throughout the lifecycle of a higher-risk building, ensuring that critical data about fire safety systems, structural design, and construction materials is never lost.
- Stronger enforcement and penalties: The Act introduces new criminal offences for failing to comply with building safety duties, with penalties including unlimited fines and imprisonment.

4. The Fire Safety (England) Regulations 2022

The Fire Safety (England) Regulations 2022, which came into effect on 23 January 2023, are the statutory instrument that translates the high-level requirements of the Fire Safety Act into specific, enforceable duties. These regulations place a series of concrete obligations on the responsible person for multi-occupied residential buildings, with additional requirements that scale upward depending on building height.

These regulations represent the most significant set of new requirements for day-to-day fire safety management, and they deserve detailed examination.

The Fire Safety (England) Regulations 2022: What You Must Do

The 2022 Regulations introduce obligations at three tiers: all multi-occupied residential buildings, buildings 11 metres and above, and buildings 18 metres and above (or with 7 or more storeys). Understanding which tier your building falls into is the starting point for compliance.

Requirements for All Multi-Occupied Residential Buildings

If you are the responsible person for any building containing two or more dwellings, the following requirements now apply:

Fire door checks in communal areas. You must ensure that all fire doors in communal areas are checked to confirm they are in good working order, close correctly, and are not damaged. This includes checking that doors are snug within their frames, that intumescent strips and smoke seals are intact, and that self-closing devices function properly. These checks should be carried out at least every three months.

Note: The requirement for quarterly communal fire door checks is distinct from the annual fire door inspection conducted by a competent fire door inspector. The quarterly checks can be performed by a suitably trained member of staff or management agent as a visual and functional check, while the annual inspection is a more thorough technical assessment.

Flat entrance door checks. Every flat front door that opens onto a communal area must be checked at least annually to ensure it provides adequate fire resistance and that its self-closing mechanism, seals, and hardware are functional. The responsible person must make reasonable endeavours to gain access to carry out these checks. If access is refused, this must be documented.

Information to residents. You must provide residents with clear, accessible information about:

- The fire safety measures in the building
- The identity of the responsible person
- What actions residents should take in the event of a fire (whether the building operates a "stay put" strategy, simultaneous evacuation, or another approach)

This information should be provided to all residents and must be kept up to date. Any changes to the evacuation strategy or fire safety arrangements should be communicated promptly.

Improved signage. Fire safety signage in the building must be clear, well-maintained, and sufficient to guide occupants and the fire and rescue service. This includes ensuring that floor identification signs are displayed in stairwells, fire action notices are posted in communal areas, and wayfinding signage is legible and accurate.

Additional Requirements for Buildings 11 Metres and Taller

For multi-occupied residential buildings that are 11 metres or more in height, additional obligations apply:

Sharing information with the fire and rescue service. The responsible person must provide the local fire and rescue service with up-to-date information about the building, including:

- The building's height, number of storeys, and number of residential units
- Construction details, including the external wall makeup and materials
- Floor plans and the layout of each floor
- Details of firefighting systems and equipment (e.g. dry risers, wet risers, firefighting lifts, smoke ventilation)
- Information on the fire safety measures in place, including the evacuation strategy
- Details of any known fire safety deficiencies or ongoing remediation work

This information must be kept current, and the responsible person must engage proactively with the fire and rescue service -- not wait for them to request it.

External wall information. You must record and maintain detailed information about the external wall construction, including the materials used and any assessments or surveys that have been carried out. If you do not have this information, you must take reasonable steps to obtain it.

Wayfinding signage for firefighters. Buildings of 11 metres and above must have signage that helps firefighters navigate the building efficiently in the event of a fire. This includes floor identification signs in stairwells and clear labelling of firefighting equipment and access points.

Additional Requirements for Buildings 18 Metres and Above (or 7+ Storeys)

The tallest and most complex residential buildings face the most stringent requirements:

Evacuation plans. The responsible person must prepare, maintain, and keep under review a written evacuation plan for the building. This plan must be shared with the local fire and rescue service and must be readily available to residents.

Personal Emergency Evacuation Plans (PEEPs) considerations. While the originally proposed mandatory PEEPs requirement was withdrawn following a government consultation, responsible persons are still expected to take reasonable steps to identify residents who may need assistance evacuating and to consider how their needs will be met in an emergency. The government has encouraged a system of "Emergency Evacuation Information Sharing" (EEIS) as a proportionate alternative.

Installed wayfinding signage. Beyond the signage requirements for 11-metre buildings, higher-rise buildings must have permanently installed wayfinding signage that meets specific standards to assist firefighting operations.

Monthly checks of firefighting equipment. Lifts intended for firefighter use, dry and wet risers, and other firefighting facilities must be checked regularly. The responsible person must ensure these systems are maintained and functional at all times.

Record-Keeping: The Backbone of Compliance

One of the most significant themes running through all of the post-Grenfell reforms is an emphasis on thorough, accurate, and accessible record-keeping. The regulations substantially increase the volume of records that responsible persons must hold, maintain, and be able to produce on demand.

