Fire Safety Regulations and Building Safety Act

Fire Safety (England) Regulations 2022

Having recently come into force on 23 January 2023, the Fire Safety (England) Regulations 2022 (‘FSR’) impose fresh obligations on the ‘responsible person’ (‘RP’) of existing multi‐occupied residential buildings. This is often the owner of the common parts or the person with control over the building. Extra obligations are imposed depending on the height of the multi‐occupied residential building. See a checklist setting out the new obligations.

Building Safety Act 2022 – Registration Requirements

The new Building Safety Act 2022 (‘BSA’) will introduce new registration requirements for higher‐risk buildings (‘HRBs’) which will be overseen by the new Building Safety Regulator (‘BSR’) (essentially, the Health and Safety Executive) from April 2023.

What is an HRB?

• An HRB is a building which has at least two residential units, and:
• is at least 18 metres in height; or
• has at least 7 storeys.

Is there a deadline?

• Existing occupied HRBs must be registered between April and October 2023; and
• After October 2023, new HRBs must be registered before being occupied.

Who is responsible for registering?

• The principal accountable person (‘PAP’) is responsible;
• A PAP can be an individual, a company or an agent that owns or has responsibility for the HRB; and
• It is a criminal offence for an existing occupied HRB to be unregistered by October 2023.

What is required in a registration?

• Information about the PAP – the information required differs depending on if the PAP is an individual, a company or an agent (individuals are subject to the least stringent information requirements); and
• Information about the HRB (required within 28 days of submitting registration application).
• All HRBs need:
• address, postcode and name of HRB;
• number of residential units within the HRB;
• HRB height (in metres) and number of storeys; and
• year in which HRB was completed.
• Existing HRBs also need:
• PAP’s confirmation whether HRB met appropriate building standards at time of completion.
• Uncompleted HRBs also need:
• PAP to provide appropriate completion or final certificate.
• New HRBs also need:
• building certificates, including unique reference number given by new BSR when awarding a building regulations completion certificate.