Legal framework

In England and Wales, the Regulatory Reform (Fire Safety) Order 2005, replaces two major pieces of fire safety legislation, The Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997 as amended. The Regulatory Reform (Fire Safety) Order 2005 consolidates the fire safety provisions of other legislation under one simplified set of goal-based requirements. The Regulatory Reform (Fire Safety) Order 2005 came into effect in 2006 for England, Scotland and Wales (and 2008 for Northern Ireland). It introduced the need for employers and building owners as responsible persons to comply with the following duties:

• carry out a fire-risk assessment identifying any possible dangers and risks
• consider who may be especially at risk from fire
• get rid of or reduce the risk from fire as far as is reasonably possible and provide general fire precautions to deal with any possible risk left
• take other measures to make sure there is protection if flammable or explosive materials are used or stored
• create a plan to deal with any emergency and, in most cases, keep a record of findings
• review findings when necessary.

All non-domestic premises, including the common or shared parts of blocks of flats or houses in multiple occupation (HMOs) are covered by The Regulatory Reform (Fire Safety) Order 2005, and may be inspected by their local fire and rescue authority. Under The Regulatory Reform (Fire Safety) Order 2005, fire and rescue authorities have a statutory duty to ensure compliance and enforce the requirements where necessary.

The responsible person

The Regulatory Reform (Fire Safety) Order 2005 aligned fire safety with health and safety legislation. The fundamental requirement of The Regulatory Reform (Fire Safety) Order 2005 is that the responsible person must carry out a suitable and sufficient fire risk assessment to identify and provide adequate fire precautions and procedures to ensure the safety of all relevant persons (those who are legally on the premises).

In addition to the responsible person, the requirements of The Regulatory Reform (Fire Safety) Order 2005 are also imposed on any person having control of premises, such as the landlord and managing agent. As in health and safety legislation, The Regulatory Reform (Fire Safety) Order 2005 has moved away from the prescriptive approach to an approach where ownership of risk sits with the responsible person and those in control of premises.

The Gas Safety (Installation and Use) Regulations 1998 relating to the installation, maintenance and use of gas appliances, fittings and flues in domestic and certain commercial premises. They place duties on certain landlords to ensure that gas appliances, fittings and flues provided for tenants’ use are safe. Landlords are required to:

• ensure gas fittings and flues are maintained in a safe condition
• ensure gas appliances are serviced in accordance with the manufacturer’s instructions; and if these are not available, it is recommended that they are serviced annually unless advised otherwise by a gas safe registered engineer
• ensure an annual safety check is carried out on each gas appliance/flue
• before any new lease starts, ensure that gas safety checks have been carried out within one year before the start of the lease date, unless the appliances in the property have been installed for less than 12 months, in which case they should be checked within 12 months of their installation date
• ensure all installation, maintenance and safety checks are carried out by a gas safe registered engineer
• ensure records are kept of each safety check for at least two years
• issue a copy of the latest safety check record is provided to existing tenants within 28 days of the check being completed, or to any new tenant before they move in (and in certain cases there is an option to display the record).

While there is currently no statutory requirement for landlords to ensure annual safety checks are carried out on electrical equipment as there is with gas, landlords can still be liable if there is an accident involving electrical equipment provided within a property.

All electrical equipment supplied after 9 January 1995 must be marked with an appropriate CE symbol and appliance instruction booklets should be supplied. Failure to comply with the Electrical Equipment (Safety) Regulations 1994 and the Consumer Protection Act 1987 is a criminal offence and may result in a fine, up to six month's imprisonment or possible manslaughter charges in the event of deaths. These regulations are enforced by the Health and Safety Executive.

Landlords should:

• carry out safety checks on all electrical appliances in rented homes and remove unsafe appliances. Electrical appliances checked by a qualified electrical engineer
• keep records of the checks carried out for all electrical appliances supplied in rented homes
• make sure instruction booklets are available in rented homes for all electrical appliances and that necessary safety warning is given to tenants.

In addition, landlords should note that under various statutory regulations including The Landlord and Tenant Act 1985, Housing Act 2004 and The Plugs and Sockets etc. (Safety) Regulations 1994, both of which come under the Consumer Protection Act 1987, there is an obligation to ensure that all electrical equipment is safe.

In England and Wales, the primary piece of legislation for housing in relation to fire safety is the Housing Act 2004. The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS). This identifies 29 categories of potential hazards, one of which is fire. Under the HHSRS, a residential property should provide a safe and healthy environment. It should be designed, constructed and maintained with non-hazardous materials and should be free from unnecessary and avoidable hazards.

The HHSRS Operating Guidance explains how to make an assessment of the fire hazard in a residential dwelling. The HHSRS introduced a risk assessment approach.  The principal aim of individual risk assessment is to reduce or eliminate hazards to health and safety in domestic accommodation.

