In a block of flats the responsible person, usually the freeholder or the residents' or right to manage company, must have a written fire risk assessment of the common parts, act on it and keep it under review. Since 2023 every block with two or more flats must also give residents fire safety instructions and fire door information, and buildings over 11 metres need regular checks of communal and flat entrance fire doors. A managing agent organises the work; the responsibility stays with the company.
01Who is responsible
Fire safety in the shared parts of a block falls on the responsible person under the Regulatory Reform (Fire Safety) Order 2005. In most blocks that is the freeholder or the residents' or right to manage company, so in practice the directors. A managing agent organises the work; the responsibility stays with the company.
Since the Fire Safety Act 2021 the Order also covers the building's structure and external walls, including windows and balconies, and the front doors of the flats.
02The fire risk assessment
Every block needs a suitable and sufficient fire risk assessment of the common parts, acted on and kept under review. Since 1 October 2023 the whole assessment must be recorded in writing, along with who carried it out.
The law sets no fixed interval, but it must be reviewed whenever something changes and many boards review it every year. The actions it lists matter as much as the report: a board should be able to show what was done about each one.
03The 2022 regulations
The Fire Safety (England) Regulations 2022 added duties by building height:
- Two or more flats: give residents fire safety instructions and information about the importance of fire doors.
- Over 11 metres: also check communal fire doors every three months and use best endeavours to check flat entrance doors every year.
- Over 18 metres or seven storeys: also give the fire service plans and information, provide a secure information box and wayfinding signs, and check lifts for firefighters and key fire safety equipment every month. These buildings must also be registered with the Building Safety Regulator.
04What we do
We keep a compliance diary for every building we manage: the fire risk assessment and its actions, door checks where they apply, emergency lighting and alarm testing, with every certificate on file and visible to the directors in Servanda, our software.
05Questions
Who is responsible for fire safety in a block of flats?
The responsible person under the Regulatory Reform (Fire Safety) Order 2005, which in most blocks is the freeholder or the residents' or right to manage company, so in practice its directors. Each leaseholder is responsible for fire safety inside their own flat.
How often should a fire risk assessment be done for flats?
The law sets no fixed interval: it must be kept under review and revisited whenever something significant changes, such as works, a fire or new residents' needs. Many boards review it every year. Since October 2023 it must be recorded in full in writing.
Do flat front doors have to be fire doors?
In most blocks the flat entrance door is part of the escape route and should resist fire for a period, usually 30 minutes, and close by itself. In buildings over 11 metres the responsible person must use best endeavours to check flat entrance doors every year.
Who pays for fire safety work in a block of flats?
Usually all the leaseholders through the service charge, as the lease allows. For historical building safety defects in buildings over 11 metres or five storeys, the Building Safety Act 2022 protects many leaseholders from some or all of the cost; take advice on your building.
What fire safety information must residents be given?
In every block with two or more flats, residents must be given fire safety instructions, including what to do in a fire, and information about the importance of fire doors. In taller buildings more is required.
06Guides for directors
- Service charge estimate
- RICS regulated block managers in Essex
- The reserve fund
- Service charge arrears
- Service charge accounts
- Directors' duties in an RMC
- How to choose a managing agent
- A free service charge check
- Service charges explained
- Buildings insurance for blocks
- Fire safety in blocks of flats
- The Directors' Library
- What is block management?
- How to change managing agent
- Residents' management companies
- Right to manage
- Block management fees
- Section 20 major works
- New-build estate fees
- Estate management in Essex