http://www.legislation.gov.uk/id/uksi/2005/1541

http://www.legislation.gov.uk/uksi/2005/1541/article/21A

The Regulatory Reform (Fire Safety) Order 2005

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Statute Law Database

REGULATORY REFORM, ENGLAND AND WALES

2024-05-16

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2024-04-25

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe and a duty to carry out a risk assessment. The Order imposes a number of specific duties in relation to the fire precautions to be taken. The Order provides for the enforcement of the Order, appeals, offences and connected matters. It amends or repeals other primary legislation concerning fire safety to take account of the new system and provides for minor and other consequential amendments, repeals and revocations. The Order also gives effect in England and Wales to:Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p. 1) (“the Framework Directive”) (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b)));Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p. 19) (“the Temporary Workers' Directive”) (except for provisions on the responsibility of host undertakings to temporary workers (article 8));article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p. 1) (“the Workplace Directive”);articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of young people at work;Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p. 11 ) (“the Chemical Agents Directive”); andCouncil Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p. 57) (“the Explosive Atmospheres Directive”),

The Regulatory Reform (Fire Safety) Order 2005

art. 9A

Building Safety Act 2022

s. 156(4)

s. 170(4)(b)

(c)

PART 2FIRE SAFETY DUTIES

F1Provision of information to residents of domestic premises21A

1

This article applies in relation to a building containing two or more sets of domestic premises.

2

The responsible person must give residents of the domestic premises comprehensible and relevant information about the relevant fire safety matters.

3

The relevant fire safety matters are—

a

the risks to residents of the domestic premises identified by the risk assessment;

b

the preventive and protective measures;

c

the name of the responsible person and an address in the United Kingdom at which the responsible person, or someone acting on their behalf, will accept notices and other documents;

d

the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9;

e

the identity of any persons nominated by the responsible person under article 13(3)(b);

f

any risks of which the responsible person has been informed under article 22(1)(c);

g

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

4

The information is to be provided at such times, and in such form, as may be specified in regulations made by the relevant authority.

5

The responsible person must keep records of the relevant fire safety matters.

6

The “relevant authority”—

a

in relation to premises in England, means the Secretary of State;

b

in relation to premises in Wales, means the Welsh Ministers.

7

Regulations under this article are to be made by statutory instrument.

8

A statutory instrument containing regulations made by the Secretary of State under this article is subject to annulment in pursuance of a resolution of either House of Parliament.

9

A statutory instrument containing regulations made by the Welsh Ministers under this article is subject to annulment in pursuance of a resolution of Senedd Cymru.