The Fire Safety Act Explained For Building Owners And Responsible Persons
The Fire Safety Act 2021 was introduced to strengthen fire safety legislation and provide greater clarity on the responsibilities of those responsible for managing residential buildings. Following recommendations made after the Grenfell Tower tragedy, the legislation was designed to remove uncertainty around which parts of a building must be considered during a fire risk assessment and who is accountable for ensuring they remain safe.
If you’re a building owner, facilities manager, managing agent, landlord, or responsible person of a residential building and you’ve wondered how the Fire Safety Act affects your responsibilities, you’re not alone. Many people remain unsure about the practical implications of the legislation and how it works alongside existing fire safety laws.
In this blog, we’ll explain the Fire Safety Act in more detail, explore the key changes introduced, and outline what residential building owners and responsible persons need to do to remain compliant.
What is the Fire Safety Act?
The Fire Safety Act 2021 is legislation that amends certain parts of the Regulatory Reform (Fire Safety) Order 2005 (or the Fire Safety Order). Its primary purpose was to clarify that fire risk assessments for multi-occupied residential buildings with two or more sets of domestic premises must consider the structure and external walls of the building, including cladding, balconies, windows, and flat entrance doors that open onto common areas.
Before the introduction of the Act, there was uncertainty about whether these building elements fell within the scope of the Fire Safety Order. The Fire Safety Act removed this ambiguity and provided greater clarity for responsible persons carrying out fire risk assessments and managing fire safety within residential buildings.
The legislation officially came into force in May 2022 and forms part of wider building safety reforms introduced by the government to improve fire safety standards across England and Wales.
Why was the Fire Safety Act 2021 introduced?
The introduction of the Fire Safety Act 2021 was largely driven by recommendations arising from the Grenfell Tower Inquiry. The tragedy highlighted concerns around external wall systems, combustible materials, fire compartmentation, and the clarity of existing fire safety legislation.
The government identified the need for clearer legal responsibilities to ensure fire risks associated with external walls and flat entrance doors were properly assessed and managed.
By clarifying the scope of fire risk assessments, the Act helps responsible persons identify hazards more effectively and implement appropriate fire safety measures to protect residents and building occupants.
What changed under the Fire Safety Act?
One of the most important aspects of the Fire Safety Act is that it expanded and clarified the areas that must be considered during a fire risk assessment.
Key changes include:
External walls
Responsible persons must now consider:
- Cladding systems
- Insulation materials
- Balconies
- External attachments
- Windows and external wall construction
These elements can contribute significantly to fire spread and must be included within fire risk assessments where applicable.
Flat entrance doors
The Act clarified that flat entrance doors opening onto communal areas fall within the scope of the Fire Safety Order.
This means responsible persons must consider:
- Fire resistance performance
- Self closing mechanisms
- Door condition and maintenance
- Potential routes for smoke and fire spread
Fire risk assessment responsibilities
The Act reinforces the importance of conducting suitable and sufficient fire risk assessments and ensuring they remain up to date as buildings, occupants, and risks change.
Who does the Fire Safety Act apply to?
The legislation applies primarily to multi-occupied residential buildings and affects a range of stakeholders, including:
- Building owners
- Managing agents
- Freeholders
- Facilities management companies
- Housing associations
- Property management companies
- Responsible persons under the Fire Safety Order
Those with responsibility for the common parts of a building must ensure fire risks are properly assessed and managed.
How does the Fire Safety Act affect fire risk assessments?
As we’ve mentioned, the Fire Safety Act 2021 places greater emphasis on comprehensive fire risk assessments.
Assessments should now consider:
- External wall construction
- Cladding systems
- Fire stopping measures
- Flat entrance doors
- Means of escape
- Fire detection systems
- Emergency lighting
- Passive fire protection measures
Regular reviews of fire risk assessments are also essential to ensure the assessment remains accurate and reflective of current building conditions.
How does the Fire Safety Act apply to fire doors and external walls?
Fire safety doesn’t stop at fire alarms and escape routes. The Fire Safety Act clarifies that the way a building is constructed, maintained, and compartmentalised should also be considered as part of a fire risk assessment as these elements have a major impact on how fire and smoke spread.
