Fire Safety Regulations: What You Need To Know About the Changes From October 2023

Further amendments to the Regulatory Reform (Fire Safety) Order 2005 (otherwise known as FSO) are due to come into force on October 1st 2023. Several changes to the FSO have been made under the Building Safety Act 2022, with the aim to improve fire safety in all buildings regulated by the Order.

Phase 3 of the Home Office’s fire safety reform programme introduces new legal duties for the ‘Responsible Person’, focussing on transparency and accountability, thus making it easier for enforcement authorities to take action against non-compliance.

This article will detail the Fire Safety Order, who it affects, and provide a comprehensive breakdown of the updated legislation scheduled to take effect in October 2023.

What is the Fire Safety Order?

The Fire Safety Order is the fire safety legislation that applies to all non-domestic buildings across England and Wales. It regulates premises and sets out responsibilities and standards for individuals responsible in order to improve fire safety.

The Fire Safety Order applies to:

• All workplaces and commercial buildings
• Non-domestic parts of multi-occupied residential buildings

A 'responsible person' (defined as ‘relevant persons’ in the Order) is a legally created entity, defined in Article 3 of the FSO. Their duty is to ensure that their premises meets the required fire safety standards outlined in the Order to protect lives of those who occupy the building.

Duties of the Responsible Person include:

• Carrying out a fire risk assessment to mitigate any hazards
• Providing suitable training to any staff
• Implementing emergency plans and procedures
• Installing and maintaining appropriate fire safety measures

Check if you are classified as a Responsible Person under the Fire Safety Order, and understand your fire safety responsibilities on the government portal.

What are the upcoming changes?

It's crucial for all Responsible Persons to become acquainted with the changes to ensure complete adherence to the revised regulations. 

As of October 1st, all RP’s must:

• Conduct a fire risk assessment (FRA) and document it in full, irrespective of the number of employees (previously, a written FRA was only needed with 5 or more employees)
• Record all findings during a fire risk assessment, and provide sufficient information about fire safety in your building. This replaces previous requirements to only record findings that were deemed ‘significant’
• Make a record of all fire safety arrangements, demonstrating how fire safety is managed within your premises
• Provide current information to all residents of buildings with 2 or more sets of domestic premises, which includes:

- The name and UK address of the Responsible Person, and the identity of anyone appointed to assist
- Relevant fire safety information in a format that is easy to understand
- Preventative and protective measure that are in place within the premises

• Identify any other person/s who have responsibilities within the property, and provide a name and address for the other RP. You must determine who is accountable for specific areas of the premises (if applicable)
• Determine the Accountable Persons (who are new legal entities formed under the Building Safety Act if the building is considered high-risk) and cooperate with them accordingly
• Provide ‘relevant fire safety information’ with any new Responsible Persons should an RP leave

In relation to penalties, there will be an increased level of fines. Certain penalties have had their maximum limit removed, meaning these are now unlimited

The Home Office have also commented that those responsible should only appoint another person to assist with conducting a fire risk assessment if they are competent in doing so i.e. they have sufficient training and experience, however, this requirement will come into effect at a later date.

For more information visit gov.uk.

How we can help

FireSealsDirect are leading providers of passive fire protection products and fire door components. If you have any concerns over the fire safety of your premises and need advice on our fire stopping or fire door products, please get in touch with our technical support team at [email protected] or call us on 02920 857 959.