The Fire Safety (England) Regulations 2022 (the Fire Safety Regulations) came into force on 23 January 2023 to implement most of the residential and commercial property recommendations made to the government in the Grenfell Tower Inquiry Phase 1 report. The Fire Safety Regulations introduce new duties under the Regulatory Reform (Fire Safety) Order 2005 for building owners or managers (responsible persons).
In the case of a block of flats or student accommodation, the responsible person will be the person who has control of the premises in connection with carrying on a business. This will usually be the block's freeholder, managing agents, or a residents' management company. If any part of the building is a workplace, for example, where part of the building is used for retail, the employer of persons working there will also be a responsible person.
The Fire Safety Regulations apply to all multi-occupied residential buildings in England with two or more domestic premises, including blocks of flats (including the residential parts of mixed-use buildings) and student accommodation. There are exceptions, including maisonettes which do not have any common parts through which the tenants would need to evacuate in the event of a fire, and hotels.
Different duties apply to buildings of differing heights. In all multi-occupied residential buildings, the Fire Safety Regulations require responsible persons to provide residents with the following:
In residential buildings over 11 metres in height, responsible persons will also be required (to undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common parts.
In high-rise residential buildings that are at least 18 metres in height or at least seven storeys, responsible persons will be required (in addition to the above) to:
The Fire Safety Regulations impose significant new obligations on those responsible for managing high-rise residential buildings. If you own, manage or operate from a building, you are likely to be a responsible person for the Fire Safety Regulations and should ensure that you have taken appropriate steps to comply with the new obligations.
If you have any more questions or would like more information regarding fire safety in high-rise buildings, you can contact our Commercial Property Solicitors below.
Joanne has over 20 years of experience acting as a Commercial Property solicitor. Joanne has specialist expertise in commercial property matters, including acquisitions and disposals of business premises, commercial leases (acting for both landlord and tenant) and secured lending.
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