Section 156 of the Building Safety Act 2022 (BSA) makes a number of amendments to the Regulatory Reform (Fire Safety) Order 2005 (FSO) to improve fire safety in all buildings regulated by it. These improvements form Phase 3 of the Home Office’s fire safety reform programme, building on Phase 1 (the Fire Safety Act 2021) and Phase 2 (the Fire Safety (England) Regulations 2022). This new fire safety legislation comes into force on 1st October 2023.
Phase 3 further strengthens fire safety in all FSO regulated premises by:
• improving cooperation and coordination between Responsible Persons (RPs).
• increasing requirements in relation to the recording and sharing of fire safety information thus creating a continual record throughout a building’s lifespan.
• making it easier for enforcement authorities to act against non-compliance.
• ensuring residents have access to comprehensive information about fire safety in their building.
The Building Safety Bill received Royal Assent in April 2022 and became the Building Safety Act 2022. The new legislation has the effect of amending the Fire Safety Order to:
There is also a legislative requirement that, where the Responsible Person appoints a person to make or review the fire risk assessment, they must be competent. This legislative requirement will be brought into force at a later date, and we will provide relevant guidance in that regard ahead of the commencement date. In the meantime, if you do appoint a fire risk assessor our recommendation is that you ensure they are competent to do so, in terms of having sufficient training and experience or knowledge and other qualities. It remains the case that the Responsible Person has a duty to make sure that a suitable and sufficient fire risk assessment is completed.
Guidance explaining what responsible persons need to do as a result of changes made to the Regulatory Reform (Fire Safety) Order 2005 (‘the Fire Safety Order’) through the Building Safety Act 2022 can be found by clicking here.
Businesses must be fully aware of the significant and imminent revisions to fire safety legislation – section 156 of the Building Safety Act 2022 which are due to come into force on 1st October 2023.
Many premises will be affected by the changes including small shops, take-aways, holiday lets and small blocks of flats: The main changes businesses need to be aware of are:
Credit Avon Fire & Rescue Service