Fire doors
Fire doors are designed to slow the spread of fire and smoke, helping to protect escape routes and give occupants more time to evacuate safely. Under the Fire Safety Act, flat entrance doors that open onto communal areas must be considered as part of the building’s fire risk assessment.
This means responsible persons should ensure these doors are correctly installed, in good condition, self closing where required, and capable of providing the intended level of fire resistance. Communal fire doors should also be regularly checked, maintained, and repaired where defects are identified.
External walls and cladding
The Fire Safety Act also clarified that external wall systems must be included within the scope of fire risk assessments for relevant buildings. This includes cladding, insulation, balconies, windows, and other attachments that could affect how fire spreads externally.
For building owners and managing agents, this means external materials should be properly assessed to identify whether they present an increased fire risk. Where concerns are identified, further specialist investigation or remedial action may be required to ensure the building remains safe.
Passive fire protection
Passive fire protection includes the built in measures that help contain fire and smoke. Such measures typically include fire stopping, cavity barriers, compartment walls, and floors.
When passive fire protection is damaged, poorly installed, or not properly maintained, fire can move through hidden voids, service penetrations, or unprotected gaps. As part of a wider fire safety strategy, these systems should be inspected, documented, and maintained to support safe evacuation and reduce the risk of fire spread.
What’s the difference between the Fire Safety Act and the Fire Safety (England) Regulations?
Many people confuse these two pieces of legislation, but they both serve different purposes.
The Fire Safety Act 2021 clarifies what must be included within fire risk assessments.
The Fire Safety (England) Regulations 2022 on the other hand, introduced additional practical duties under Article 24 of the Fire Safety Order for responsible persons of high-rise buildings at least 18 metres in height or 7 or more storeys. This includes requirements relating to fire door inspections, resident information, and information sharing with fire and rescue services.
Together, these regulations create a more comprehensive framework for managing fire safety with residential buildings.
Find out how we can help with your responsibilities
Understanding and complying with the Fire Safety Act 2021 can be challenging, particularly for organisations responsible for multiple buildings or complex premises.
At Pyrotec, we provide professional fire risk assessments, fire door inspections, passive fire protection services, fire alarm systems, emergency lighting, and ongoing compliance support.
Whether you’re a residential building owner, facilities manager, or managing agent, our experienced team can help you understand your obligations and ensure your fire safety arrangements remain compliant.
Don’t hesitate to get in touch with our team today to discuss your fire safety requirements and learn how we can support your compliance with the Fire Safety Act.
Fire Safety Act FAQs
- Does the Fire Safety Act apply to commercial buildings?
- The Fire Safety Act was primarily introduced to address fire safety concerns within multi-occupied residential buildings. However, the Regulatory Reform (Fire Safety) Order 2005 still applies to a wide range of commercial premises, including offices, hotels, restaurants, care homes, and hospitality venues. Responsible persons within these environments must continue to carry out suitable and sufficient fire risk assessments and maintain appropriate fire safety measures.
- Do I need to update my fire risk assessment because of the Fire Safety Act?
- You may need to update your fire risk assessment if your current assessment doesn’t properly consider flat entrance doors, external walls, balconies, cladding, or other relevant building elements. If your assessment was completed before the Fire Safety Act 2021 came into force, or if your building has changed since then, it’s worth arranging a professional review with our assessors here at Pyrotec.
- What should I do if my external walls or cladding are identified as a fire risk?
- If your external walls or cladding are identified as a potential fire risk, the responsible person should seek specialist advice and follow the recommendations set out in the fire risk assessment. This may involve further investigation, interim safety measures, remedial works, or additional communication with residents and relevant authorities.
- What records should responsible persons keep under the Fire Safety Act?
- Responsible persons should keep clear records of fire risk assessments, reviews, fire door checks, maintenance activity, remedial works, and communication with residents where applicable. Good record keeping helps demonstrate that fire safety responsibilities are being actively managed and provides evidence during inspections or audits.
- What happens if a responsible person doesn’t comply with the Fire Safety Act?
- Failure to comply can lead to enforcement action, improvement notices, fines, or prosecution. More importantly, it can leave occupants at greater risk if fire hazards aren’t properly identified and managed. Taking timely action on fire risk assessment findings is essential for both safety and compliance.
