Does the Fire Safety Order apply to blocks of flats?

It applies to the shared parts. The Regulatory Reform (Fire Safety) Order 2005 covers the common areas of multi-occupied residential buildings: stairwells, corridors, lobbies, entrance halls, lifts, bin stores, plant rooms and roof spaces. It does not cover the inside of a flat that is somebody's private home.

The responsible person is whoever controls those shared areas. That may be a freeholder, a landlord, a managing agent or a residents' management company, and sometimes more than one of them.

What did the Fire Safety Act 2021 change?

The Fire Safety Act 2021 made it clear that, in a building with two or more sets of domestic premises, the responsible person's assessment has to look beyond the corridors. It brings in:

the building's structure and its external walls, including cladding, balconies and windows
the entrance doors to individual flats that open onto the common parts

The changes came into force in England on 16 May 2022. Older assessments that never looked at these elements may no longer be enough.

What are the Fire Safety (England) Regulations 2022?

These regulations add duties for responsible persons in residential buildings with two or more sets of domestic premises. Some apply whatever the height, such as giving residents fire safety instructions and information about the importance of fire doors. Taller buildings carry more, including regular checks on fire doors and, above a higher threshold, items such as floor plans and information for firefighters. They have applied since 23 January 2023.

The detail depends on how tall your building is and how the height is measured, so read the government's guidance on the Fire Safety (England) Regulations 2022 and ask the assessor what applies to you.

What about houses in multiple occupation?

A house let to three or more tenants who form more than one household, and who share a kitchen, bathroom or toilet, is a house in multiple occupation, or HMO. The landlord usually controls the shared areas, so the Fire Safety Order normally applies to those parts.

Councils have separate powers under the Housing Act 2004. A larger HMO needs a licence from the local council, and councils can add their own schemes, with conditions that often include fire precautions. An assessment under the Fire Safety Order does not replace those conditions, so check with your council as well.

What does an assessment of the common parts look at?

The assessor will typically examine:

escape routes and whether the evacuation plan still suits the building
fire doors, their closers, seals and the condition of the flat entrance doors
gaps where pipes or cables pass through walls and floors
alarms, smoke ventilation and emergency lighting in the shared areas
electrical cupboards, risers, meter rooms and bin stores
items left in escape routes, such as bicycles, buggies, mobility scooters and furniture
external walls, balconies and anything attached to them
signs, and what residents are told about what to do

Is this the same as an external wall survey?

No. A fire risk assessment is a legal duty that looks at the whole shared building. An external wall appraisal, sometimes requested by lenders when a flat is sold or remortgaged, is a separate document with a different purpose. The assessment should consider the external walls, but one does not replace the other.

What should residents be told?

Residents need to know how to leave and what to do if a fire starts elsewhere in the building. They also need to know why fire doors matter, why they should be kept shut and why escape routes must stay clear. Clear notices and a short letter or leaflet at move-in and each year after are the usual ways to do it.

Who enforces the rules in Hertfordshire?

Hertfordshire Fire and Rescue Service is the enforcing authority for most buildings in the county, and its business fire safety team also deals with the common areas of flats. A building near the county boundary may fall under another service.

What should I ask an assessor?

Have you assessed blocks like mine, or shared houses?
Are you on a competence register, such as the Institution of Fire Engineers (IFE), or is your firm third-party certificated, for example to BAFE scheme SP205?
Will you look at external walls and flat entrance doors?
Will you follow a recognised, published method for the assessment, and which one?
Will the report rank the actions by priority?

Check any scheme or register named on its own website.

What should I include in my enquiry?

the postcode, number of storeys and approximate number of flats or lettings
whether it is a purpose-built block, a conversion or a shared house
the age of the building, if known
whether there is a lift, a communal alarm or a licence
the date of any earlier assessment
who manages the building

What happens after I send it?

Asking costs nothing and you are not committed. Where an assessor covers your postcode, they agree the scope and terms with you directly.

Who you will hear from

We pass your enquiry to one local fire risk assessor, if one covers your postcode. It is never sent to a list of companies. If nobody covers your postcode, we will tell you and will not pass your details on.