The New Fire Safety Regulations Landlords Need to Know
Published on January 31, 2023 by Sarah Mac
On Monday 23rd January, the Fire Safety (England) Regulations 2022 came into force. Landlords are being urged to ensure their properties are compliant, so as not to face penalties.
The new regulations were introduced following the tragic fire at Grenfell in 2017. Landlords who are the ‘responsible person’ of a building over 11 metres in height, or a house in multiple occupation (HMO) that is let on a room-only basis, must provide their tenants with more information on fire safety, including information on fire door safety and evacuation routes.
The Fire Safety (England) Regulations 2022 apply to buildings where the property is split into at least two premises, and where there are communal parts through which residents must pass to leave the building. They also apply to the common parts of properties where there is a retail unit on one floor, and residential accommodation above.
Where an entire property is let on a joint tenancy basis, the new regulations will not apply. However, the information that landlords are required to provide to tenants is very useful and could save lives, so it could be a wise move to provide it in any case.
What are the changes being introduced with the Fire Safety Regulations 2022?
Landlords are already required to comply with the Regulatory Reform (Fire Safety) Order 2005. The new regulations add the role of the ‘responsible person’, who must provide fire safety instructions to tenants and other occupants.
The responsible person is responsible for the safety of the building. This is basically whoever has control over the communal parts of the property. For example, in a block of flats, this will usually be the freeholder. Where the property is rented on a room-only basis, the landlord will be the responsible person, or it may fall to the managing agent, in other words, whoever has control over the common parts between the rooms.
What information must be provided to occupants?
The responsible person must display fire safety instructions prominently in communal areas. These must include:
- How to evacuate the building
- How to report a fire
- Anything else that informs occupants what they should do in the event of a fire
The responsible person must also provide information about fire doors in the building, regardless of whether they are within the individual dwelling, or the communal parts. The information must state that:
- All fire doors are to be kept closed when not in use
- Occupants or their guests should not tamper with any self-closing devices
- Occupants should report any fire door faults or damage to the responsible person immediately
As well as displaying this information, the responsible person must provide a copy of the instructions to:
- All building occupants within 12 months of the start date of the new regulations (23 January 2023)
- All new occupants as soon as practical after they’ve moved in
- All occupants any time the information changes
- All occupants on an annual basis
What about buildings over 11 metres?
As well as the information requirements, where a building has two or more sets of domestic premises and is over 11 metres in height (five storeys), the responsible person must:
- Do everything possible to carry out checks on fire doors at the entrances of individual domestic premises at least every 12 months
- Keep records of actions taken in order to comply with the requirements
- Carry out checks of fire doors in communal areas, at least every three months
Fire door checks must look at:
- Whether the door’s self-closing devices are in working order
- Whether there is any visible damage to the door or door closer
- Whether there have been any alterations or damage to the glazing apertures or air transfer grilles of the door
- Whether the door closes properly around the entire frame
- Whether there are any gaps around the door frame, and that the seals and hinges are correctly fitted
You can check your fire safety responsibilities under the Fire Safety (England) Regulations 2022.