There are several pieces of legislation that deal with fire safety in England and Wales.
Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 is the main legislation that deals with communal areas in residential buildings, as well as other places.
It requires the person responsible for fire safety in a building to take ‘reasonable’ steps to:
- reduce the risk of fire
- make sure people can safely escape if there is a fire
The law gives fire and rescue authorities the power to:
- inspect buildings
- make the person responsible for fire safety in your building carry out a fire risk assessment or safety improvements (through an enforcement notice)
- make the person responsible for fire safety tell the fire and rescue authority about any changes to the building that may raise the risk of fire (through an alterations notice)
- force buildings (or parts of buildings) to close (through a prohibition notice)
Housing Act 2004
The Housing Act covers whole buildings rather than only the communal areas as above.
It gives local councils the power to inspect rental properties and enforce improvements (such as through an improvement notice), so building owners fix health and safety issues, and provide safe escape routes.
This legislation also introduced the Housing Health and Safety Rating System (HHSRS). The HHSRS is the main tool for assessing fire safety risk and regulating standards in all types of residential accommodation.
Legislation following the Grenfell Tower Inquiry
Recommendations from the Grenfell Tower Inquiry and further consultation by government led to new legislation to improve fire safety, compliance and enforcement, particularly in high-rise buildings.
The legislation includes:
- the Fire Safety (England) Regulations 2022 which put additional requirements on owners and managing agents to ensure fire safety in communal areas, including properly maintained fire doors and regular fire risk assessments, plus safety assessments for external walls, with more stringent rules for buildings over 18 metres
- the Building Safety Act 2022 which ensures better compliance in construction and maintenance of buildings, regular fire safety checks, and action on unsafe cladding with leaseholders in high-rise buildings protected from bearing the full cost of works
- The Fire Safety Act 2021 which clarifies the responsibilities of building owners and managing agents for fire safety in communal areas, with specific requirements for external walls and fire doors
More information you might find useful
- Who is responsible for carrying out a fire risk assessment?
- How often should a building have a fire risk assessment?
- Who pays for a fire risk assessment?
- Who enforces fire safety law?
- What are the leaseholder protections in the Building Safety Act 2022?
- More Frequently Asked Questions on fire safety
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