Fire Safety Act - addendum
Updated 18 September 2023
Applies to England and Wales
© Crown copyright 2023
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This guidance is issued by the Secretary of State in accordance with Article 50 of the Regulatory Reform (Fire Safety) Order 2005 (the FSO).
The Fire Safety Act clarifies the parts of a premises that apply under the Fire Safety Order (FSO).
The FSO applies to all non-domestic premises in England and Wales. These include multi-occupied residential buildings such as blocks of flats although individual flats are excluded.
Responsibility for complying with the FSO falls on the Responsible Person which may be the freeholder, management company or managing agent depending on local arrangements. Check if you are a Responsible Person using this self-assessment identification guide.
The new legislation clarifies that where a building contains 2 or more sets of domestic premises, the FSO applies to:
- the building’s structure and external walls (including windows, balconies, cladding, insulation and fixings) and any common parts
- all doors between domestic premises and common parts such as flat entrance doors (or any other relevant door)
The Fire Safety Act came into force on 16 May 2022. The act clarifies the Fire Safety Order to make it clear that Responsible Persons must consider these parts when conducting fire risk assessments. If you contract out this work, you must make sure that those engaged to complete the fire risk assessment include those elements detailed above, as you are responsible for complying with the FSO and liable for any necessary remediation.
As a Responsible Person you are responsible for overseeing the removal or reduction of fire hazards in your building and for implementing reasonable measures to ensure the safety of all residents, those employed to work in the building and visitors to the building.
Fire and rescue authorities can issue enforcement notices if they decide that Responsible Persons or Duty Holders have failed to comply with any provisions of the FSO. They can prosecute or serve alteration or prohibition notices if they identify that failing to comply with those provisions puts people at risk of death or injury from fire.
This guide has been issued under Article 50 of the Fire Safety Order.