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Principles for Regulating Fire Safety in Purpose-Built Blocks of Flats

by | Jan 10, 2024 | Uncategorized

These principles aim to enhance clarity and promote effective collaboration among relevant parties involved in fire safety regulation for multi-storey buildings.

  1. Scope of Application:
    • These principles are designed to guide local authorities and fire and rescue authorities in regulating fire safety in purpose-built blocks of flats, particularly those exceeding 11 meters in height. They may be adapted for other building types.
    • Not applicable to houses in multiple occupation or local authority (LA)-owned blocks of flats.
  2. Supplementary Nature:
    • Intended to complement existing guidance and facilitate consistent decision-making.
    • Non-binding on enforcing authorities and do not constitute legal advice.
  3. Local Authority Involvement:
    • Local authorities play a multifaceted role in regulating purpose-built blocks of flats, including planning, building control, housing enforcement, and health and safety enforcement.
    • Various departments within local authorities may be engaged in ensuring residential building safety.
  4. Fire and Rescue Authorities (FRAs):
    • FRAs are mandated to enforce the Fire Safety Order for purpose-built blocks of flats, covering the structure, external walls, common parts, and corridor doors.
    • FRAs must produce an Integrated Risk Management Plan to address local risks and prevent/mitigate incidents.
  5. Local Housing Authorities (LHAs):
    • LHAs are responsible for reviewing housing conditions, assessing hazards (including fire), and utilizing the Housing Health and Safety Rating System.
    • LHAs have powers to inspect and take action against identified hazards in residential premises.
  6. Regulatory Framework:
    • Both FRAs and LHAs must adhere to the principles of the Regulators Code.
    • The Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005 offer different mechanisms to address fire risks in buildings.
  7. Overarching Principles:
    • The primary goal is to ensure public safety, determining lead roles based on property types, ownership portfolios, or building-specific considerations.
    • Regular communication and collaboration between LHAs and FRAs at strategic and operational levels are essential.
  8. Information Sharing Protocols:
    • Establish clear protocols for sharing information to identify joint working opportunities and prevent redundancy.
    • Consult local authority departments in cases involving potential prohibition of building parts to consider resident needs and alternative accommodations.
  9. Strategic Approach to Interventions:
    • Base regulatory activity on risk and evidence.
    • Consider housing stock profiles, building age, ownership, and tenure mix when developing strategic approaches.
  10. Guidance for Regulated Entities:
    • Clear guidance should be available for regulated entities, promoting compliance with obligations under the Housing Act and Fire Safety Order.
    • Consider co-producing guidance and joint engagement events to support compliance.
  11. Mechanism for Enforcement:
    • Choose the most effective legislation based on tactical considerations and desired outcomes.
    • Consider the Fire Safety Order for urgent inspections in cases of imminent risk; assess powers, administrative burdens, and efficiency in planning joint inspections.
  12. Tactical Considerations for Enforcement:
    • Utilize the table of tactical considerations below for choosing between Fire Safety Order and Housing Act based on specific issues.
    • Prioritize the legislation that aligns with the outcome, proportionality, and potential costs and risks for each agency.

Table – Considerations for Determining Enforcement Mechanism

Issue Fire Safety Order (FSO)
 Housing Act Considerations
The LHA has no enforcement powers (for example because it is the landlord) Yes No Fire and Rescue Service (FRS) should lead in all cases where the LA cannot enforce.
A significant number of the flats are not occupied as a ‘dwelling’ i.e. serviced apartments /short term lets Yes No The Housing Act 2004 does not apply to commercial residential premises and can only be utilized in relation to ‘dwellings’ which are or are intended to be used for residential purposes. It may be used where some parts of the premises are occupied as residential dwellings, but powers and actions would be restricted to those flats and the common parts.
The make-up of the external wall system has not been identified Yes Yes The Housing Act 2004 can be utilized to request information about the materials in the external wall system but does not impose a requirement on building owners to assess the risks. Although LHAs do have the power to assess the risk in order to determine the hazard rating and may also take samples to assist in determining the materials used, there is no requirement for the risk from these to be assessed. The FSO can be used to require a suitable and sufficient assessment of the risk to be made. Where the Housing Act 2004 is used, the LHA will need to assess the risk. Some LHAs may not have in-house personnel with the appropriate training and expertise in assessing the risks presented by various types of External Wall Systems (EWS). Where that is the case, they should consider bringing in suitable staff from outside; the power to do so is explicit in section 239(8) of the Housing Act 2004 but there is no provision to recover the costs incurred in doing so. The creation of a multi-disciplinary team will usually be the preferred approach and use of the FSO may be more expedient and appropriate in obtaining the required risk assessment.
The external wall has been identified as containing materials that are not of limited combustibility Yes Yes Issues in relation to assessment of the risk are as above. The Housing Act 2004 can be utilized to require the owner to remove or reduce the hazard but not to necessitate a change to the evacuation strategy. The FSO can be used to require a change to the evacuation strategy through the requirement to implement appropriate fire safety arrangements.
There are deficiencies in the facilities provided for firefighting Yes No Where there are concerns about provisions within the building for firefighting operations, these cannot be addressed under the Housing Act 2004, and the FRS should lead.
There are deficiencies identified in the maintenance regime of fire safety provisions e.g. fire alarms, smoke control systems, emergency lighting Yes No The Housing Act 2004 cannot be used to require a suitable system of testing and maintenance and can only be used to require a repair. The FSO can be used to require a suitable system of maintenance to be implemented.
There is evidence that individual dwellings are not fitted with smoke detection No Yes The Housing Act 2004 can be utilized to require the reduction of risk in individual dwellings and/or in rented dwellings the Smoke and Carbon Monoxide Regulations can be utilized.
There is evidence of breaches in the compartmentation between flats Yes Yes The FSO applies to the structure of the premises but does not apply to the domestic parts of premises occupied as a single private dwelling. Therefore, where the risk relates to two or more dwellings but not the common parts, then it may be more appropriate to utilize the Housing Act 2004 to require a reduction or removal in the risk. This is likely to be relevant where unauthorized alterations have been made in individual dwellings. Where there are widespread breaches in the compartmentation that affects both flats and the means of escape, the FSO may be the most appropriate way to address the problem.
There is evidence of breaches in the compartmentation between flats and the common parts Yes Yes Both the Housing Act 2004 and the FSO can be utilized to deal with breaches in compartmentation which affect the common parts.
The doors to flats are not appropriate fire resisting doors Yes Yes Both pieces of legislation can be utilized in relation to flat doors; however, consideration should be given to the most expedient and least burdensome enforcement mechanism. In relation to buildings with multiple leasehold interests, the administrative burden related to the use of Housing Act 2004 powers is likely to be significant. The number of notices which would be required is a relevant consideration.