Fire safety responsibilities under Section 156 of the Building Safety Act 2022
This guidance has been updated. It is for people who have responsibilities under the Regulatory Reform (Fire Safety) Order 2005, which has been amended by Section 156 of the Building Safety Act.
The guidance aims to help the reader understand about new responsibilities for fire safety when they come into force on 1 October 2023.
These requirements apply to all non-domestic premises, such as where people work, visit or stay, including workplaces, and the non-domestic parts of multi-occupied residential buildings (e.g. communal corridors, stairways, plant rooms). The requirements do not apply within individual domestic premises.
Local fire and rescue authorities remain the primary enforcing body for the Fire Safety Order, including these additional requirements. The guidance has been updated to remove reference to the Housing Act 2004 listing enforcement by the Local Authority in non-domestic parts of multi-occupied residential buildings (such as communal corridors, stairways etc). The guidance highlights that the enforcing body will be the:
Health and Safety Executive (HSE) in the case of non-occupied buildings on a construction site.
Defence Fire Safety Regulator for sites occupied for the purposes of the armed forces.
Local authority for designated sports grounds and regulated stands at sports grounds.
Crown Premises Fire Safety Inspectorate in buildings occupied or owned by the government.
Duties for all Responsible Persons
The document explains the following duties, which apply to the Responsible Person for any building regulated by the Fire Safety Order:
Recording the fire risk assessment (including all findings) and the fire safety arrangements for the premises in all circumstances.
Cooperation and coordination between Responsible Persons – take all reasonable steps to identify whether there are any other Responsible Persons in the premises who share or have duties in respect of it (e.g. multi-occupancy commercial buildings).
Cooperation with Accountable Persons – a Responsible Person in a higher risk residential building, which is defined under the Building Safety Act as at least 18 metres in height, or with at least 7 storeys, and containing at least 2 residential units, must take reasonable steps to identify the Accountable Persons (this may include the Principle Accountable Person) within the premises.
Provision of information to new Responsible Persons.
The guidance also explains the duties of Responsible Persons for buildings which contain two or more sets of domestic premises. This includes provision of information to residents.
Other changes
As well as introducing new requirements for Responsible Persons, the Building Safety Act amends two other articles of the Fire Safety Order:
Offences: Article 32 of the Fire Safety Order sets out a number of offences that may be committed by a Responsible Person in relation to their duties under the Fire Safety Order.
Guidance: Article 50 of the Fire Safety Order requires the Secretary of State to ensure that such guidance as they consider appropriate is made available to assist Responsible Persons to discharge their duties.
Click the button below to access a copy of the guidance