Fire Safety Bill: Law Implementation Date

The Fire Safety Bill, which clarifies where responsibility for fire safety lies in multi-occupied buildings in England and Wales, became law on 29 April 2021. The bill amends the Fire Safety Order 2005 and is part of a collection of new legislation that aims to tackle the recommendations within the Grenfell Tower Inquiry.

The Fire Safety Bill clarifies responsibility for fire safety in multi-occupied buildings

The Fire Safety Act 2021, which received Royal Assent on 29 April 2021 and came into force on 16 May 2022, clarifies the responsibilities of designated Responsible Persons (RPs) for fire safety in multi-occupied residential buildings. The Act amends the Regulatory Reform (Fire Safety) Order 2005, which previously designated those in control of premises as the responsible person for fire safety and managing risks.

The Fire Safety Act 2021 clarifies that RPs for multi-occupied residential buildings must manage and reduce the risk of fire for the structure and external walls of the building, including cladding, balconies, windows, and entrance doors to individual flats that open into common parts. This applies to any building containing two or more sets of domestic premises, such as a block of flats, and is estimated to include approximately 1.7 million residential properties in England and Wales.

The Act also provides clarity on the areas of a multi-occupied residential building to which the Fire Safety Order applies. It specifies that the Order applies to the building's structure, external walls, and any common parts, including the front doors of residential areas. It further clarifies that references to external walls in the Order include "doors or windows in those walls" and "anything attached to the exterior of those walls (including balconies)".

The Fire Safety Act 2021 is a significant development in fire safety legislation, particularly following the Grenfell Tower fire in 2017. It marks a new era of accountability and provides clarity on the responsibilities of building owners and managers in ensuring fire safety in multi-occupied residential buildings. The Act empowers fire and rescue services to take enforcement action and hold building owners accountable for non-compliance.

To assist RPs in understanding and complying with their obligations, a Fire Risk Assessment Prioritisation Tool (FRAPT) has been made available. This online tool helps RPs develop a strategy to prioritise their buildings for reviewing their fire risk assessments and ensuring they address the clarifications outlined in the Act.

The Bill amends the Fire Safety Order 2005

The Fire Safety Bill 2021 amends the Regulatory Reform (Fire Safety) Order 2005, which is also known as the Fire Safety Order. The 2005 Order applies to all non-domestic premises, including communal areas of residential buildings with multiple homes. It designates those in control of premises as the responsible person for fire safety, who must undertake assessments and manage risks.

The Bill clarifies that for buildings with two or more sets of domestic premises, the Order applies to the building's structure, external walls, and common parts, including front doors and balconies. This means that building owners or managers in multi-occupied buildings must assess the risk of fire and take precautions to reduce the risk of fire spreading. Fire and Rescue Authorities are then able to hold these individuals to account.

The Bill also provides that references to external walls in the Order include 'doors or windows in those walls' and 'anything attached to the exterior of those walls'. These amendments aim to increase enforcement action, particularly where remediation of aluminium composite material (ACM) cladding is not taking place.

The Fire Safety Bill also gives English and Welsh Ministers the power to amend the types of buildings the Order applies to in the future.

The Bill applies to England and Wales

The Fire Safety Bill, which became law on 29 April 2021, applies to England and Wales. It amends the Regulatory Reform (Fire Safety) Order 2005, which is separate legislation from that in place in Scotland and Northern Ireland. Fire Safety is devolved in Wales, but the Bill amends the shared legislation, with the same delegated powers applying to English and Welsh Ministers.

The Bill clarifies that the Regulatory Reform (Fire Safety) Order 2005 applies to the structure, external walls, and flat entrance doors of buildings with two or more sets of domestic premises. It also provides that references to external walls in the Order include "doors or windows in those walls" and "anything attached to the exterior of those walls (including balconies)".

The Fire Safety Act 2021 closes a loophole in the Regulatory Reform (Fire Safety) Order 2005, which overlooked the need for the external walls of a building and the fire doors to individual flats to be assessed as part of a fire risk assessment. From now on, in England and Wales, the 'Responsible Person' has a legal responsibility to commission a fire risk assessment that includes the external walls and fire doors.

The Bill also introduces the concept of 'risk-based guidance' to support a proportionate approach towards assessing the structure, external walls, and flat entrance doors in buildings with two or more domestic premises. Building owners or managers can demonstrate compliance with the risk-based guidance to indicate that the Fire Safety Order has not been breached.

The Bill received Royal Assent on 29 April 2021

The Fire Safety Bill received Royal Assent on 29 April 2021, becoming the Fire Safety Act 2021. This was four years after the Grenfell Tower tragedy, in which unsafe cladding was a contributing factor. The Bill's passage into law was significant because it clarified where responsibility for fire safety lies in multi-occupied buildings in England and Wales.

The Bill amends the Regulatory Reform (Fire Safety) Order 2005, which brought together different pieces of fire legislation. The 2005 Order designates those in control of premises as the responsible person for fire safety and managing risks. The Fire Safety Bill makes it clear that this responsibility extends to the building's structure and external walls, including doors and windows, and any common parts such as the front doors of residential areas.

The Bill's progress through Parliament was marked by several rounds of votes, as the House of Lords and some MPs tabled amendments to ensure leaseholders would not have to pay for required safety works. However, the Bill ultimately passed without amendments to protect leaseholders from the costs of building safety work.

The British Safety Council, which had campaigned for leaseholder protection from remediation costs, expressed disappointment that the Act did not address this issue. They argued that the Government should meet all upfront costs for removing unsafe cladding and then recoup this money from property developers. Despite this omission, the Act represents a significant step towards ensuring fire safety in multi-occupied residential buildings.

The Bill does not protect leaseholders from the cost of building safety work

The Fire Safety Bill, which became law in 2021, clarifies where the responsibility for fire safety lies in multi-occupied buildings in England and Wales. However, it does not protect leaseholders from the cost of building safety work. While the Bill aims to hold building owners or managers accountable for fire safety and risk management, leaseholders may still bear the financial burden of any additional checks and costs.

During the Bill's progression through the House of Commons and the House of Lords, several amendments were proposed to protect leaseholders from remediation costs. These amendments, known as the 'McPartland Smith' amendments, aimed to address the ongoing concern about the cost to leaseholders of cladding removal from high-rise residential buildings. Despite these efforts, the final version of the Bill did not include protections for leaseholders from remediation costs.

The absence of explicit protections in the Fire Safety Bill has significant implications for leaseholders. They may be required to pay for safety work, which can be costly and burdensome. This issue has been a point of contention and has led to debates and amendments in the House of Commons and the House of Lords.

While the Fire Safety Bill does not directly address leaseholder protection from costs, subsequent legislation and amendments have been introduced to mitigate this issue. The Building Safety Bill, which is expected to become law, includes complex amendments that aim to create a statutory waterfall system to determine financial responsibility for remediation work. This system aims to make leaseholders the last resort for payment, with developers, cladding manufacturers, and freeholders contributing first.

Additionally, the government has announced protections for leaseholders, guaranteeing that they will not bear the cost of removing dangerous cladding from medium or high-rise buildings. These protections have been enshrined in law through amendments to the Building Safety Bill.

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