Changes to building safety requirements: key points to learn and act on

News

Starting from 1st October 2023, new fire safety regulations have come into effect, creating new obligations for buildings and proprietors of buildings. The changes make up part of the new building safety regime which integrates changes to the Home Office’s fire safety reform programme. 

Crucial to this is Section 156 of the Building Safety Act 2022 (BSA), which makes several changes to the Regulatory Reform (Fire Safety) Order 2005 (FSO) to enhance fire safety in all FSO regulated buildings across England and Wales.

The key changes include:

Reforms to how Responsible Persons operate: As expressed in the FSO, Responsible Persons must establish and enforce suitable arrangements for the strategy, direction, oversight and review of a building’s fire safety measures. Additionally, there must be improved cooperation and coordination between Responsible Persons in buildings with several relevant parties.

All Responsible Persons must now document fire risk assessments -  you will need to record both your fire risk assessment and fire safety arrangement in full, regardless of the size or purpose of the business or premises.

Mandated reporting on an ongoing basis: The laws develop requirements for the gathering and sharing of fire safety data. Resultingly, during a building's lifespan, important safety information will be accessible perpetually.

Simpler enforcement to ensure effectiveness: The new regulations make it easier for violators of fire safety requirements to be brought to justice. Several of the penalties have had the maximum limit removed, establishing unlimited fines. Due to the changing rules, penalties will cover new duties introduced by the changing rules.

Greater information for residents: The Responsible Person is required to advise inhabitants of the risks from fire in their building and the fire safety measures provided to ensure safety. This applies to residential buildings with two or more domestic premises, for instance, blocks of flats.  This requirement expands upon legislation introduced earlier this year that required responsible persons to provide residents with information on emergency procedures and the importance of fire doors. 

However, one element of Section 156 has yet to be enacted. This refers to Responsible Persons having to ensure that anyone tasked with holding or assessing a risk assessment must be deemed competent, which entails having sufficient skills, knowledge,  experience and behaviours to take part in a risk assessment.

We have previously written about other building safety changes coming into force on 1 October in our newsitem Implementing the Building Safety Act 2022: more guidance from the HSE and Home Office; Regulator’s Charges Regulations published.

To learn more about the new fire safety changes, visit the UK government’s resources here. The government has also continued to update its guidance on the wider building safety policy area here.