Understanding fire safety legislation in the UK: a comprehensive guide

The FIA sets out what you need to know about fire safety legislation.

Fire safety is a critical issue that affects every person and organisation in the UK. With the potential for devastating losses to life and property, ensuring robust fire safety measures is not just a moral responsibility, but also a legal obligation. 

The framework of fire safety legislation

The primary piece of legislation governing fire safety in occupied buildings in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (as amended) (also known as the FSO), which applies to all non-domestic premises. The Fire Safety (Scotland) Regulations 2006 and the Fire and Rescue Services (Northern Ireland) Order 2006 perform similar roles for Scotland and Northern Ireland, respectively. The FSO consolidated over 70 separate pieces of fire safety legislation into a single framework, streamlining responsibilities and making it easier for organisations to understand their legal duties.

The FSO places the responsibility for fire safety directly on the ‘Responsible Person’ within an organisation or premises. This person is typically the employer, owner, person with control of the premises or premises manager, and they must ensure that all necessary fire safety measures are in place to protect building occupants.

The role of the Responsible Person

Under the FSO, the Responsible Person must conduct a Fire Risk Assessment: one of the most critical requirements is to carry out a fire risk assessment, which identifies potential fire hazards and evaluates how likely these hazards are to cause harm. The risk assessment must be regularly reviewed and updated to reflect any changes in the premises or how it is used.

They must implement fire safety measures: based on the findings of the fire risk assessment, the Responsible Person must take appropriate steps to reduce or remove fire risks. This might include installing or maintaining fire detection systems, ensuring safe emergency exits, providing firefighting equipment, and training staff in fire safety procedures.

They must maintain fire safety systems: fire safety systems, such as alarms, extinguishers, and emergency lighting, must be regularly checked, serviced, be subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair.

They must also plan for emergencies: developing a clear emergency plan is essential to ensure that all building occupants know what to do in the event of a fire. This includes conducting regular fire drills and ensuring evacuation routes are clearly marked and unobstructed.

Finally, they must keep records: in some cases, particularly in larger premises, the Responsible Person is required to keep a written record of the fire risk assessment, training, and maintenance of fire safety equipment.

Non-compliance with these duties can result in significant penalties, including fines or imprisonment for serious breaches. The Responsible Person must be vigilant and proactive in meeting these legal requirements, as fire safety legislation is strictly enforced by local fire and rescue authorities.

Recent changes to fire safety legislation

The tragic Grenfell Tower fire in 2017, which claimed 72 lives, served as a reminder of the importance of effective fire safety regulation. In response, the UK government introduced a series of legislative changes to tighten fire safety laws and improve building safety standards.

One of the most significant changes came with the introduction of the Fire Safety Act 2021. This Act clarifies that the FSO applies to the structure, external walls (including cladding), and individual flat entrance doors in multi-occupancy residential buildings. This amendment was crucial in addressing the widespread cladding issues highlighted by the Grenfell inquiry.

Following the Fire Safety Act 2021, the government also introduced the Building Safety Act 2022, which seeks to improve the safety of high-rise residential buildings. This Act introduced the concept of the ‘Accountable Person’, a role similar to the Responsible Person, but specifically for high-rise buildings. The Accountable Person is responsible for ensuring that fire and structural safety risks are properly managed throughout the lifecycle of the building.

Additionally, the Fire Safety (England) Regulations 2022 came into effect in January 2023. These regulations impose new duties on building owners or managers of high-rise residential buildings, including the requirement to inspect any fire doors in the building which include the individual flat entrance doors, also to provide information to fire and rescue services about the design and materials of the building, as well as installing wayfinding signage and maintaining secure evacuation routes.

Compliance: what organisations need to do

Staying compliant with fire safety legislation in the UK is an ongoing responsibility, requiring regular reviews, updates, and proactive measures. Here are some key steps organisations should take to ensure compliance.

Stay informed of legislative changes: fire safety laws are continually evolving, particularly in the wake of events like the Grenfell Tower fire. It is vital for Responsible Persons to stay informed of any changes that may affect their duties and responsibilities. Subscribing to updates from government bodies, fire safety organisations, or trade associations like the Fire Industry Association (FIA) can help keep your knowledge up to date.

Regularly review the fire risk assessments: a fire risk assessment is not a one-off exercise. Regular reviews are necessary, particularly when there are changes in how a building is used, or if there are structural modifications. Ensuring that risk assessments are thorough and up to date will not only help you comply with the law but also keep occupants safe.

Engage competent fire risk assessors: while some smaller businesses may be able to conduct their own fire risk assessments, larger or more complex premises may require the expertise of a professional fire risk assessor. The FIA provides guidance on selecting competent fire risk assessors and offers training and certification to ensure assessors meet industry standards.

Invest in staff training: all staff members should be trained in basic fire safety measures, including how to use portable firefighting equipment, recognise fire hazards, and safely evacuate a building. In high-risk environments or large organisations, it may be necessary to appoint specific fire marshals who are responsible for overseeing evacuation procedures in the event of an emergency.

Record and review procedures: keeping accurate records of fire safety measures, risk assessments, and staff training is essential for demonstrating compliance with fire safety legislation. These records should be reviewed regularly to ensure they reflect current conditions and practices.

Work with fire safety professionals: partnering with fire safety consultants, contractors, and maintenance providers can ensure that all fire detection and suppression systems are properly installed, maintained, and compliant with current regulations. The FIA would recommend using an FIA Member as they require Third-Party Certification allowing the company to prove their competence through an annual audit.

The role of fire and rescue services and the FIA

Local fire and rescue services play a key role in enforcing fire safety legislation in the UK. They have the authority to inspect premises, issue enforcement notices, and prosecute organisations or individuals who fail to comply with fire safety laws. In addition to their enforcement role, fire services also provide guidance and support to help organisations improve their fire safety measures.

The FIA also plays a crucial role in supporting its members and the wider fire safety community by regularly publishing technical guidance and updates. These resources are designed to help businesses and professionals stay informed about evolving fire safety standards and legislation. Through comprehensive best practice guides, bulletins, and fact files, the FIA ensures that its members are equipped with the latest information on compliance, emerging technologies, and changes in regulatory frameworks. By working closely with government bodies and industry experts, the FIA ensures its guidance is aligned with current legislation, offering practical advice to help organisations meet their legal obligations while maintaining the highest levels of fire safety.

Fire safety is everyone’s responsibility

The UK’s fire safety legislation is designed to ensure that all premises are safe for occupants and that risks are minimised as much as possible. By understanding the key requirements of the Regulatory Reform (Fire Safety) Order 2005, (equivalent legislation exists in Scotland and Northern Ireland) staying updated with recent legislative changes, and maintaining an active approach to fire safety management, organisations can ensure they are not only compliant with the law but also safeguarding lives.

For more in-depth guidance on fire safety legislation or assistance with compliance, the FIA can give guidance and advice. Fire safety is everyone’s responsibility, and by working together, we can make our buildings safer for all.