April 12, 2022
Since the devastating Grenfell Tower tragedy in 2017, there has been considerable debate over the suitability of existing fire safety legislation. With this in mind, the Fire Safety Bill was introduced by the Home Office. In April 2021, it received Royal Assent, becoming the Fire Safety Act.
Whilst the Fire Safety Act is yet to come into force, it is expected any time soon. The delay may be hinging on the associated Building Safety Bill, which is, at the time of publishing this post, awaiting consideration of amendments prior to receiving Royal Assent.
The Fire Safety Act 2021, applicable to buildings in England and Wales, amends the existing Regulatory Reform (Fire Safety) Order 2005. It clarifies numerous points, including the duties of Responsible Persons, and seeks to improve fire safety in multi-occupancy dwellings, regardless of height.
What are the rulings of the Fire Safety Act 2021?
The Fire Safety Act, and the Building Safety Bill when it becomes law, will mark the start of a new era for building safety.
The key rulings of the Fire Safety Act are as follows:
The Responsible Person must, as well as assessing the interior of a building for fire risks as per current legislation, ensure a fire risk assessment is completed for the structure and the external walls. This must include doors and windows, balconies, cladding and insulation. Should any risks be identified, relevant remedial action must be taken.
Another area of fire safety law which has been clarified under the 2021 Act is responsibility for entrance doors to individual residential units that open into communal areas. This responsibility will now become that of the Responsible Person, who must make sure that the doors are compliant and maintained.
The Fire Safety Act will also make it more straightforward for the Fire Service and Government to take action against the Responsible Person for any fire safety failures. Such action may include an unlimited fine, and/or a criminal prosecution.
Who is the Responsible Person?
The Responsible Person is the person appointed to keep people safe from fire in any given premises. They must carry out an assessment of fire risks to people on the premises or within its vicinity.
If you are an employer, and your workplace is under your control, even if you are simply self-employed, then you are considered the Responsible Person.
If you are not an employer, but you have some degree of control over the premises, perhaps as someone who runs a community centre or place of worship, then you will also be considered the Responsible Person.
If you are the owner of commercial premises which are not legally under someone else’s control, again you are the Responsible Person.
Finally, if you own a residential building and have control over the premises, you will be the Responsible Person.
The current duties of the Responsible Person are listed here.
What about the Building Safety Bill?
The Building Safety Bill, which is very close to receiving Royal Assent and becoming the Building Safety Act, incorporates far-reaching reforms designed to provide residents and property owners with improved rights, protections and powers. Whilst its core aim is to make people’s homes safer, the legislation does apply to ALL buildings, rather than just high rise residential blocks.
The new regulations will set out a clear framework to improve compliance, and will clearly show how residential buildings should be built, maintained and made safe. More stringent penalties will be applied to those who fail to comply with the rules, and developers will be required by law to belong to a New Homes Ombudsman Scheme.
For the construction industry, the Building Safety Bill will introduce new requirements to ensure more products are safe. A National Regulator for Construction Products will be introduced to oversee and enforce the rules. What’s more, a new developer tax, and a levy on developers, will also come into force with a view to making sure the industry is in a position to contribute towards resolving current issues.
For building owners, there will be a new responsibility to manage safety risks, with clear lines of duty set out during the design, construction, completion and occupation of high rise residential buildings. Building owners will be required to prove that they have effective and proportionate measures in place to manage safety risks. Failure to comply with the new regulations could result in criminal charges.
For building residents, more scope will be introduced so they can have a better say in how their buildings are managed. Building owners and managers will have a duty to take note of any safety concerns raised and, if residents feel their concerns are not being dealt with, they will be able to refer them to the Building Safety Regulator.
What is the Building Safety Regulator?
The Building Safety Regulator (BSR) will be responsible for:
- Overseeing the safety and performance of buildings
- Helping the construction industry and building control professionals improve their competence
- Leading the implementation of the new regulatory framework for high rise buildings
Once the Building Safety Bill receives Royal Assent and becomes law, the Health and Safety Executive will take responsibility for all of these duties.
