Introduction
From October 1st 2023, section 156 of the Building Safety Act 2022 introduces important amendments to the Regulatory Reform (Fire Safety) Order (RRO) of 2005 that will impact all Responsible Persons. These changes aim to enhance fire safety in non-domestic premises and multi-occupied residential buildings. (those with two or more dwelling units).
These changes are the latest in the UK governments building safety programme introduced following the Grenfell Fire disaster. The first two phases of these changes involved the introduction of the Fire Safety Act 2021 and the second came into effect in January of this year, 2023, in the form of the Fire Safety (England) Regulations.
Responsibilities of a ‘Responsible Person’
Documentation and Recording
Previously a Responsible Person was obligated to conduct a fire risk assessment in writing only if they employed five or more persons. This requirement has now been removed, and the wording has been modified. As of October 1st 2023, all Responsible Persons must document their fire risk assessment. This assessment record must include all findings, not just the significant ones. This comprises the assessments findings, including the measures taken or planned by the Responsible Person in accordance with the RRO as well as the identification of any group of persons identified by the assessment as being especially at risk.
Additionally, responsible persons must document their fire safety arrangements, which encompass the management of fire safety within their building, including written procedures and policies.
Assistance with the Risk Assessment
A new requirement has been added to the RRO (Article 9A) that introduces significant changes regarding who the Responsible Person may appoint to assist with the risk assessment.
- The Responsible Person is now required to appoint someone to assist with conducting or reviewing a risk assessment only if that person is deemed competent.
- ‘Competent’ is defined as having the necessary training, experience, knowledge, and other qualities to effectively assist in making or reviewing the risk assessment.
- If more than one person is appointed to assist with the risk assessment, the Responsible Person must ensure effective cooperation among them.
Responsible Persons must record the identity of individuals employed or contracted to conduct or review fire risk assessments, including their full name and organization name if applicable.
Fire Safety Arrangements
Under the RRO, the Responsible Person is obliged to establish and implement effective arrangements for planning, organizing, controlling, monitoring, and reviewing preventative and protective fire safety measures. These arrangements must be proportionate with the size and nature of the buildings and their internal processes.
Consequently, the Responsible Person must record, in sufficient detail, their processes for planning, organizing, controlling, monitoring, and reviewing preventative and protective measures. This will ensure that these tasks are executed correctly, but also provides a record for future reference or in the case of disputes or legal issues.
Cooperation and Coordination
All Responsible Persons must have a UK based address where they or a representative will accept notices and documentation, with contact information that is updated as needed. This information must be shared with other relevant Responsible Persons and residents in multi-occupied residential buildings.
Responsible Persons are required to identify and introduce themselves to other Responsible Persons within the same premises. This includes businesses or managing agents responsible for fire safety in their respective areas of control.
The RRO mandates Responsible Persons to collaborate in ensuring compliance with fire safety rules and prohibitions. This requirement includes coordinating compliance measures with other Responsible Persons and making all reasonable efforts to inform them of any potential risks to relevant individuals arising from their activities.
From October 2023, these duties are expanded to include the following: –
- Identification of Shared Responsibilities:
Responsible Persons are now obliged to take reasonable steps to determine if others share duties for the same premises. This means that if you oversee a property, you must make an effort to identify any co-responsible parties.
- Share Contact Information:
The Responsible Person must provide their name and a UK address to other Responsible Persons for the receipt of notices and documentation. Effective communication is key to ensuring all parties are informed and accountable.
- Defining Specific accountabilities:
Responsible Persons are required to inform others about the specific part of the premises for which they consider themselves accountable. This information must be documented, ensuring clarity regarding individual responsibilities for the property.
When responsible persons change, departing individuals must take steps to share all relevant fire safety information with incoming responsible persons to maintain a continuous chain of fire safety information for the building’s lifespan.
Higher-Risk Buildings
The legislation includes particular responsibilities for Responsible Persons in premises containing residential units in high-risk buildings, these are: –
- Identifying Accountable Persons, Responsible Persons must take reasonably practicable steps to identify Accountable Persons for the premises. Accountable Persons have specific duties under the Building Safety Act 2022, relating to the building’s safety.
- Collaborative Efforts, If Accountable Persons are identified, Responsible Persons must cooperate with them. This cooperation is crucial for Accountable Persons to fulfill their Building Safety Act Obligations. Effective collaboration is vital to ensure the safety of the building.
For Responsible Persons in high-risk buildings, cooperation with the Accountable Person’s is crucial. An Accountable Person, a new legal entity under the Building Safety Act of 2022, is responsible for lease-hold repairs or maintenance. High-risk buildings are those of at least 18 meters in height, or with at least seven stories, and containing at least two residential units.
These terms are defined in the Building Safety Act 2022, with a high-risk building being a specific type of building in England. It must meet certain height and residential unit criteria.
Information Sharing
Responsible persons in multi-occupied residential buildings must provide residents with an expanded list of “relevant fire safety matters”. These include: –
- Instructions on reporting fires
- Reminders of the evacuation strategy
- Instructions for residents in case of fire
- Identified fire risks
- Preventative measures
- The Responsible Person’s name and UK address
- Information about those assisting with the fire risk assessment.
Offences and Penalties
Recent amendments to the legislation bring notable changes to the penalties that can be applied, with some carrying unlimited fines, removing previous maximum limits. These penalties are extended to cover the new duties introduced by the amended regulations.
In addition to the above changes, the Building Safety Act introduces higher fines for specific offences, including intentional impersonation of an inspector, failure to comply with Inspector imposed requirements (e.g. providing a copy of the fire risk assessment), and non-compliance with requirements related to luminous tube signs. After October 1st 2023 unlimited fines may be imposed for these offences. Moreover, section 156 of the building safety act elevates the significance of all article 50 guidance, allowing courts to consider compliance with this guidance when determining fire safety order breaches.