Fire safety laws have a history rooted in tragedy. Time and again, devastating events have highlighted gaps in safety measures, prompting legislative change to prevent further loss of life.

The Great Fire of London in 1666 led to the Rebuilding Act 1667, mandating fire-resistant materials like brick and stone to replace timber-framed structures that fuelled the fire.

The Bradford City Stadium Fire in 1985 resulted in 56 deaths and over 265 injuries, many deaths caused by locked turnstiles. This tragedy gave rise to the Fire Safety and Safety of Places of Sports Act 1987, which introduced stricter safety standards for sports stadia.

What does this tells us?

It tells us that tragedy happens, and then the law changes… not the other way round…

A Changing Fire Safety Landscape

Fire safety laws in the UK have evolved significantly over the years, with the Regulatory Reform (Fire Safety) Order 2005 (FSO) marking a major shift. This legislation transferred responsibility for fire safety from enforcing authorities to business owners, requiring them to manage and document fire safety risks.

While this approach aimed to empower businesses, it also led to confusion around responsibility and enforcement.

This became overwhelmingly apparent following the Grenfell tower fire in 2017 where 72 people lost their lives.

In the inquiries that followed the gaps became apparent and in response, the Fire Safety Act 2021 was introduced to clarify the FSO’s scope. Key amendments included:

• External walls and flat front doors being part of common areas requiring assessment.
• Expanding the FSO to apply to buildings with “two or more sets of domestic premises,”.

These changes brought many residential properties previously outside the FSO’s scope into the frame. However, the interpretation of these amendments remains debated within the fire safety industry.

In the absence of clarity on the interpretation of the law, we should exercise caution.

The Impact of the Building Safety Act 2022

The Building Safety Act 2022 is a substantial legislative document, at 333 pages, which introduced sweeping reforms to building safety standards, with implications for all buildings, not just high-rise residential properties. One of its significant amendments was Section 156, which altered the FSO.

These alterations include:

• Ensuring Fire Risk Assessors are competent and a framework for understanding what competency means (still to be amended).
• Mandated information sharing with residents about fire risks, safety measures and contact information.
• The removal of limitations on where documented Fire Risk Assessments are required.

As of October 2023, every applicable premises under Article 6 of the FSO—regardless of size or complexity—must have considered fire risks and documented them in a Fire Risk Assessment.

What Conveyancers Need to Know

For conveyancers, these legislative changes create a need at understanding the fire safety requirements applicable to residential properties. Key points include:

• Fire Risk Assessments: While flat owners can conduct assessments themselves in simple premises if they are competent, many still opt for professional assessments.
• Relevant Fire Safety Matters: Under Article 21A of the FSO, responsible persons must provide residents with information about fire safety risks and preventive measures. This record is the minimum conveyancers should expect to see during a property sale.

It’s not a conveyancer’s role to scrutinise Fire Risk Assessments, but doubts about their suitability should prompt consultation with a fire safety expert.

Below are examples for each clause under Article 21A of the Fire Safety Order to guide Conveyancers.

21A(3)(a): The risks to residents of the domestic premises identified by the risk assessment

Example:

The risk assessment identifies combustible cladding and the lack of a functioning fire detection system in common areas.

21A(3)(b): The preventive and protective measures

Example:

Preventive measures include arrangements for the removal of combustible cladding and combustible items. Protective measures involve installing/upgrading fire detection and alarm system in the common areas.

21A(3)(c): The name of the responsible person and an address in the United Kingdom at which the responsible person, or someone acting on their behalf, will accept notices and other documents

Example:

The responsible person is Mr. John Smith, Property Manager for XYZ Housing Association. Documents and notices can be sent to XYZ Housing Association, 123 High Street, London, W1A 1AA.

21A(3)(d): The identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9

Example:

The responsible person has appointed Fire Safety & Compliance Ltd to carry out the fire risk assessment. The assessor’s contact is Ms. Jane Doe, Senior Fire Risk Assessor, reachable at 456 Safety Avenue, Bristol, BS1 2AB.

21A(3)(e): The identity of any persons nominated by the responsible person under article 13(3)(b)

Example:

The responsible person has nominated Mr. Mark Brown, the building caretaker, to assist with the operation of the fire alarm system and the monthly testing of emergency lighting. Fire & Security Corp. are commissioned to service and maintain the same systems at suitable intervals.

21A(3)(f): Any risks of which the responsible person has been informed under article 22(1)(c)

Example:

The responsible person has been informed by a neighbouring property owner of a defective party wall that could allow fire to spread between the premises. This risk has been documented, and remediation is being coordinated.

The Importance of Compliance

Fire safety laws, often referred to as “tombstone legislation,” evolve to prevent future tragedies. Understanding these changes ensures conveyancers can better advise clients, ultimately helping to create safer living environments.

At Fire Safety & Compliance Ltd, we specialise in navigating these complexities. Whether through consultations, Fire Risk Assessments, or compliance strategies, we’re here to support your journey to safer practices.

For more information, contact us today.