The Fire Safety Act 2021 (the Act) received Royal Assent on 29 April 2021 and commenced on 16 May 2022. The Act amends the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order). 

The Fire Safety (England) Regulations 2022 introduce new duties under the Fire Safety Order for building owners or managers (responsible persons).

Regulations made under Article 24 of the Regulatory Reform (Fire Safety) Order 2005

The Fire Safety (England) Regulations 2022 implemented the majority of the recommendations made by the Grenfell Tower Inquiry in its Phase 1 report which required a change in the law.

The regulations seek to improve the fire safety of blocks of flats in ways which are practical, cost effective for individual leaseholders and proportionate to the risk of fire.

The regulations came into force on 23 January 2023 following publication of guidance which was published on 6 December 2022.

Scope: For high-rise residential buildings (a multi-occupied residential building at least 18 metres in height or 7 or more storeys).

The Fire Safety Act (FSA) clarified the scope of the Fire Safety Order to make clear it applies to the structure, external walls (including cladding and balconies) and individual flat entrance doors between domestic premises and the common parts.

Duties: The Fire Safety (England) Regulations 2022, made under article 24 of the Fire Safety Order, impose new duties on responsible persons with regard to the areas brought within the Fire Safety Order by the Fire Safety Act, and commencement of section one of the Fire Safety Act was therefore a necessary precursor to the laying of these regulations.