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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Fire Safety (England) Regulations 2022 are a set of regulations that impose new duties on responsible persons, such as building owners and managers, for fire safety in high-rise residential buildings. The regulations are made under the Fire Safety Order 2005 and implement the majority of the recommendations made by the Grenfell Tower Inquiry in its Phase1 report.
The purpose of the regulations is to mitigate the risk of fire spread and protect the lives of residents in high-rise residential buildings. The regulations apply to buildings in England that contain two or more sets of domestic premises and have a floor above ground level that is more than 18 metres high or more than six storeys high.
The requirements of the regulations include:
· Providing a secure information box that contains key information about the building and its fire safety measures.
· Ensuring that the design and materials of the external walls comply with the relevant building regulations and do not pose a risk of fire spread.
· Providing floor plans and a building plan that show the layout and fire safety features of the building.
· Conducting regular checks and inspections of fire doors, lifts, evacuation plans, fire alarms and other fire safety systems.
· Recording and reporting any defects or failures in the fire safety measures and taking remedial action as soon as possible.
· The regulations came into force on 24 July 2023and are enforced by the fire and rescue authorities.
The evidence requirements of the Fire Safety (England)Regulations 2022 are the records and documents that the responsible persons must keep and provide to demonstrate compliance with their fire safety duties. The evidence requirements vary depending on the type and level of risk of the building, but some common examples are:
· A fire risk assessment that covers the structure, external walls and flat entrance doors of the building, as well as the common parts.
· A fire safety strategy that sets out the fire safety objectives, principles and measures for the building.
· A fire safety case that provides a detailed analysis and justification of the fire safety strategy and its implementation.
· A fire safety logbook that records the dates and outcomes of all fire safety checks, inspections, tests, maintenance and repairs.
· A fire safety certificate that confirms that the external wall system meets the relevant building regulations and does not pose a risk of fire spread.
· A fire door certificate that confirms that the fire doors, including flat entrance doors, meet the relevant standards and are in efficient working order and good repair.
The responsible persons must keep these records and documents up to date and available for inspection by the fire and rescue authorities or any other relevant person. They must also provide copies of these records and documents to any person who has a legitimate interest in the fire safety of the building, such as residents, leaseholders or prospective buyers.
The Fire Safety (England) Regulations 2022 do not have any general exemptions, but they do provide some specific exceptions or relaxations for certain situations or premises. Some examples are:
· Buildings that are less than 18 metres high or less than six storeys high are not subject to the regulations, unless they are deemed to be high-risk by the fire and rescue authorities.
· Buildings that have been assessed by a competent person and found to have no significant fire risk of concern based on external inspection may be exempt from further investigations for external wall surfaces and EWS1Form.
· Buildings that are occupied by the Crown or the armed forces are exempt from the regulations, unless they are used as domestic premises by persons other than members of the armed forces or their families.
· Buildings that are part of the parliamentary estate are exempt from the regulations, unless they are used as domestic premises by persons other than members of parliament or their staff.
· Buildings that are subject to other fire safety legislation, such as care homes, hospitals, schools or prisons, may have some of their fire safety duties relaxed or modified by the fire and rescue authorities, depending on the level of risk and the existing fire safety measures.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.
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