Jurisdiction: England
Commencement: 16th May 2022
Amends: Fire Safety Act 2021
The Fire Safety Act 2021 makes changes to The Regulatory Reform (Fire Safety) Order 2005, bringing buildings which contain two or more sets of domestic premises into scope (domestic premises were previously exempted). This means the building’s structure, external walls and any common parts in these types of premises will now be subject to the requirements of the Order, which are already in place for non-domestic premises (such as factories or offices).
The Act gives the Government power to change premises to which the Order applies in future (this is expected as further changes to fire safety legislation follow the completion of the Grenfell fire inquiry). It also amends risk based guidance about the discharge of duties under the Order.
Premises to which the Fire Safety Order applies
Where a building contain two or more sets of domestic premises, the Order will apply to:
- the building’s structure and external walls and any common parts;
- all doors between the domestic premises and common parts;
- doors or windows in external walls; and
- anything attached to the exterior of walls (including cladding and balconies).
Power to change premises to which the Fire Safety Order applies
In England, the Secretary of State is given the power to make changes, or to clarify the premises the Order applies to, through further Regulations. In Wales, this power is give to the Welsh Ministers. In both cases, they must carry out a consultation beforehand.
There are no additional duties for business under this Act
Buildings which contain two or more sets of domestic premises will now be subject to the requirements of The Regulatory Reform (Fire Safety) Order, which are already in place for non-domestic premises. These include a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe, and a duty to carry out a risk assessment. It also brings the owners and managers into scope of enforcement powers for non-compliance with the legislation.
Changes to risk based guidance about the discharge of duties under the Fire Safety Order
Guidance in the Order (Article 50) is amended so that in legal proceedings, where it is alleged someone has contravened Articles 8 to 22 of the Order:
- proof of a failure to comply with any applicable risk based guidance may be relied on as tending to establish that there was such a contravention, and
- proof of compliance with any applicable risk based guidance may be relied on as tending to establish that there was no such contravention.
Article 50 is also amended to require the Secretary of State to carry out a consultation before revising or withdrawing any risk based guidance in relation to relevant buildings.
The following two definitions are also added to the guidance:
Relevant building – a building in England containing two or more sets of domestic premises.
Risk based guidance – guidance about how a person who is subject to the duties in the guidance in relation to more than one set of premises is to prioritise the discharge of those duties in respect of the different premises by reference to risk.
Amendment
These Regulations bring into force Section 1 (Premises to which the Fire Safety Order applies) of the Fire Safety Act 2021. Where a building contains two or more sets of domestic premises, The Regulatory Reform (Fire Safety) Order 2005* will apply to:
- the building’s structure and external walls and any common parts;
- all doors between the domestic premises and common parts;
- doors or windows in external walls; and
- anything attached to the exterior of walls (including cladding and balconies).
*The Regulatory Reform (Fire Safety) Order 2005 places duties on employers and any person in control of business premises (‘responsible person’) to manage fire safety in those premises. The Fire Safety Act brought domestic premises into the scope of the Regulatory Reform (Fire Safety) Order 2005.
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