Extension to claims period for defective building work
One major amendment that will come in as part of the Building Safety Bill is the amount of time homeowners have to claim compensation for sub-standard construction work.
Currently this is six years, but it will rise to 15 years under the new regulations. The change will apply retrospectively, so for properties built up to 15 years before the new regulations come into force, owners will be able to bring a claim for defective work.
For the insurance industry, this particular amendment will increase exposure for the insurers of construction professionals, who may face increased claims under the new regulations. This may result in higher premiums, or decreased availability of cover.
However, whether claims dating back as far as 6-15 years will increase remains to be seen. Hurdles may arise, for example, in producing the necessary documentation or evidence to pursue or defend a claim that dates back so far. What’s more, contractors may no longer be solvent after such a long period, making it impossible to recover any damages.
How to prepare for the Fire Safety Act
Responsible Persons for residential multiple occupancy residences should, if they haven’t already, review their fire risk assessments to ensure they have covered the additional elements include in the reforms, i.e. the external façade and individual entrance doors.
Checking fire equipment, carrying out regular fire alarm checks and ensuring staff are sufficiently trained in evacuation procedures must all feature on the agenda.
Remember that the Act places additional duties on the Responsible Person for multiple occupancy buildings. Those persons will now hold the legal duty to proactively identify dangerous external wall systems such as certain types of cladding, and any structural issues. This may require the introduction of interim safety measures until such times as remedial works have been completed.
Of course, the issue of unsafe cladding and who should cover the cost of remedial works is something which is very much in debate, so Responsible Persons are advised to keep abreast of the latest developments on the matter.
In summary
Fire safety risk assessments will provide a lifeline to Responsible Persons should any breach of duty or claim situation arise under the new Fire Safety Act. By demonstrating that everything practicably possible was done to prevent and protect against fire, they will act as a best defence.
Consulting with a qualified fire safety professional is a wise move to ensure compliance and optimum building safety.
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Since the devastating Grenfell Tower tragedy in 2017, there has been considerable debate over the suitability of existing fire safety legislation. With this in mind, the Fire Safety Bill was introduced by the Home Office. In April 2021, it received Royal Assent, becoming the Fire Safety Act.
Whilst the Fire Safety Act is yet to come into force, it is expected any time soon. The delay may be hinging on the associated Building Safety Bill, which is, at the time of publishing this post, awaiting consideration of amendments prior to receiving Royal Assent.
The Fire Safety Act 2021, applicable to buildings in England and Wales, amends the existing Regulatory Reform (Fire Safety) Order 2005. It clarifies numerous points, including the duties of Responsible Persons, and seeks to improve fire safety in multi-occupancy dwellings, regardless of height.
What are the rulings of the Fire Safety Act 2021?
The Fire Safety Act, and the Building Safety Bill when it becomes law, will mark the start of a new era for building safety.
The key rulings of the Fire Safety Act are as follows:
The Responsible Person must, as well as assessing the interior of a building for fire risks as per current legislation, ensure a fire risk assessment is completed for the structure and the external walls. This must include doors and windows, balconies, cladding and insulation. Should any risks be identified, relevant remedial action must be taken.
Another area of fire safety law which has been clarified under the 2021 Act is responsibility for entrance doors to individual residential units that open into communal areas. This responsibility will now become that of the Responsible Person, who must make sure that the doors are compliant and maintained.
The Fire Safety Act will also make it more straightforward for the Fire Service and Government to take action against the Responsible Person for any fire safety failures. Such action may include an unlimited fine, and/or a criminal prosecution.
Who is the Responsible Person?
The Responsible Person is the person appointed to keep people safe from fire in any given premises. They must carry out an assessment of fire risks to people on the premises or within its vicinity.
If you are an employer, and your workplace is under your control, even if you are simply self-employed, then you are considered the Responsible Person.
