Fire Safety Act 2021. A concise guide.
April 14, 2025
The Fire Safety Act gained royal assent on 29 April 2021, and commenced in May 2022, to amend the Regulatory Reform (Fire Safety) Order 2005 in England and Wales. This act was designed to improve fire safety in multiple occupancy domestic premises following the Grenfell Tower Tragedy of 2017.
The key points of the Fire Safety Act
- The Fire Safety Act 2021 clarifies the scope of the Fire Safety Order (FSO), making it clear that it applies to the structure, external walls (including cladding and balconies), individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building. If you are a Responsible Person, you must consider these parts when conducting fire risk assessments.
- It mandates that the Responsible Person conduct a fire risk assessment, reviewing and updating the assessment as needed while accounting for the new obligations outlined in the act.
- It makes the Responsible Person legally obligated to take action to lessen or eliminate the risks noted in the fire risk assessment.
- It enables the Fire and Rescue Service to impose penalties for noncompliance regarding the external walls and each entrance that opens onto the shared areas of the premises.
The importance of regular fire risk assessments
Regular fire risk assessments are essential for safeguarding lives, assets, and businesses.
By conducting fire risk assessments, businesses demonstrate their commitment to fire safety, to compliance with regulations, and to minimise risk to life and potential damages to property.
Completing Fire Risk Assessments (FRAs) on time is of utmost importance and cannot be delayed, even by a single day. It is a legal obligation to ensure a safe environment for residents, visitors, and other stakeholders to a managed property.
The Fire Safety (England) Regulations; Regulatory Reform (Fire Safety) Order and Health and Safety at Work Act; all require timely completion of FRA actions. These assessments are crucial for identifying fire hazards, implementing preventive measures, and ensuring the safety of all stakeholders.
Fire Risk Assessments also form a vital part of the Safety Case Report for 18m+ (7 storey) high-rise blocks as per the Building Safety Act 2022.
Who is a Responsible Person (RP)?
They are the person in control of the premises, whether as an employer for a workplace, or the owner of the premises.
There are other duty holders who have the same duties as RPs, depending on the extent of their control over the premises. Under Article 9 of the FSO, RPs have a duty to complete a suitable and sufficient fire risk assessment of their premises. RPs may use Fire Risk Assessors, who are professionals who can assist the RP them in making or reviewing a fire risk assessment.
What are the consequences of non-compliance?
The penalties for failing to comply with fire safety legislation can be severe. They can range from criminal charges, potentially unlimited fines, imprisonment for the most severe offences, and formal notices that require action to improve fire safety standards, and even compulsory remedial work where necessary.
There can also be significant reputational and operational impact from non-compliance. This can lead to loss of trust among tenants and residents.
Insurance providers may also increase premiums, or even refuse to provide cover, for buildings that do not meet fire safety standards. This can significantly increase operational costs for property owners.
A property that fails to meet safety standards can also decrease in value, due to garnering a reputation for being unsafe.
Failure to comply with the Fire Safety Act can pose a significant risk to life. This has human costs as well as severe financial implications from potential lawsuits and the cost of rebuilding if a property is damaged.
Engaging proactively with building and fire safety regulations is about more than just legal compliance; it is about ensuring the safety and security of everyone involved with the property.
Full details of the Fire Safety Act 2021 can be found online.
Premier Estates provide award-winning property management services across the UK. Please call 0345 491 8899 to speak to one of our team about managing your property.
Disclaimer: This information is for informative purposes only and does not represent legal advice. Premier Estates Limited will not be held responsible for any misinterpretation of this article as legal guidance.
Sources:
- https://www.gov.uk/government/publications/fire-safety-act-2021
- https://fireology.co.uk/the-fire-safety-act-2021-explained/
- https://www.legislation.gov.uk/uksi/2005/1541/contents
- https://t2fire.co.uk/blog/your-guide-to-the-fire-safety-act-2021/
- https://ww3.rics.org/uk/en/journals/built-environment-journal/what-the-fire-safety-act-means-in-practice-.html
- https://assets.publishing.service.gov.uk/media/651567fe7c2c4a001395e180/14.310_HO_How_To_Guide_FINAL_RX_v04_.pdf
- https://www.gov.uk/government/publications/responsible-persons-in-england-changes-in-fire-safety-legislation/responsible-persons-in-england-changes-in-fire-safety-legislation
- https://premierestates.sharepoint.com/sites/RiskManagementHub/SitePages/Fire-Risk-Assessment-Completion.aspx
