Fire Safety Legislation and Guidance

This page contains useful links to key information sources, official regulations and industry guidance that is shaping the way the UK built environment is reforming its fire safety policies since the Grenfell Tower Fire Disaster on 14 June 2017.

Legislation and Official Guidance

1. Legislation

We list the key fire safety legislation relevant to England and Wales. Northern Ireland and Scotland have similar Acts and Regulations.

The Regulatory Reform (Fire Safety) Order 2005 applies to England and Wales. It was a consolidating Statutory Instrument effective from April 2006, which replaced a number of previous Acts and brought the UK more into line with European legislation. Similar acts were passed in Northern Ireland and Scotland around the same time. It has more recently undergone extensive amendments under the Fire Safety Act 2021, and the Building Safety Act 2022. The changes fulfill many of the undertakings of the Government to drive up building safety standards in the aftermath of the Grenfell fire Tragedy.

The Fire Safety Act 2021. An Act to make provision about the application of the Regulatory Reform (Fire Safety) Order 2005 where a building contains two or more sets of domestic premises. It clarified that the external walls, flat entrance doors, and the structure of buildings are all covered by the FSO, and must be accounted for in fire risk assessments.

Fire and Rescue Services Act (FRSA) 2004.

The Health and Safety at Work etc Act 1974 (HASAWA) is the primary legislation for health and safety in the UK. You can view what the HSE have published on the Act here.

2. Regulations

Also known as delegated legislation, regulations are issued under the name of the Secretary of State and they seek to add more detail to how relevant Acts (primary legislation) should be applied to specific hazards or activities. Examples relevant to fire safety include:

• The Fire Safety (England) Regulations 2022 came into force on 23 January 2023, and implemented the majority of the Grenfell Tower Inquiry recommendations, affecting both High-rise (over 18m) and Mid-rise (over 11m) Buildings.
  
  It also requires CDM duty holders must co-ordinate and co-operate on fire safety precautions with the responsible person(s) when construction work is taking place on an occupied high-rise residential building.
  
  A helpful list of fact sheets explain how the Fire Safety (England) Regulations 2022 introduce new duties under the Fire Safety Order for building owners and managers (i.e. the responsible persons):
• Fact sheet: Overview.
• Check your fire safety responsibilities under the Fire Safety (England) Regulations 2022
• Fact sheet: Secure information box (regulation 4)
• Fact sheet: Design and materials of external walls (regulation 5).
• Fact sheet: Floor plans and building plan (regulation 6).
• Fact sheet: Lifts and essential fire-fighting equipment (regulation 7).
• Fact sheet: Wayfinder signage (regulation 8).
• Fact sheet: Information to residents (regulation 9).
• Fact sheet: Fire doors (regulation 10).
• Fact sheet: Fire Safety (England) Regulations 2022: fire door guidance.
• Dangerous Substances and Explosive Atmosphere Regulations (DSEAR) 2002. View the Regulations or HSE information.
• Construction (Design and Management) Regulations 2015. View the Regulations or HSE information.
• Management of Health and Safety at Work Regulations 1999. View the Regulations or HSE information.

3. The HSE publish some practical guides on fire safety on their website.

Guidance publications are issued by the Health and Safety Executive. They contain practical advice and examples of procedures and safe working practices. Guidance publications have no legal standing and are therefore not compulsory, unless specifically stated. Organisations and individuals are free to make other arrangements, but the Courts hold that if the guidance is followed then enough will be being done to comply with the law. Health and safety inspectors also seek to secure compliance with the law by using guidance publications as the minimum standard to be met.

• HSG168: Fire Safety in Construction updated 2022. It is in need of updating again to reflect the significant changes in fire regulations that have come into force in 2023, but nonetheless it continues to serve as a first class whistle-stop tour of the fire safety landscape for affected and relevant parties.

4. Government Codes of Practice

Approved Document B Volume 1 and 2 provides guidance on the requirements of B1 to B5 of Schedule 1 to the Building Regulations 2010 for use in England. Section B4 refers to fire safety The documents have been updated in 2022 to give guidance on fire safety principles and their practical application.

• Vol 1: Approved Document B: Dwellings
• Vol 2: Approved Document B (Buildings other than dwelling houses)

Approved Document 7 gives guidance on construction materials and workmanship.

5. British Standards

Written as individual holistic guides that should be applied with mixing and matching, published British Standards' guides are often adopted to demonstrate compliance with the fire safety regulations. These document are not freely available and must be purchased from the BSI.

• BS 9999:2017: Fire safety in the design, management and use of buildings. Code of practice.
• BS 5839-1:2017: Fire detection and alarm systems for buildings - Code of practice for design, installation, commissioning and maintenance of systems in non-domestic premises.
• BS.5839-6:2020: Fire detection and fire alarm systems for buildings - Code of practice for the design, installation, commissioning and maintenance of fire detection and fire alarm systems in domestic premises.
• BS 5839-9:2021: Fire detection and fire alarm systems for buildings - Code of practice for the design, installation, commissioning and maintenance of emergency voice communication systems.
• BS 5266-1:2016: Emergency lighting. Code of practice for the emergency lighting of premises.
• BS 5306-3:2017: Fire extinguishing installations and equipment on premises. Commissioning and maintenance of portable fire extinguishers. Code of practice.
• PAS 79-1:2020: Fire risk assessment - Premises other than housing. Code of practice.

6.0 New Government Fire Safety Guides published in 2023

Updated versions of the Government's fire safety guides for those with legal duties under the Fire Safety Order are now available.

6.1 Legislative guidance.

• Check your fire safety responsibilities under Section 156 of the Building Safety Act 2022
  
  This guidance is for people who have responsibilities under the Regulatory Reform (Fire Safety) Order 2005, which has been amended by S.156 of the Building Safety Act 2022 that come into effect on 1st October 2023.
• Fire Safety (England) Regulations 2022: fire doors
  
  This Guide and checklist are aimed at assisting responsible persons to carry out simple checks upon a fire door. It assumes that the obligatory fire risk assessmnet has already assessed the suitability of the fire doors.
• Fire Safety Act Addendum
  
  This Guide has been published by the Secretary of State under Article 50 of the Regulatory Reform (Fire Safety) Order to assist responsible persons in meeting their duties under the FSO.
• Check your fire safety responsibilities under the fire Safety (England) Regulations 2022
  
  This Guide and Template is intended to assist responsible persons fulfill their duties under the Fire Safety (England) Regulations. It covers the additional duties for buildings containing two or more sets of domestic premises and is above 11m (typically a building of five or more storeys).

6.2 New Government Fire Safety Guides for small premises.

• Making your small block of flats safe from fire
• Making your small paying guest accommodation safe from fire
• Making your small non-domestic premises safe from fire

6.3 Government Fire Safety Risk Assessment Guides for non-domestic premises

• Fire safety risk assessment: Offices and shops
• Fire safety risk assessment: Open-air events and venues shops
• Fire safety risk assessment: Transport premises and facilities
• Fire safety risk assessment: Factories and warehouses
• Fire safety risk assessment: Theatres, cinemas, and similar premises
• Fire safety risk assessment: Educational premises