The risk assessment calculates hazards bands which are then ranked as category 1 or 2 hazards. Category 1 hazards trigger action by the local authority and can result in enforcement action being taken, depending on the nature of the hazard and the works required. Fire safety is assessed according to certain risk factors as follows:

• number of storeys
• layout of house
• distance to travel from farthest point in the house to the final exit
• number of occupiers in the dwelling
• type of occupation
• structural fire precautions already in place in the dwelling
• fire detection and alarm systems provided.

If a local authority discovers serious category 1 hazards in a home, it has a duty to take the most appropriate action. Local authorities are advised to try to deal with problems informally initially, but if this is unsuccessful, they could require a landlord to carry out improvements to the property. Local authorities also have powers to prohibit the use of the whole or part of a dwelling or restrict the number of permitted occupants. Where an occupier is at immediate risk, the authority can take emergency remedial action.

For England and Wales, The National Fire Safety Protocol sets out the relationship between The Housing Act 2004 and The Regulatory Reform (Fire Safety) Order 2005. The protocol outlines joint working arrangements which could be undertaken between local housing authorities and fire and rescue authorities to deliver the objective of improved fire safety. It is a framework which provides the basis for collaboration at a local and regional level.

Fire and rescue authorities have a legal duty to enforce The Fire Safety Order in the common areas of all residential accommodation not forming a single private dwelling. Local housing authorities are responsible for utilising the HHSRS to identify and if necessary act upon, significant hazards found within housing.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require private sector landlords to have at least one smoke alarm installed on each storey of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance (e.g. a coal fire or a wood-burning stove). The landlord must ensure that alarms are in working order at the start of each new tenancy.

The landlord must test the alarms on the first day of a tenancy, following this, tenants should take responsibility for testing of alarms. If tenants find their alarms are not in working order during the tenancy, they are advised to arrange the replacement of the batteries or the alarm itself with their landlord.

These requirements are enforced by local authorities who can impose a fine of up to £5000 when a landlord fails to comply with a remedial notice. The regulations came into force on 1 October 2015.

• the common areas of houses in multiple occupations (HMOs)
• the common areas of flats and maisonettes
• student halls of residence and areas of sleeping accommodation in other training institutions
• refuges, e.g. family accommodation centres, halfway houses
• hostels, e.g. YMCA, YWCA, youth hostels, bail hostels or homeless persons’ accommodation
• the common areas of sheltered accommodation, where care is not provided.

Since 1991, there have been revisions to The Building Regulations in the form of Approved Document B issued in 2000 and 2006. The revised document sets out how fire safety is designed into buildings. Before the Building Regulations came into effect, the existing stock of high rise accommodation across the country was covered by varying standards and design codes.

The Building Regulations relate to builders but as the owner of a building, a landlord can be served with an enforcement notice if building work does not comply with the regulations. As defined in Regulation 3 of the Building Regulations, building work constitutes:

• the erection or extension of a building
• the installation or extension of a service or fitting which is controlled under the regulations
• an alteration project involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
• the insertion of insulation into a cavity wall
• the underpinning of the foundations of a building.

Part B of the Building Regulations relates to fire safety in the construction of buildings. It covers:

• B1 Means of escape: that sufficient provisions are made in design of the building so that in the event of fire the occupants can escape to a place of safety by their own efforts. This includes incorporating a suitable fire alarm system to give early warning of fire to the occupants and users of a building
• B2 Internal fire spread (linings): that the internal linings of a building do not support a rapid spread of fire
• B3 Internal fire spread (structure): that the structure of the building should not collapse prematurely and should slow the spread of fire through the building and in unseen cavities and voids by providing fire resisting walls and partitions where necessary
• B4 External fire spread: that the spread of fire between buildings be discouraged by spacing them apart sufficiently and controlling the number and size of openings on boundaries
• B5 Access and facilities for the fire service: that the building (and the site layout and access roads) are designed in such a way as to aid Fire and Rescue Authorities to fight fire and rescue persons caught in a fire.

In Scotland, under The Housing (Scotland) Act 2006 local authorities are given new powers to designate housing renewal areas where they identified a significant number of sub-standard houses. The Housing (Scotland) Act 2006 also amends the Housing (Scotland) Act 2001 to ensure that local housing strategies have as part of their purpose improving the standard of housing in the local authority’s area. The Housing (Scotland) Act 2006 also introduced a repairing standard that privately rented houses must meet which includes fire detection.

It is the responsibility of the landlord to ensure that the standard is met. Before a tenancy starts the landlord must inspect the property and notify the new tenant of any works required and must give the tenant information on the repairing standard.

The act established a private rented housing panel. Tenants who believe their landlord has failed to comply with the repairing standard may apply to the panel for a determination. The panel can refer the case to a private rented housing committee. If the committee decides the landlord has failed to comply with the standard it can issue the landlord with a repairing standard enforcement order.

