GB fire safety law in non-domestic premises is one instrument with two later additions. The Regulatory Reform (Fire Safety) Order 2005 is the duty. The Fire Safety Act 2021 settled an argument about what the duty covers in blocks of flats. The Fire Safety (England) Regulations 2022 added specific, checkable obligations on multi-occupied residential buildings, which is where the regime had been vaguest.
The Order, in one paragraph
It applies to all non-domestic premises and to the common parts of blocks of flats. It puts the duty on the responsible person, requires a suitable and sufficient fire risk assessment, requires general fire precautions, escape routes, emergency lighting, signage, detection and firefighting equipment as the assessment identifies, requires maintenance, requires nominated competent persons and training, and requires cooperation where more than one duty-holder shares a building.
What the Fire Safety Act 2021 changed
It clarified that where a building contains two or more sets of domestic premises, the Order applies to the structure and external walls including cladding, balconies and windows, and to the doors between the domestic premises and the common parts. That had been argued over, and the Act ended the argument, which is why external wall assessments became a normal part of a block's fire risk assessment.
What the 2022 Regulations added
Checkable duties on multi-occupied residential buildings, with more required as buildings get taller: information to residents, checks of communal and flat entrance fire doors above 11 metres, and for high-rise buildings information for the fire and rescue service including building plans, lift and equipment checks, wayfinding signage and a secure information box. They are specific in a way the Order deliberately is not.
Who enforces it
The local fire and rescue authority for most premises, with HSE, the Health and Safety Executive for Northern Ireland's equivalents, the Ministry of Defence fire service and local authority building control enforcing in defined cases. An inspecting officer can give advice, serve an alterations notice, an enforcement notice or a prohibition notice, or prosecute. A prohibition notice can close premises immediately, which is the outcome duty-holders least expect and most regret.
Scotland and Wales
The Order is England and Wales. Scotland has its own regime under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, with equivalent duties and different citations, and the 2022 Regulations are England only. A firm quoting the Order for a building in Glasgow is quoting the wrong law.
Questions people ask about fire safety act 2021
Is the Fire Safety Act 2021 separate from the Fire Safety Order?
It amends it. The Order remains the duty; the Act clarified that the duty covers the structure, external walls and flat entrance doors in buildings with two or more sets of domestic premises.
Who enforces the Fire Safety Order?
Usually the local fire and rescue authority, with HSE, the MoD fire service and building control enforcing in defined cases. They can advise, serve notices or prosecute.
Do the Fire Safety (England) Regulations 2022 apply to my office?
No. They apply to multi-occupied residential buildings. An office remains governed by the Order itself.
Does the Order apply in Scotland?
No. Scotland has its own regime under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006.