Fire Safety Regulations are now in force.
Introduction
The Fire Safety (England) Regulations 2022 are being laid under article 24 of the Fire Safety Order 2005. The Regulations apply to England only.
This Regulation imposes requirements on responsible persons or others, including building owners and building managers, in relation to mitigating the risk to residents for specific premises. It applies to buildings containing self-contained flats and rooms let on individual tenancies in a shared house (HMO).
The rules also cover high-rise buildings, some relating to those over 11 metres and some to those 18 metres or at least seven storeys with communal areas, which this article hasn't considered.
Responsible Persons
You are the Responsible Person if:
you own the building (only in relation to the non-domestic parts)
you have control over the premises
If you have confirmed you are not the Responsible Person you may still be a Duty Holder with some responsibilities under the Fire Safety Order if you have some control within the premises.
You are considered to have control of a premises if you are subject to a contract or tenancy that makes you responsible for:
the maintenance or repair of the premises themselves or anything in or on them
the safety of the premises
Examples of Duty Holders may include but are not limited to:
fire risk assessor
fire alarm engineer
managing agent
duty manager
Information to Residents - Regulation 9
Responsible persons will need to provide residents with instructions on:
how to report a fire
a reminder of what the evacuation strategy is for that building, and;
any other instruction that tells residents what they must do once a fire has occurred, based on the building’s evacuation strategy.
Responsible persons should display these instructions clearly in their building’s communal areas (such as the building’s lobby or any conspicuous part of the building) and share them directly with residents when they move into the building.
Responsible persons should take steps to make sure instructions can be understood by all their residents and make reasonable steps to ensure this happens.
This information will need to be re-provided in both the communal area and to residents when a document is updated. This information must also be re-provided to residents on an annual basis.
Fire Doors - Regulation 10
The Responsible Persons to provide to residents of all multi-occupied residential buildings with two or more sets of domestic premises (that have common parts) information on the importance of fire doors to a building’s fire safety.
A responsible person should consider:
if there has been any alterations or damage to a door’s glazing apertures or air transfer grille
if there are any gaps around the door frame and that seals and hinges are fitted correctly
that the door closer shuts the door
that the door closes correctly around the whole frame
that there is no visible damage (either deliberate or from wear and tear) to the door or door closer
If any issues are identified from these checks, it might be appropriate to undertake more detailed checks of doors (or the self-closing device) if any damage is identified from the initial inspection.
The information given to residents should cover the importance of keeping doors closed, that doors and self-closing devices are not tampered with and that any faults or damage to doors should be raised immediately.
Residents will receive this information when they move into a multi-occupied residential building and then on an annual basis.
Conclusion
Regulation 9: The responsible person must ensure that fire safety instructions are prominently displayed and a copy given to all residents every 12 months and all new residents as soon as practicably possible after they move in.
Regulation 10: The Responsible Person will need to ensure information about fire doors is provided to occupiers every 12 months and all new residents as soon as practicably possible after moving in.
If a structure comprises two maisonettes with front doors on the street and no communal area, these regulations will not apply. Also, they won't apply to a house let on a joint and several tenancy, although there would be no harm in issuing the instructions.
Further Information
Please see the gov.uk website for guidance on all parts of the Fire Safety (England) Regulations 2022.
Further Assistance
Private Sector Housing legislation and Regulation is a minefield. Surrey Property Licensing can help you navigate your way through.
We also offer a free 20-minute initial consultation to assess your situation and decide how best to meet your needs.
To book a consultation please call 01483 608975 or use our contact form.
