The Fire Safety Act 2021 Explained

The Fire Safety Act 2021 aims to enhance the protection of residents within England and Wales by clarifying and expanding the responsibilities laid out in The Regulatory Reform (Fire Safety) Order 2005. 

So, what does this Act mean for those who oversee fire safety in buildings? 

At SFG20, the recognised UK industry standard for building maintenance specification, our number one priority is building safety and empowering people to understand their legal duties. 

Below, we’ll be outlining all of the key points of The Fire Safety Act 2021 to be aware of, including who and what it applies to, the duties of the Responsible Person, and what to do if your premises are in other UK regions not covered by the Fire Safety Act 2021.  

What Is The Fire Safety Act 2021?  

The Fire Safety Act 2021 received Royal Assent on April 29, 2021, and came into force in England and Wales on May 16, 2022.  

It amends the Regulatory Reform (Fire Safety) Order 2005 (also referred to as FSO or the RRO) which applies to all premises including workplaces and the common parts of all multi-occupied residential buildings. 

The aim of The Fire Safety Act 2021 is to clarify the RRO’s scope and enhance fire safety measures where a building contains two or more sets of domestic premises.  

Most importantly, it extends the obligations of “Responsible Persons”.  

The Act clarifies that, in buildings with two or more sets of domestic premises, the Fire Safety Order applies to the following elements of a building: 

• The structure and external walls including cladding, balconies and windows 

• All doors between the domestic premises and the common parts (e.g. entrance doors to individual flats which open onto common parts) 
  

The Fire Safety Act 2021 also empowers fire and rescue services to take enforcement action against those who fail to comply with these regulations, with the ramifications of this including reputational damage and severe fines.  

Further regulations relating to fire safety in buildings came into force on the 1st of October 2023. 

These regulations saw revisions to Section 156 of the Building Safety Act 2022 and included several amendments to the FSO to improve fire safety in all buildings regulated by the Order. 

The improvements form Phase 3 of the Home Office’s fire safety reform programme, building on Phase 1 (the Fire Safety Act 2021) and Phase 2 (the Fire Safety (England) Regulations 2022). 

The aim of these latest revisions is to further strengthen fire safety in all FSO-regulated premises by:

• Improving cooperation and coordination between Responsible Persons (RPs). 

• Increasing requirements in relation to the recording and sharing of fire safety information to create a continual record throughout a building’s lifespan 

• Making it easier for enforcement authorities to take action against non-compliance 

• Ensuring residents have access to comprehensive information about fire safety in their building.
  

The Home Office have published guidance to support Responsible Persons within England in complying with their new duties under the Fire Safety (England) Regulation 2022. 

GOV.UK have published three new fire safety guides for small non-domestic premises, small blocks of flats and for small paying guest accommodation. 

What Buildings Does the Fire Safety Act 2021 Apply To?

The Fire Safety Act 2021 applies to all multi-occupied residential buildings (two or more sets of domestic premises) regardless of height in England and Wales.  

The Act is purely focused on buildings that could be defined as homes or dwellings.  

It explains why the Building Safety Act (BSA) changed its terminology from High-Rise Residential Buildings post consultation to High-Risk Buildings which contain two residential units.   

The BSA has a much wider remit because the term “residential units” includes dwelling or any other unit of living accommodation (S115 BSA22).   

Domestic premises are defined within the RRO as premises occupied as a private dwelling, including any garden, yard, garage, outhouse, or other premises which are not used in common by the occupants of more than one such dwelling.  

Who Does The Fire Safety Act 2021 Apply To? 

The Act makes it clear that the Responsible Person (the person in control of the premises) for buildings with two or more sets of domestic premises must ensure that fire risk assessments cover not just the interior of the building, but also the structure and external walls and doors.  

This is a crucial step in addressing the gaps that were highlighted by tragedies like the Grenfell Tower fire in 2017.   

The Act urges responsible persons to regularly review the fire risk assessment of their building(s) and to review and update their fire risk assessments to take into account the changes. 

Who Is A Responsible Person In Relation To The Fire Safety Act 2021?

You will have legal obligations under the Fire Safety Act 2021 if you are recognised as the Responsible Person.  

You are deemed as the Responsible Person if you are either: 

• The owner of a building.

• The landlord of a building.

• A facilities manager, building manager, managing agent, risk assessor or anyone else with control of the premises.
  
  

If there is more than one responsible person, you must work together to meet your responsibilities.

In residential properties, you are the RP if you either: 

• Own the building (only concerning the non-domestic parts).

• Have control over the premises.
  

What Are The Duties Of A Responsible Person In Relation To The Fire Safety Act 2021?

Responsible Persons are required to regularly undertake fire risk assessments covering the building’s structure, external walls (including cladding and balconies), individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building. 

Where the building is more complex, a Responsible Person can engage the services of a consultant of another third party (a fire risk assessor) to carry out the Risk Assessment. However, the Responsible Person must confirm that they are competent to carry out the work and record their identity.  

The Fire Sector Federation offers publicly available guidance on how to select a component fire risk assessor. 

What If My Premises Are In Other Regions Of The UK Not Covered By The Fire Safety Act 2021? 

Care needs to be taken if you are moving between regions within the UK as the legal meaning of certain expressions can be different.   

For instance, a domestic premises in Scotland is referred to as an individual dwelling.   

A House of Multiple Occupancy (HMO) is required to be licensed under Part 5 of the House (Scotland) Act 2006 and does not fall within the definition of domestic premises.   

Therefore, the Scottish Government divide their guidance into non-domestic Fire Safety and Home Fire Safety. Fire safety duties for the majority of non-domestic premises in Scotland are set out in the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006.  

Fire safety guidance documents cover various premises including non-residential premises, premises with sleeping accommodation, care homes, specialised housing and high-rise domestic buildings.  

These documents are guidance only and are not a legal requirement, however they do provide practical fire safety advice on how to prevent fires and reduce the risks from fires, focusing on the preservation of life rather than the protection of property. 

In Northern Ireland, non-domestic premises are covered by Part III of the Fire and Rescue Services (Northern Ireland) Order 2006 and reinforced by the Fire Safety Regulations (Northern Ireland) 2010.  

However, in the current set-up for a devolved government, there is significant fragmentation in the management arrangements for fire safety. 

In response to Grenfell, the government have produced a roadmap to outline the future role of the newly formed Residential Building Safety Division. This will help to develop, implement and maintain a building safety system for High-Rise Residential Buildings. 

Meet The Demands Of The Fire Safety Act 2021 

The Fire Safety Act 2021 was put into place to enhance fire safety in multi-occupied residential buildings and prevent the loss of life. 

Responsible Persons must familiarise themselves with the new requirements and ensure their properties comply with the updated regulations, including carrying out fire risk assessments to identify, record and eliminate any danger.    

SFG20's mission is to make buildings safer, and we know that you can't afford to slip up on fire safety.

That's why we've created our free-to-download Fire Safety Act 2021 flowchart to help you determine if you are the Responsible Person.

Once you have completed the flowchart, ensure to refer to our accompanying The Fire Safety Act 2021 checklist for further clarity and reassurance on how to fulfil your obligations in accordance with the Act. 

Fulfil Your Fire Safety Duties