The Fire Safety Act 2021 drawn up by the Government to prevent further tragedies like The Grenfell Tower goes some way to clarifying the role of the Responsible Person in managing fire safety. If you are responsible for enforcing fire safety in your buildings please be aware of your responsibilities and make sure you are keeping your tenants safe?
So, who is the “Responsible Person”? its more important than you can imagine.
You are the Responsible Person for fire safety if you are deemed to have control of the premises. For example, if you are the following.
- An Employer
- The Owner of the building
- The Landlord of the building
- A Facilities manager, building manager, managing agent, risk assessor or anyone else with control of the premises.
New duties of the Responsible Person came into force in October 2023 under Section 156 of the Building Safety Act. Our free Guide to Section 156 of the Building Safety Act 2022 will highlight all the changes you must be aware of, helping you understand all the new requirements and how you can keep your buildings safe and compliant.
Revisions to the RRO 2005 The Fire Safety Act 2021 revises the Regulatory Reform (Fire Safety) Order 2005 and clarifies responsibility for managing and reducing fire risk in multi-occupied residential buildings. It permits fire services to take enforcement action and hold building owners accountable if they are not compliant.
The consequences of being unsure of compliance responsibilities can be severe. However in our experience organisations are still uncertain of the responsibilities that legislation places upon them, particularly considering the many recent legislative changes.
The Regulatory Reform (Fire Safety) Order 2005 is the main piece of legislation governing fire safety in buildings in England and Wales. On 1st October 2023, updates to secondary legislation came into force under Section 156 of the Building Safety Act 2022, strengthening fire safety regulations by improving cooperation and coordination between Responsible Persons.
The new Fire Safety (England) Regulations 2022 came into force on 23rd January 2023, and brought with them new obligations and duties for Responsible Persons under article 24 of the Regulatory Reform (Fire Safety) Order 2005 . For more information on these obligations so what are some of the key issues in the Fire Safety Act 2021 and what part does the Responsible Person play
Importantly, the Fire Safety Act makes prosecution against a Responsible Person easier. All business and commercial buildings will be required to have a ‘Responsible Person’
In residential properties, you are the Responsible Person if you own the building (only concerning the non-domestic parts) or you have control over the premises. If you run a company, it is a family-owned business or you are self-employed, you may also be the Responsible Person.
The Fire Safety Act affects multi-occupied, residential buildings – premises that consist of anything other than a single dwelling. For example both a high-rise building with many apartments and a house renovated into two flats, require a risk assessment and adequate fire safety measures.
The Responsible Person either on their own or with any other Responsible Person, needs to examine and renew the risk assessment processes. They must guarantee a Fire Risk Assessment is completed (including the structure and the external walls as well as door, window, and attachments such as cladding, insulation and balconies) Action must be taken to remove or negate the risks identified.
From a landlord as well as a fire risk assessor is if you unsure of who is the responsible person is to find out who it is and if it should turn out to be yourself please make sure you have a dedicated fire risk assessment in place to reduced risk and avoid prosecution.
