If you are a director of a Residents’ Management Company (RMC) or a Right to Manage (RTM) company, fire safety is the area where your company is most likely to carry direct legal responsibility, and where getting things wrong matters most.
The rules for blocks of flats in England have changed a great deal since 2022. This guide explains who is responsible, what the law now requires, and the practical steps your board should take.
Who is the “Responsible Person”?
Fire safety in the common parts of a block is governed by the Regulatory Reform (Fire Safety) Order 2005, usually called the Fire Safety Order. It places legal duties on the Responsible Person.
In most blocks, this is the freeholder or the company that controls the building, which is often the RMC or RTM company. There can be more than one Responsible Person, for example a freeholder and an RTM company. Each has duties to the extent of its control, and they must cooperate and share information.
Appointing a managing agent does not hand the company’s responsibility to someone else. A good agent will organise and monitor compliance on your behalf, but the board should still know what is being done, and be able to show it.
What does the Fire Safety Order cover?
The Fire Safety Order applies to the common parts of a block, such as hallways, stairs, landings, bin and plant rooms. The Fire Safety Act 2021, in force since 16 May 2022, confirmed that in buildings with two or more flats it also covers:
- the structure of the building
- the external walls, including windows, doors and anything attached to them, such as balconies
- flat entrance doors that open onto the common parts.
The inside of individual flats is generally outside the Order. However, your fire risk assessment should now consider the building as a whole, not just the communal hallway.
The fire risk assessment
The Responsible Person must make sure a suitable and sufficient fire risk assessment is carried out and kept under review. Since 1 October 2023, changes made by the Building Safety Act 2022 mean you must:
- record the fire risk assessment in full, including all of its findings
- record your fire safety arrangements
- record the name of the person, and where relevant the organisation, who carried out the assessment.
The law does not set a fixed review interval. The assessment must be reviewed whenever there is reason to think it is no longer valid, for example after works, alterations, a change in how the building is used, or a fire. In practice, most blocks also have it reviewed on a regular cycle that reflects the level of risk.
Government guidance recommends checking that your assessor has suitable training, experience and knowledge. A specific legal duty to appoint only a competent assessor has been legislated for but, at the time of writing, has not yet been brought into force. The new British Standard BS 8674:2025 provides a useful benchmark when choosing an assessor.
An assessment is only useful if its actions are completed. Recommendations that sit unresolved for months are a real risk to residents, and could be used as evidence against the company if something goes wrong.
What you must tell residents
Under the Fire Safety (England) Regulations 2022, in force since 23 January 2023, every block with two or more flats must give residents:
- fire safety instructions, covering how to report a fire, what to do if there is one, and the building’s evacuation strategy
- information on the importance of fire doors.
These must be given to new residents as soon as reasonably practicable after they move in, and re-issued to all residents at least every 12 months.
Since 1 October 2023, residents must also be told, in a format that is easy to understand:
- the risks identified in the fire risk assessment
- the fire safety measures in place
- the Responsible Person’s name and UK address
- who carried out or helped review the fire risk assessment.
Combining all of this in a single, clear resident fire safety pack is the simplest way to meet both sets of requirements.
Extra duties depending on building height
Some duties apply only above certain heights, so every board should know how tall its building is.
| Building | Additional duties |
|---|---|
| All blocks with two or more flats | Resident fire safety instructions and fire door information (see above). |
| Blocks with storeys above 11 metres | Check communal fire doors at least every three months. Use best endeavours to check flat entrance doors at least every 12 months. |
| High-rise blocks (at least 18 metres or seven storeys) | All of the above, plus: electronic floor and building plans for the local fire and rescue service, information about the external walls, a secure information box on site, wayfinding signage, monthly checks of firefighting lifts and key firefighting equipment, and reporting faults not fixed within 24 hours. |
Higher-risk buildings also fall under a separate regime under the Building Safety Act 2022, which requires registration with the Building Safety Regulator and places duties on the “Accountable Person”. That regime is beyond the scope of this guide, but if your building is 18 metres or more and you are unsure of its status, take advice promptly.
A note on flat entrance doors
In many leases, the flat entrance door forms part of the leaseholder’s flat. The duty to check it under the regulations still applies, but who is responsible for repairing or replacing it depends on the lease. Leaseholders should allow access for inspections. Where they do not, keep a clear record of every attempt you have made.
Who pays for fire safety work?
It is easy to assume that fire safety costs are automatically recoverable through the service charge. They are not. Whether a cost can be recovered depends on what the lease allows, and larger projects may require consultation with leaseholders under Section 20 before work starts. Our Section 20 guide for directors explains how that process works.
Fire safety work can be expensive, particularly where doors, compartmentation or external walls are involved. Planning ahead through the annual budget and, where the lease allows, a reserve fund, helps avoid large unexpected demands.
What happens if it goes wrong?
Fire safety is enforced by the local fire and rescue authority, which here is Devon & Somerset Fire and Rescue Service. Fire inspectors can visit, ask for records and issue formal notices requiring improvements or restricting use of the building.
Serious failures can be criminal offences, which may lead to unlimited fines and, in the most serious cases, imprisonment. Beyond the legal consequences, the real risk is to the safety of the people who live in your building.
Practical steps for directors
- Confirm who the Responsible Person is, and identify any others for the building.
- Check your fire risk assessment is current, recorded in full, and carried out by a suitably qualified assessor.
- Track every action from the assessment through to completion, with dates and evidence.
- Know your building’s height, and which extra duties apply as a result.
- Run a fire door programme, including inspection records and attempts to gain access.
- Issue a resident fire safety pack to new residents and to everyone at least every 12 months.
- Keep testing and maintenance records for fire alarms, emergency lighting and firefighting equipment.
- Keep common parts clear of stored items, and agree a policy on charging mobility scooters and e-bikes inside the building.
- Make fire safety a standing item on your board agenda.
For more on your wider role, see our guide to the duties, risks and best practice for RMC directors, and our autumn block maintenance checklist.
How Larchfield can help
We manage residential blocks across Torbay, including high-rise buildings. As part of our block and estate management service, we arrange fire risk assessments with independent assessors, track actions through to completion, organise fire door inspections, prepare resident information, and report clearly to your board so you can see exactly where things stand.
Not sure your block’s fire safety arrangements are where they should be? Get in touch with our team.
In the event of a fire or any risk to life, always call 999 first.
Useful official guidance
- Fire Safety (England) Regulations 2022 – GOV.UK
- Fire safety responsibilities under Section 156 of the Building Safety Act 2022 – GOV.UK
- Fire Safety Act 2021 factsheet – GOV.UK
- Fire safety law has changed – Devon & Somerset Fire and Rescue Service
This article is general guidance for directors of residential management and RTM companies in England, and is not legal advice. Every lease and building is different. Take specific professional advice where significant costs, risks or disputes are involved.
