Fire Safety Act

The Fire Safety Act 2021 received Royal Assent on 29 April 2021 and its key provisions for England commenced on 16 May 2022.

The Act amends the Regulatory Reform (Fire Safety) Order 2005 to clarify that, for buildings containing two or more sets of domestic premises, fire risk assessments must take account of the building’s structure, external walls, including cladding, balconies and other attachments, and flat entrance doors between domestic premises and common parts. It applies to qualifying multi-occupied residential buildings regardless of height and is not limited to higher-risk buildings.

Since commencement, responsible persons have been expected to ensure that these elements are considered within their fire risk assessments where they have not already been covered. The government has recognised that this wider scope can create practical pressures for building owners and fire risk assessors, particularly in relation to external wall systems, and has supported a risk-based approach to prioritising activity.

Government has produced the Fire Safety Act 2021 factsheet: Information on commencement of sections 1 and 3 of the Fire Safety Act which provides more detail on the implementation of the Fire Safety Act.

The Fire Safety Act now forms part of the wider post-Grenfell fire and building safety reform programme, alongside the Fire Safety (England) Regulations 2022 and subsequent changes made through the Building Safety Act 2022. Housing providers should continue to ensure that fire risk assessments, records and resident information reflect the clarified scope of the Fire Safety Order and any relevant duties introduced through later reforms.