Source: Fire Protection Association

Important Fire Safety Regulations Come Into Force

As of 1 October 2023, new fire safety guidance and amendments to Section 156 of the Building Safety Act 2022 (BSA) of the Regulatory Reform (Fire Safety) Order 2005 (FSO) will come into force.

In March 2023, the Home Office outlined its plans for the new fire safety legislation, which falls under Phase 3 of its fire safety reform programme. As previously reported by the FPA, the changes directly apply to responsible persons (RPs) of high-rise residential buildings and see requirements for more transparent recording and documenting and higher levels of information sharing.

Specifically, Phase 3 looks to improve cooperation and coordination between RPs, ensure a continual record of shareable fire safety information throughout a building’s lifespan, make it easier for enforcement authorities to take action against non-compliance, and ensure residents have access to comprehensive information about fire safety in their buildings.



In its guidance, the Home Office adds: “There is also a legislative requirement that, where the Responsible Person appoints a person to make or review the fire risk assessment, they must be competent. This legislative requirement will be brought into force at a later date, and we will provide relevant guidance in that regard ahead of the commencement date.

“In the meantime, if you do appoint a fire risk assessor our recommendation is that you ensure they are competent to do so, in terms of having sufficient training and experience or knowledge and other qualities. It remains the case that the Responsible Person has a duty to make sure that a suitable and sufficient fire risk assessment is completed.”

1 October also marks the date on which high-rise residential buildings must be registered with the Building Safety Regulator (BSR). Since the registration scheme opened in April 2023, the Health and Safety Executive (HSE) revealed that 10,080 applications had been started. According to BSR data, approximately 12,500 high-risk residential buildings, which are over 18 metres in height, will need to be registered.

As reported by Building, over 2,000 high-rise building applications remain outstanding in the lead up to the registration deadline. On 20 September, the HSE sent out a reminder that it was a “legal duty” to register high-rise residential buildings. HSE states:

“It will be a criminal offence for any qualifying building not to be registered with the new regulator after 1 October 2023. Registration opened in April 2023.

“Those responsible for high-rise buildings not registered by the deadline could face significant sanctions, including prosecution.”

Deputy Chief Inspector of Buildings at BSR, Chris Griffin-McTiernan said: “I would encourage any organisation that has not registered their high-rise building, to do so now. There is guidance available to help you comply with the law.

“The creation of this register is a major step forward in terms of building safety in England. Residents themselves will soon have access to the register. This new transparency will shift power towards those who live in these buildings. Residents deserve the better oversight we will be able to provide with the register.”

The full guidance of fire safety responsibilities under Section 156 of the Building Safety Act 2022 can be found here.

The BSR registration process for high-rise buildings can be found here.