Fire Safety Act 2021 – What can you expect?

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There has been a lot of discussion in the news since the Grenfell tower inquiry phase following the tragedy in 2017. Standards on fire safety should improve, particularly under evolving Fire safety England regulations. These changes relate to high-rise blocks but are increasingly being applied more broadly. Whilst the initial focus was on high-rise buildings, attention has now shifted to other property types, including developments containing an individual flat. It is important that landlords are aware that changes are coming down the line if not already in place.

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Cladding Crisis

There has now been a ban on aluminium composite material cladding since 2018. This required many high-rise buildings over 18 meters to strip unsafe materials. Updated Safety England regulations 2022 have reinforced these requirements, alongside broader Fire safety England regulations affecting lending practices. Lenders are now cautious about offering mortgages for properties deemed unsafe, including those where each individual flat may be affected by external wall risks.

Further government guidance issued in 2020 has led to lenders requesting external wall system checks. These checks are tied closely to a risk assessment prioritisation tool, helping determine urgency and remediation needs. However, confusion remains around how these checks are carried out, making it harder to sell properties.

February 2021

The government announced £3.5 billion in funding to address unsafe cladding, aligning with updates from the Royal Institution of Chartered Surveyors. These updates also reflected the ongoing Grenfell tower inquiry phase findings. The introduction of clearer processes has encouraged the use of a risk assessment prioritisation tool to support Fire risk assessment prioritisation decisions across buildings.

Despite this, inconsistencies remain. Many believe the government or developers should have removed all unsafe cladding. Leaseholders in each individual flat may still face financial burdens. Additional fire safety measures, such as compartmentation, are now expected, especially where a flat entrance door plays a role in preventing fire spread.

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What can we now expect?

The Fire Safety Act 2021, influenced heavily by the Grenfell tower inquiry phase, amends the Regulatory Reform (Fire Safety) Order 2005. It expands responsibilities for duty holders and aligns with Fire safety England regulations and Safety England regulations 2022.

Key points include:

  • Applies to all multi-occupied residential buildings
  • Requires assessment of fire risks, including external walls and each flat entrance
  • Introduces stronger enforcement powers
  • Encourages structured Fire risk assessment prioritisation using a risk assessment prioritisation tool

Responsible persons must now consider risks affecting every individual flat, ensuring compliance with both Fire safety England regulations and Safety England regulations 2022.

Are these changes effective immediately?

No. Although the Act received Royal Assent, implementation depends on finalised guidance. This guidance supports Fire risk assessment prioritisation and helps determine actions using a risk assessment prioritisation tool.

The consultation process emphasises risks from combustible materials and highlights the importance of assessing each individual flat and flat entrance. The guidance also aligns with recommendations from the Grenfell tower inquiry phase.

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Responsibilities of the Responsible Person

The introduction of new rules under article 4 reflects recommendations from the Grenfell tower inquiry phase. These rules strengthen Fire safety England regulations and reinforce Safety England regulations 2022.

Responsible persons must:

  • Provide building information to fire services
  • Maintain secure information boxes for emergency access
  • Ensure checks on every flat entrance door
  • Carry out inspections affecting each individual flat

In buildings over 11 metres, secure information boxes are now mandatory, alongside wayfinding signage. These requirements are part of broader Fire safety England regulations and Safety England regulations 2022 updates.

Fire Safety Instructions and Compliance

Responsible persons must provide residents with clear fire safety instructions. This includes guidance relevant to each individual flat and evacuation strategies linked to the building.

Fire door checks are critical, especially at each flat entrance, forming part of structured Fire risk assessment prioritisation. The use of a risk assessment prioritisation tool ensures risks are addressed efficiently.

Additional Measures

The regulations also require:

  • Annual checks of flat entrance doors
  • Quarterly inspections of communal fire doors
  • Installation of secure information boxes
  • Ongoing compliance with Safety England regulations 2022

These measures ensure that every individual flat is protected and that responsible persons meet obligations under Fire safety England regulations.

Final Thoughts

The evolving framework, shaped by the Grenfell tower inquiry phase, places significant responsibility on property owners and managers. Effective Fire risk assessment prioritisation, supported by a risk assessment prioritisation tool, is now essential.

Compliance with Fire safety England regulations and Safety England regulations 2022 is not optional. Ensuring the safety of every individual flat, maintaining secure information boxes, and managing each flat entrance properly will be critical moving forward.

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