Introduction

Effective from 1st October 2023, several amendments to the Fire Safety Order (FSO) have been enacted. Initiated by s.156 of the Building Safety Act 2002, the changes target enhancing fire safety across buildings governed by the FSO. While these amendments might seem minimal, they necessitate that Responsible Persons under the FSO be proactive to ensure full compliance with the law.

Background

In the aftermath of the tragic Grenfell fire and consequential inquiries, the UK Government has been progressively revising fire safety regulations. The FSO amendments, specifically pertinent to England and Wales, are a part of this movement, realised via the Fire Safety Act 2021 and Building Safety Act 2022.

What Do These Changes Mean?

The newly enforced laws pertain to all non-domestic premises such as workplaces, communal areas in multi-occupied residential buildings, among others. It does not cover individual domestic premises.

Responsible Persons must now adhere to the following stipulations:

  • Maintain a comprehensive record of their fire risk assessment.
  • Document the identity of the person or organisation responsible for undertaking or reviewing the fire risk assessment.
  • Identify and record the relevant details pertaining to managing fire safety arrangements in the premises.
  • Update and maintain contact details, including a UK based address, and disclosing details and co-operating with other organisations’ Responsible Persons who are in the same shared premises.
  • Upon departure from a building, share essential fire safety details with incoming Responsible Persons.

Implications

The main essence of the recent changes is the enhancement of collaboration among Responsible Persons. This collaboration may encompass other businesses, landlords, or managing agents, often playing crucial roles in a building’s safety.

A new obligation requires all involved parties to understand and record their roles and responsibilities, ensuring they are in synchrony with the overarching safety measures of the entire building. The Government underlines the importance of this being a written record, accessible when required.

Moreover, whenever there is a change in the Responsible Person – be it due to cessation of a business, acquisition, or property sale – the incoming party must be presented with all pertinent fire safety details.

Conclusion

The underlying intent of these revisions is a comprehensive, whole-building approach to fire safety. Ensuring that every stakeholder, from a single tenant to a managing agency, is aligned and informed is a significant step towards more robust fire safety measures in the UK.

For our clients, we recommend a review of your current fire safety risk assessment and practices to guarantee meeting the new regulations.

 

The BackupHR team would be pleased to advise you on any element of the issues arising from this newsletter.