How the Fire Safety Act 2021 Expands Your Liability in 2024

The Fire Safety Act 2021 came into force in England and Wales in May 2022. Its scope is wider than most building managers realise. It now applies to all multi-occupied residential buildings — not just high-rises. If you manage a block of flats, a student hall, or a hotel with residential suites, this regulation affects you.

The Scope Expanded Beyond High-Rises

Before the Fire Safety Act 2021, the Regulatory Reform (Fire Safety) Order 2005 applied mainly to non-domestic premises. Residential buildings above 18 metres got extra attention after Grenfell. But the new Act closes a gap. It now covers the common parts of all multi-occupied residential buildings, regardless of height.

That means a three-storey mansion block in Mayfair is in scope. A converted Victorian terrace in Manchester with four flats is in scope. A purpose-built student accommodation block in Birmingham is in scope.

The responsible person — usually the landlord, freeholder, or managing agent — must now ensure a fire risk assessment covers the building's structure, external walls, and balconies. This includes cladding, insulation, and any flat entrance doors.

What the Fire Risk Assessment Must Now Include

The fire risk assessment is not new. But its scope has changed. Under the Fire Safety Act 2021, the assessment must specifically address:

• The building's structure and external walls, including cladding and insulation materials
• Balconies and their fire performance
• Flat entrance doors (previously only communal area doors were covered)
• Any other doors in the common parts

For buildings over 11 metres, the assessment must also consider the fire performance of external wall systems. For buildings over 18 metres, additional requirements apply, including monthly inspections of fire doors and quarterly checks of evacuation lifts.

One facilities manager I spoke to in London described the change this way: "We used to focus on the corridors and stairwells. Now we have to know what's behind the cladding on every elevation. It's a different level of detail."

Who Is the Responsible Person

The Fire Safety Act 2021 clarifies who holds responsibility. In most residential buildings, it is the person who has control of the premises. That could be:

• The freeholder or head lessee
• The managing agent
• The residents' management company
• The building owner

If you manage a hotel with residential apartments, you are likely the responsible person for the common parts. If you manage a block of leasehold flats, the freeholder or management company typically holds the duty.

The responsible person must record their fire risk assessment in full. They must share it with residents on request. They must also provide fire safety information to new residents when they move in.

Enforcement and Penalties

Local fire and rescue authorities enforce the Fire Safety Act 2021. They can inspect premises at any time. If they find non-compliance, they can issue:

• An alteration notice requiring changes to the premises
• An enforcement notice requiring specific actions by a deadline
• A prohibition notice restricting use of all or part of the building

Penalties for non-compliance are serious. Individuals can face unlimited fines and up to two years in prison. Companies can face unlimited fines. Directors and officers can be personally liable.

In 2023, a London landlord was fined £180,000 for failing to provide a suitable fire risk assessment for a 12-flat building. The assessment had not covered the external wall system. The landlord argued it was an oversight. The court disagreed.

What This Means for Building Managers in Practice

If you manage residential buildings, here is what you need to do now.

First, review your fire risk assessment. Does it cover the building's structure, external walls, and balconies? Does it include flat entrance doors? If not, commission a new assessment from a competent fire risk assessor. The Fire Industry Association maintains a register of accredited assessors.

Second, check your records. You must keep a written record of your fire risk assessment. You must also record any significant findings and the actions you have taken. If you have not updated your records since 2021, they are likely incomplete.

Third, communicate with residents. The Act requires you to provide fire safety information to residents. This includes the fire risk assessment summary, evacuation procedures, and information about fire doors. Residents must know not to prop open fire doors and to report any damage.

Fourth, plan for ongoing compliance. Fire risk assessments are not a one-time exercise. You must review them regularly and whenever there is a material change to the building. A new cladding system, a change of use, or a refurbishment all trigger a review.

For buildings over 11 metres, you must also carry out quarterly inspections of fire doors in common parts and annual checks of flat entrance doors. For buildings over 18 metres, monthly inspections of fire doors and quarterly checks of evacuation lifts are required.

How Technology Can Help

Keeping track of fire safety compliance across multiple buildings is a data problem. You need to know which assessments are due, which actions are outstanding, and which buildings have passed inspection.

This is where a building management platform like Herman can help. Herman tracks compliance tasks, stores fire risk assessment records, and sends reminders when inspections are due. It can also monitor fire alarm systems, emergency lighting, and other safety equipment in real time.

One hotel group in Dubai uses Herman to manage fire safety across 12 properties. The platform alerts the chief engineer when a fire door inspection is overdue. It logs every inspection result. It generates reports for the local civil defence authority. The group's safety manager told us: "Before Herman, we had spreadsheets and paper files. We missed two inspections in one year. Now we don't miss any."

For UK buildings, Herman can integrate with your existing BMS and fire alarm systems. It can log fire alarm tests, record false alarms, and track remedial actions. It can also store your fire risk assessment and make it available to residents on request.

Where to Start

If you manage residential buildings in England or Wales, the Fire Safety Act 2021 applies to you. Start by reviewing your current fire risk assessment. If it does not cover the building's structure, external walls, and flat entrance doors, commission a new one.

Then check your record-keeping. Make sure you have a written record of the assessment and any actions taken. Communicate with residents about fire safety. Set up a schedule for ongoing inspections and reviews.

If you want to simplify compliance across your portfolio, see how Herman handles fire safety management. It tracks inspections, stores records, and alerts you when action is needed. No spreadsheets. No missed deadlines.

— The HermanWa Team