If you are not an employer, but you have some degree of control over the premises, perhaps as someone who runs a community centre or place of worship, then you will also be considered the Responsible Person.
If you are the owner of commercial premises which are not legally under someone else’s control, again you are the Responsible Person.
Finally, if you own a residential building and have control over the premises, you will be the Responsible Person.
The current duties of the Responsible Person are listed here.
What about the Building Safety Bill?
The Building Safety Bill, which is very close to receiving Royal Assent and becoming the Building Safety Act, incorporates far-reaching reforms designed to provide residents and property owners with improved rights, protections and powers. Whilst its core aim is to make people’s homes safer, the legislation does apply to ALL buildings, rather than just high rise residential blocks.
The new regulations will set out a clear framework to improve compliance, and will clearly show how residential buildings should be built, maintained and made safe. More stringent penalties will be applied to those who fail to comply with the rules, and developers will be required by law to belong to a New Homes Ombudsman Scheme.
For the construction industry, the Building Safety Bill will introduce new requirements to ensure more products are safe. A National Regulator for Construction Products will be introduced to oversee and enforce the rules. What’s more, a new developer tax, and a levy on developers, will also come into force with a view to making sure the industry is in a position to contribute towards resolving current issues.
For building owners, there will be a new responsibility to manage safety risks, with clear lines of duty set out during the design, construction, completion and occupation of high rise residential buildings. Building owners will be required to prove that they have effective and proportionate measures in place to manage safety risks. Failure to comply with the new regulations could result in criminal charges.
For building residents, more scope will be introduced so they can have a better say in how their buildings are managed. Building owners and managers will have a duty to take note of any safety concerns raised and, if residents feel their concerns are not being dealt with, they will be able to refer them to the Building Safety Regulator.
What is the Building Safety Regulator?
The Building Safety Regulator (BSR) will be responsible for:
- Overseeing the safety and performance of buildings
- Helping the construction industry and building control professionals improve their competence
- Leading the implementation of the new regulatory framework for high rise buildings
Once the Building Safety Bill receives Royal Assent and becomes law, the Health and Safety Executive will take responsibility for all of these duties.
Extension to claims period for defective building work
One major amendment that will come in as part of the Building Safety Bill is the amount of time homeowners have to claim compensation for sub-standard construction work.
Currently this is six years, but it will rise to 15 years under the new regulations. The change will apply retrospectively, so for properties built up to 15 years before the new regulations come into force, owners will be able to bring a claim for defective work.
For the insurance industry, this particular amendment will increase exposure for the insurers of construction professionals, who may face increased claims under the new regulations. This may result in higher premiums, or decreased availability of cover.
However, whether claims dating back as far as 6-15 years will increase remains to be seen. Hurdles may arise, for example, in producing the necessary documentation or evidence to pursue or defend a claim that dates back so far. What’s more, contractors may no longer be solvent after such a long period, making it impossible to recover any damages.
How to prepare for the Fire Safety Act
Responsible Persons for residential multiple occupancy residences should, if they haven’t already, review their fire risk assessments to ensure they have covered the additional elements include in the reforms, i.e. the external façade and individual entrance doors.
Checking fire equipment, carrying out regular fire alarm checks and ensuring staff are sufficiently trained in evacuation procedures must all feature on the agenda.
Remember that the Act places additional duties on the Responsible Person for multiple occupancy buildings. Those persons will now hold the legal duty to proactively identify dangerous external wall systems such as certain types of cladding, and any structural issues. This may require the introduction of interim safety measures until such times as remedial works have been completed.
Of course, the issue of unsafe cladding and who should cover the cost of remedial works is something which is very much in debate, so Responsible Persons are advised to keep abreast of the latest developments on the matter.
In summary
Fire safety risk assessments will provide a lifeline to Responsible Persons should any breach of duty or claim situation arise under the new Fire Safety Act. By demonstrating that everything practicably possible was done to prevent and protect against fire, they will act as a best defence.
Consulting with a qualified fire safety professional is a wise move to ensure compliance and optimum building safety.