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01 October 2023, the Next Stage of the Building Safety Act Will Apply

Posted on September 14th, 2023

This has implications for landlords who have control over the communal parts of buildings (the responsible person). Typically, in the PRS this will mean landlords who let properties by the room.

Section 156 of the Building Safety Act updates the requirements around the performance of fire risk assessments and the provision of information to tenants about fire safety risks.

The new requirements mean that the responsible person must:

Record their completed fire risk assessment in writing, and in full (previously only specific information was required to be recorded).

Record the identity of the individual or company that has performed the fire risk assessment.

Demonstrate how fire safety is managed in the premises.

Share their contact information, including a UK based address with premises other responsible persons (if applicable) and the tenants.

Take reasonable steps to identify any other responsible persons in the same building.

Share all relevant fire safety information with incoming responsible persons when giving up control of the property.

Provide tenants with relevant fire safety information in a format that is easily understood.

The relevant fire safety information for tenants is:

The risks identified by the risk assessment.

The preventive and protective measures in place.

The name of the responsible person and a UK address where they, or their representative, can accept notices and documents.

The identity of any person appointed to assist with the risk assessment.

The identity of any competent persons nominated by the responsible person.

Any risks informed to the responsible person.

Any other matters specified in regulations made by the relevant authority.

Please note that, for landlords in England, this is in addition to the information that you are already required to provide because of the Fire Safety (England) Regulations 2022.

Competency of Fire Risk Assessors

Further updates around the competency of fire risk assessors employed by the landlord are also expected in the future. No date for this has been set but, in practice, most HMO landlords already employ a qualified professional to perform these risk assessments.

Article abridged from NRLA

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