Recommendations arising from the Grenfell Tower Inquiry to be introduced into law

Introduction

As part of the Government’s ongoing efforts to improve the building safety regime in respect of high-rise residential buildings and to implement the recommendations arising from the Grenfell Tower Inquiry, new legislation will be introduced next year that sees further duties placed upon those responsible for managing fire and structural safety in multi-occupancy residential buildings.

The Fire Safety (England) Regulations 2022

The Fire Safety (England) Regulations 2022 (the New Regulations) will come into force on 23 January 2023 and introduce a range of new duties to be placed on the “responsible person” in respect of multi-occupancy residential buildings. The New Regulations will be introduced under the Regulatory Reform (Fire Safety) Order 2005 (the 2005 Order) and apply within England only.

The 2022 Regulations will introduce the majority of the recommendations made in the Phase 1 report of the Grenfell Tower Inquiry. They will apply predominantly to high-rise residential buildings, which is defined within the New Regulations as any building containing two or more sets of domestic premises that is at least 18 metres above ground level or has at least seven storeys. This definition reflects the definition of “higher-risk building” as contained in the Building Safety Act 2022.

Who is the responsible person?

The “responsible person” is defined in the 2005 Order as the person who has control of the premises in connection with the carrying on of a business, or the owner where the person in control does not have control in connection with the carrying on of a business. As such, in respect of multi-occupancy residential properties, the responsible person is the entity in control of the premises, such as a management company, or the building owner.

What new duties and obligations are being introduced?

The New Regulations will require the following obligations to be met by all responsible persons for high-rise residential buildings:

1. Building Plans: provide the local Fire and Rescue Service with up-to-date electronic building floor plans and keep a hard copy of these plans in a secure information box on site, along with a single page building plan which identifies key fire-fighting equipment. The box must also contain the name and contact details of the responsible person(s);
2. External Wall Systems: provide the local Fire and Rescue Service with information about the design and materials of the building’s external wall system and any material changes to those walls. This information must include the level of risk that the design and materials of the external wall structure gives rise to and any mitigating steps taken;
3. Lifts and other Key Fire-Fighting Equipment: undertake monthly checks on the operation of lifts intended for use by firefighters, evacuation lifts and the functionality of other key pieces of fire-fighting equipment. The responsible person(s) must also report any defective lifts or equipment to their local Fire and Rescue Service as soon as possible after detection if the fault cannot be fixed within 24 hours; and
4. Wayfinding Signage: install signage visible in low light or smoky conditions that identifies flat and floor numbers in the stairwells of relevant buildings.

In addition, in all multi-occupancy residential buildings over 11 metres in height, responsible persons will be required to undertake annual checks of entrance doors to individual premises and quarterly checks of all fire doors in the common parts.

In all multi-occupancy residential buildings with two or more sets of domestic premises regardless of height, responsible persons will be required to provide relevant fire safety instructions to residents. This must include instructions on how to report a fire and any other instruction which sets out what a resident must do once a fire has occurred. The responsible person(s) must also provide residents with information relating to the importance of fire doors in fire safety.

Helpfully, the Government has issued practical guidance to support responsible persons with complying with the 2022 Regulations.

Comment

This suite of new obligations is part of the Government’s overall strategy to ensure that fire and structural safety is the top priority for the landlords and building managers of high-rise, multi-occupancy residential buildings. The obligations will complement the overarching safety regime that is being introduced by the Building Safety Act 2022. Please click here to see our range of helpful articles in respect of building and fire safety.

Further developments

We will be monitoring developments over the coming months. If you have any questions or would like any further information about how the changing building safety landscape may impact your business, please get in touch with our team below.