The private rented housing committee is also the body which decides if an enforcement order has been complied with. It a landlord has failed to comply or cannot comply, the committee will serve a failure notice on the local authority and decide whether to make a rent relief order.

General fire safety is within the legislative competence of the Scottish Parliament. Under The Fire (Scotland) Act 2005, employers, property owners, landlords and other duty holders are required to assess fire risks in the workplace and implement appropriate fire safety precautions including raising the alarm and evacuating the premises.

The Fire Safety (Scotland) Regulations 2006 make provision in connection with carrying out risk assessments to identify risks in respect of harm caused by fire, and the review of those assessments. They also make provision about fire safety in relevant premises (as defined in section 78 of The Fire (Scotland) Act 2005 (asp 5).

The Building (Scotland) Regulations 2004, as defined by The Building (Scotland) Act 2003, aimed to ensure the health, safety and welfare of people and to promote sustainable development. They focus on the design, construction and conversion of buildings and the provision of services, fittings and equipment.

The Building (Scotland) Amendment Regulations 2010 came into force on October 1 2010 and has resulted in changes to mandatory standards and associated guidance, and the publication of new documents. New codes of guidance relating to fire safety for buildings in Scotland include:

• greater choice of active and passive fire safety measures within the dwelling of fire origin
• guidance on fire detection and fire alarm systems in dwellings to better reflect risk
• guidance and greater choice on the escape strategy and fire safety measures serving flats and maisonettes including high rise domestic buildings
• reference to fire service amended to fire and rescue service throughout
• guidance new guidance on facilities to assist the fire and rescue service including the performance of fire mains
• updated guidance on fire suppression systems including water supplies and component parts.

The following guides apply to premises which fall within the scope of Part 3 of The Fire (Scotland) Act 2005, as amended:

Practical fire safety guidance for small premises providing sleeping accommodation (Revised: June 2010)

Applies to premises which comprise of:

• up to 2 storeys in height with a maximum single-storey area of 200m²
• 3 storeys in height with a maximum single-storey area of 100m²
• individual flats or maisonettes, regardless of storey height, with a maximum single-storey area of 200m²
• this also includes HMOs subject to licensing and may also include buildings or premises put to a variety of uses, such as small hostel accommodation.

Practical fire safety guidance for medium and large premises providing sleeping accommodation (Revised: Feb 2008)

Applies to premises which comprise of:

• any single storey area over 200m²
• 3 storeys in height with a single storey area over 100m²
• more than 3 storeys in height
• this includes HMOs subject to licensing (including a complex, such as a block of flats, consisting entirely of licensable, flatted houses in multiple occupations) and may also include buildings or premises used as hostels or refuges.

The Scottish Government has published guidance on fire detection in private rented properties. Under the Repairing Standard (the criteria for which is set out by Section 13(1) of The Housing (Scotland) Act 2006) a house should have satisfactory provision for detecting fires and for giving warning in the event of a fire or suspected fire.

The Scottish Fire and Rescue Service updated their advice to residents of multi-storey buildings in 2015. Their leaflet gives information on keeping buildings safe in order to prevent fires and what to do if you discover a fire in the building.

A draft Fire and Rescue Framework for Scotland (2016) was published for consultation in March 2016. An analysis report of the responses received has now been released. The Scottish Government has also published a range of sector-specific guides providing practical fire safety guidance.

The Domestic Fire Safety Measure 2011 made the installation of sprinklers in all new builds mandatory. Changes were made in 2016 to the Building Regulations which required automatic fire suppression systems in residential buildings. Since 1 January 2016 the requirements have applied to new and converted houses and flats. Since 30 April 2014 they have applied to new and converted care homes, children’s residential homes, boarding houses, halls of residences, and hostels other than those intended for temporary leisure purposes (e.g. youth hostels, backpacker hostels).

Download The Building Regulations documents as they apply to dwelling houses and buildings other than dwelling houses.

Part 3 of The Fire and Rescue Services (Northern Ireland) Order 2006 and The Fire Safety Regulations (Northern Ireland) 2010 came into effect on 15 November 2010. As an appropriate person with control over non-domestic, industrial, commercial, leisure, educational or healthcare premises, this legislation requires that the appropriate person takes responsibility for ensuring premises reach the required fire safety standard. The legislation applies to shared areas of properties common to several households and houses in multiple occupation (HMOs).

The main requirements of the legislation include:

• carry out a fire risk assessment for the premises over which you have control
• identify the fire hazards and risks associated with the premises, materials/substances, activities
• identify the people or groups of people at risk and anyone who may be especially at risk
• remove and reduce the risks as far as reasonably possible
• have in place general fire precautions to deal with any remaining risks
• implement additional preventative and protective measures if flammable or explosive substances are used or stored on the premises
• develop and implement appropriate emergency procedures in the event of a fire
• review the risk assessment periodically or after significant changes in the workplace.