In recent years, there has been a growing concern about the fire safety standards in buildings, particularly in the wake of the Grenfell Tower tragedy. In response to this, the UK government has introduced the Building Safety Act 2022 (the Act), which aims to strengthen and improve fire safety regulations. Section 156 of the Act includes several significant changes that commercial clients should be aware of. The following duties came into force on 1 October 2023 and apply to all non-domestic premises.
Enhanced Duty to Manage
One of the key changes introduced under the Act is an enhanced duty to manage fire risks in non-domestic buildings. This means that a Responsible Person on Persons must be identified as being responsible for undertaking/reviewing any or all of the building’s fire risk assessment. This information, including their contact details and a UK-based address, should be made available to residents of multi-residential unit premises where applicable.
A Responsible Person can be an employer, a person in control of the premises or the owner subject to the specific circumstances.
Fire Safety Risk Assessment
The Building Safety Act requires the Responsible Person to carry out a Fire Safety Risk Assessment to identify any potential fire hazards in their premises. This assessment should take into account the size, layout, and occupancy of the building, as well as any specific risks posed by its contents.
Notification of Findings
Following the Fire Safety Risk Assessment, the full details of the risk assessment must be recorded. This new requirement replaces the previous requirement to record only the significant findings of the risk assessment.
Fire Safety Plans and Evacuation Procedures
The Responsible Person is now required to provide occupants with fire safety plans and evacuation procedures. These plans should outline the steps to be taken in the event of a fire, including the location of fire exits, assembly points, and emergency contact details.
Fire Safety Equipment and Alarms
The Building Safety Act also places greater emphasis on providing proper fire safety equipment and alarms in commercial buildings. This includes the installation of smoke detectors, sprinklers, and fire alarm systems, as well as regular testing of these systems to ensure they are in working order.
Enforcement and Penalties
To ensure compliance with the Building Safety Act, local authorities have been given increased powers to enforce the regulations. This includes the power to issue penalties, including fines and imprisonment, for building owners who fail to meet their responsibilities.
It is expected that, in response to the new requirements of the Act, many companies will appoint a company or person to make or review the fire risk assessment. Whilst this is acceptable under the Act, there will be an onus on the Responsible Person to ensure that the appointed party is competent. Companies should, therefore, undertake due diligence to ensure any appointed person has the relevant training and knowledge to undertake a Fire Risk Assessment on their behalf.
Other changes to be aware of include:
Building Liability Orders
The introduction of Building Liability Orders means workers can now benefit from a shared responsibility model, ensuring that safety obligations persist even if the original entity responsible for construction has been dissolved.
Defective Premises Act
Amendments to the Defective Premises Act show extensions to the liability period for compensation claims. For those working in commercial dwellings, both existing and new, this means an extended timeframe for addressing safety concerns, ensuring a safer and more durable work environment.
The Building Safety Act 2022 is a significant step towards improving fire safety in commercial buildings. By introducing enhanced duties and stricter enforcement of regulations, the Act aims to prevent fires and protect the lives of those who work in and visit non-residential premises.
The implantation of these further duties gives rise to the need for increased awareness when dealing with commercial or residential property matters.
If you require assistance with commercial or residential conveyancing services, get in touch with the residential or commercial property teams at O’Donnell Solicitors.
