Fire Safety Act 2021

Hot on the heels of the recently completed Building Safety Bill, the government has announced the commencement of the long awaited Fire Safety Act 2021. This new Act is set to come into force in January of 2023.

But what is this new act, how does it differ from the old one, and what does it mean for you?

As was the case with the Building Safety Bill, the new Fire Safety Act was commissioned following the Grenfell fire of 2017. The Fire Safety Act clarifies exactly which parts of multi-residence buildings the Fire Safety Order 2005 applied to, as well as who is responsible for these areas. 

Fire safety order, fire safety act? What’s the difference?

The Fire Safety Order of 2005 (FSO) provides a framework for regulating fire safety in all non-domestic premises, this includes the requirements and standards for:

• The duty to take general fire precautions
• The need for proper fire risk assessment
• The principles of prevention
• Fire detection and fire-fighting arrangements
• Emergency routes, exits, and procedures
• Flammable substances
• Fire training
• Responsibilities for all the above
• Enforcement action methods available

Under the FSO, the responsibility for ensuring that these standards are met and understood lies with the ‘responsible person’ for each building. This may be a business owner, a landlord, letting agents or other managing agent. It is their responsibility to ensure that fire risks presented by a building and the surroundings are properly assessed.

The Fire Safety Act 2021 (FSA) doesn’t replace the FSO, it adds to and clarifies some existing points. The FSA affects buildings that contain more than one residence, and clarifies that the arrangements set out in the FSO that apply to the entire structure of a building, the external walls, and any doors that separate domestic and common parts of a building.

This will include all balconies, cladding, fittings, insulation, and windows that may be part of a building structure. Some of which were deemed to be key factors in the severity of the Grenfell Tower fire.

What does this mean for you?

 With an increase to the scope of presented risks, the ‘responsible person’ for each building should ensure that the fire risk assessments carried out for properties under your control accurately reflect the new requirements.

Once satisfactory risk assessments have been carried out, ensure that any remedial actions are taken to make sure that any items which present a risk to the fire safety of a building are removed or amended.

These assessments should be reviewed on an annual basis as with any risk assessment, but special attention should be taken when assessing the risks associated with material changes to the building, such as changes to a building such as  repairs, refurbishments or alteration are being carried out, as these can often have a detrimental effect on how fire and smoke spread throughout a building if not managed carefully.

The responsible person may be asked to demonstrate evidence to enforcing officers that they have properly assessed, and acted upon, the new requirements set out within the Fire Safety Act.

Who can carry out a Fire Risk Assessment?

More scrutiny is to be put on the appointment of fire risk assessors, with assessments only to be carried out by a ‘competent professional’. Guidance is available to help inform you on what to look for when appointing a fire risk assessor. The government has also provided a ‘Fire Risk Assessment Prioritisation Tool ‘ to help you prioritise which buildings or areas may require action or assessment soonest.