© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
Consolidating legislation to reduce the burden on businesses is a key platform for the Government’s regulatory review. But this comes only at the expense of dealing with a large learning curve. Now is the time for block managers to understand these changes to fire safety regulations. One expert, Phil Jones, from Quantum Risk Management, explains: “From October 2006, there will be a new Order which will mean that the onus for assessing risk in the common parts of residential building falls to the owners, managers or employers of those working in apartment blocks.
“The emphasis is on prevention and risk assessments which must be carried out by what the regulations describe as a ‘competent’ person”.
Another expert, David Foster, ARMA’s Health & Safety consultant and a director of Eljay Health & Safety, agrees. He says: “The new Order seems to adopt a common-sense approach. People who are applying themselves to fire safety in a sensible manner have nothing to fear from the new regulations. In fact, it should assist them. However, the legal requirement for risk assessments and for them to be undertaken by competent persons should not be ignored.”
The Regulatory Reform (Fire Safety) Order provides a risk assessment-based system with specific people (i.e. ‘responsible persons’) charged with the responsibility for safety in any premises they manage or own. Where there is more than one ‘responsible person’ the law requires them to co-operate.
Add to these pieces of legislation, the myriad of additional fire safety regulations and the situation until now has become complex and confusing. Phil Jones has high hopes of the new Regulations cutting through this complexity and providing a main port of call. However, he says: “In principle the regulators appear to have succeeded in achieving their goal, which is to reduce burdensome layers of legislation. However, we shall have to wait over the coming months and years to see how the enforcement decisions interpret the new legislation”.
The main duty holder is the ‘responsible person’ in relation to the premises. It should always be remembered that in the case of a residential block, the common parts form a place of work for a number of different people, as well as forming the link to someone’s home. Employers and managers therefore must ensure the safety of employees as well as the well-being of the residents using the building.
Where more than five people are employed, risk assessments must record significant findings, safety measures taken and people identified as being especially ‘at risk’. Training, communication and provision of equipment are all part of the duties of the ‘responsible person’.
A further key issue for property managers is the need to ensure that emergency exit routes are kept clear at all times. This is not always an easy achievement in a residential block but again the ‘responsible person’ has an over-riding duty of care to ensure that exits are not obstructed and are clearly marked – with doors opening outwards.
Fire Certificates will no longer be issued by the Fire Authority on the enactment of the new Order. However, where a Fire Certificate is in force and reflects current standards this may be used as part of the fire risk assessment process.
The ‘responsible person’ has an over-riding duty to see to this but he or she must ensure that any person they appoint to assist with or undertake any preventative or protective measures is “competent”. Contravention of the Regulations can mean more than a fine. Phil Jones cautions: “A responsible person commits an offence if he or she fails to comply with the duties imposed by the Order. These are prosecutable through the Courts and fines or even imprisonment can result”.
Jo Jacobius is Press Officer, Association of Residential Managing Agents