Navigating Building Safety: A Comprehensive Guide to the recent changes to Section 156 of the Building Safety Act

The Building Safety Act of 2022 has undergone significant revisions recently, ushering in crucial mandates to bolster building safety in the face of fire and other health and safety risks. Prompted by lessons drawn from the Grenfell Tower tragedy, these provisions have been enacted to address pressing concerns.

This comprehensive article serves as your guide to understanding the key aspects of the new requirements, which came into effect on the 1st of October, 2023.

What is the Building Safety Act 2022, and why was it introduced?

The Regulatory Reform (Fire Safety) Order 2005, commonly known as the "Fire Safety Order," stands as the cornerstone of fire safety legislation in England and Wales. Applicable to non-domestic premises and communal areas in multi-dwelling buildings like flats, it holds broad significance. 

Recent amendments under Section 156 of the Act have further fortified the Fire Safety Order, expanding its reach to augment fire safety protections for non-domestic buildings.

What is the purpose of the Fire Safety Order?

The Fire Safety Order imposes essential responsibilities on the designated "Responsible Person" for an applicable building. This individual is entrusted with taking necessary steps to assess the building's adequacy in protecting against potential fire hazards.

The Fire Safety Order mandates the Responsible Person for a relevant building to conduct comprehensive fire risk assessments, emphasising the need to ensure adequate protection against fire hazards. The identification of the Responsible Person depends on the building's characteristics:

• For buildings incorporating a workplace, the Responsible Person is the employer.
• In buildings without a workplace component, the Responsible Person is the individual with control over the premises engaged in any trade, business, or undertaking, whether for profit or non-profit activities.
• When neither of the above criteria applies, the building owner assumes the Responsible Person's role.

It's essential to recognise that the role of the Responsible Person can be assigned to multiple individuals. In scenarios such as mixed-use premises, like one with a supermarket on the ground floor and flats above, potential Responsible Persons may include:

• The commercial tenant functioning both as the person in control of the business and as the employer.
• The freeholder of the building and any applicable head lessee/Right to Manage Company.

Section 156 - Enhancing the Existing Protections under the Fire Safety Order  

Section 156 of the Act strives to fortify the current safeguards outlined in the Fire Safety Order, ensuring heightened protection for the occupants of a relevant building. The primary revisions introduced include:

Extending the Obligation to Record Fire Risk Assessments - Previously, the Fire Safety Order only required a written fire risk assessment where the Responsible Person employed five or more people or if there were any alterations notice in force requiring a risk assessment to be carried out.

The Act now requires all Responsible Persons to produce a written record of fire risk assessments and complete details of any fire safety arrangements made following the assessment, irrespective of the size or purpose of the business or premises in question.

Enhanced cooperation and coordination between the Responsible and Accountable Persons - The recent legislative changes modify the Fire Safety Order to explicitly mandate that a Responsible Person must engage only individuals who are adequately competent in conducting fire risk assessments, demonstrated through sufficient training, experience, or knowledge of fire safety.

For "high-risk buildings," defined as those over 18 meters in height or at least seven stories with a minimum of two residential units, the Responsible Person is further obligated to cooperate with the freeholder or any other entity holding management functions (who are defined in the Act as "Accountable Persons"). This cooperation is essential to support and facilitate the fulfilment of their duties under the Act.

Providing Information to Residents

For a block of flats, the Responsible Person must provide residents with clear, comprehensible information about fire safety matters concerning their building. This includes details on potential risks to residents, preventive and protective measures implemented, and information about the Responsible Person, including their name and address.

Get in touch for further help and advice

The above overview offers a comprehensive insight into the recent amendments to the 2022 Building Safety Act, with a specific focus on section 156. A clear understanding of these changes is vital to maintaining ongoing safety effectively.

If you need assistance or guidance on the recent provisions of the Fire Safety Order or any other Building Safety Act elements, feel free to reach out to Farouk Vahdati, our Property Litigation Specialist, on 023 8071 7407 or email faroukvahdati@warnergoodman.co.uk.