Your records should include, at minimum:

- Fire risk assessment: The current assessment and all previous versions, including details of any reviews and updates
- Fire door inspection records: Documentation of quarterly communal fire door checks, annual flat entrance door checks, and any remedial works carried out
- External wall information: Construction details, material specifications, any EWS1 forms or other assessments, and records of remediation
- Resident communications: Copies of fire safety information provided to residents, including dates of distribution
- Fire and rescue service correspondence: Records of information shared with the local fire and rescue service, including dates and content
- Maintenance and testing records: Documentation of all fire safety system inspections, tests, and maintenance -- including fire alarms, emergency lighting, sprinklers, dry risers, smoke ventilation, and firefighting lifts
- Incident records: Details of any fire incidents, false alarms, or near-misses, and the actions taken in response

The regulations make clear that simply having fire safety measures in place is not enough. You must be able to demonstrate through documented evidence that those measures are being actively monitored, maintained, and reviewed.

For property managers overseeing portfolios of multiple buildings, establishing a centralised digital record-keeping system is no longer optional -- it is a practical necessity. Paper-based systems are increasingly difficult to maintain at the scale and detail the regulations demand, and they are far harder for enforcement officers to audit.

Enforcement and Penalties

The enforcement landscape has toughened considerably. Fire and rescue authorities in England have been given expanded powers, and the penalties for non-compliance have increased.

Under the FSO as amended, fire and rescue authorities can issue:

- Alterations notices requiring notification before specified changes are made
- Enforcement notices requiring specific actions to be taken within a set timeframe
- Prohibition notices restricting or preventing use of all or part of a building where there is a serious risk to life

Failure to comply with these notices is a criminal offence. The maximum penalties for fire safety offences under the FSO were increased by the Fire Safety Act 2021, with unlimited fines available for the most serious breaches. In cases where non-compliance contributes to death or serious injury, responsible persons can face imprisonment.

The Building Safety Act 2022 introduced additional enforcement mechanisms for higher-risk buildings, including compliance notices from the Building Safety Regulator and the ability for the BSR to take direct enforcement action.

It is also worth noting that enforcement is not limited to situations where a fire has occurred. Fire and rescue authorities carry out proactive audits of multi-occupied residential buildings and can take enforcement action based on deficiencies found during a routine inspection. The frequency of these audits has increased since Grenfell, and fire and rescue services are applying greater scrutiny to record-keeping, fire door condition, and external wall management.

Practical Steps for Responsible Persons

Given the breadth and complexity of these regulatory changes, here is a structured approach to achieving and maintaining compliance:

1. Confirm Your Building's Height Classification

Determine whether your building falls into the "all buildings," "11 metres and above," or "18 metres and above" category. This determines which tier of requirements applies. If you are uncertain about building height, commission a measurement or check the building's construction records.

2. Review and Update Your Fire Risk Assessment

Your fire risk assessment must now explicitly cover the external walls (including cladding, insulation, and balconies) and all flat entrance doors. If your current assessment predates the Fire Safety Act 2021, it almost certainly needs updating. Engage a competent fire risk assessor with experience in the post-Grenfell regulatory framework.

3. Establish a Fire Door Inspection Programme

Set up a documented quarterly check regime for all fire doors in communal areas and an annual check programme for flat entrance doors. Create a register of every fire door in the building, noting its location, condition, and inspection history. Ensure that the staff carrying out quarterly checks have received appropriate training.

4. Compile and Share Building Information

Gather the information required by the regulations -- floor plans, external wall details, firefighting system specifications -- and share it proactively with your local fire and rescue service. Do not wait for an audit or a request. Maintain this information as a living document that is updated whenever changes are made to the building.

5. Communicate with Residents

Provide clear fire safety information to all residents, including the evacuation strategy, the identity of the responsible person, and what to do in an emergency. Revisit this communication at least annually or whenever changes are made.

6. Invest in Digital Record-Keeping

The volume of documentation required under the new regulations is substantial. Digital inspection and compliance management platforms allow you to maintain time-stamped records, track remediation actions, schedule recurring inspections, and produce compliance evidence on demand. For portfolios of any size, this is the most efficient and defensible approach.

7. Stay Informed

Fire safety regulation in England continues to evolve. The government website publishes updated guidance, and responsible persons should monitor it regularly. Engaging with professional bodies, attending industry briefings, and maintaining relationships with your local fire and rescue service will help ensure you are aware of changes before they catch you off guard.

Looking Ahead

The post-Grenfell legislative programme is not yet complete. Secondary legislation continues to be developed, the Building Safety Regulator is progressively expanding its oversight of higher-risk buildings, and the Grenfell Tower Inquiry Phase 2 report (published in September 2024) has prompted further government commitments to reform. The direction of travel is clear: greater accountability, more prescriptive duties, stricter enforcement, and a fundamental expectation that building safety is managed proactively rather than reactively.

For responsible persons and property managers, the message is straightforward. These regulations are not aspirational guidance -- they are enforceable legal duties. The time to act is now: review your fire risk assessments, implement fire door inspection programmes, compile your building information, invest in robust record-keeping, and ensure that every person with fire safety responsibilities in your organisation understands what is expected of them.

The cost of compliance is manageable. The cost of non-compliance -- in fines, enforcement action, reputational damage, and most importantly in the safety of the people who live in your buildings -- is not.