Fire safety in rented accommodation

Larger houses in multiple occupation (HMOs), and some others, require licences under the Housing Act 2004. The licensing regulations provide some control over fire precautions because a local authority cannot issue a licence unless it is satisfied that appropriate fire precaution equipment and facilities are provided.[1]

Whether an HMO is subject to licensing or not, the Housing Health and Safety Rating System and the powers under Part 1 of the Housing Act 2004 applies.

Where a boarding house or hotel is of mixed use, the local authority can declare it an HMO. If it is subject to licensing as an HMO,[2] the local authority must be satisfied about the fire precautions in the property.

When a fire hazard is identified in an HMO, or in any common parts of buildings containing one or more flats, then the local authority must consult with the Fire and Rescue Authority before taking any of the enforcement actions available under Part 1 of the Housing Act 2004. However, if the authority is taking emergency remedial action, or making an Emergency Prohibition Order, then the duty to consult is only 'so far as it is reasonably practicable to do so'.[3]

For licensed HMOs, it is a mandatory condition of the licences that the licence holder should have installed adequate smoke alarms in the house, and provide to the local authority, on demand, a declaration as to the condition and positioning of such alarms.[4]

The Regulatory Reform (Fire Safety) Order 2005 requires the person responsible for premises to carry out a fire risk assessment. The assessment must focus on the safety in case of fire of all 'relevant persons' (anyone lawfully on or near the premises). The assessment should be conducted by the 'responsible person', and should:

• pay particular attention to those at special risk, such as disabled people and those with special needs

• include consideration of any dangerous substance likely to be on the premises

• ensure that there are adequate emergency routes and exits, and that these are kept clear at all times

The assessment aims to help identify risks that can be removed or reduced, and to decide the nature and extent of the general fire precautions required to protect people against the fire risks that remain.

Responsible person

Responsibility for complying with the order rests with the 'responsible person'. In a workplace, this is the employer and any other person who may have control of any part of the premises, for example the occupier or owner. In all other premises, the person or people in control of the premises is responsible. There is also a general duty of employees in places of work to take reasonable responsibility for their own safety, and that of other relevant persons, in the workplace, and inform their employer of any risks.

Premises

The Order applies to non-domestic premises, but some accommodation is included:

• sleeping accommodation for staff

• sleeping, dining or other accommodation for guests/residents

• common areas for residents

Where a building includes two or more domestic premises, the order applies to the:[5]

• structure and external walls of the building, including cladding, balconies and windows

• doors between the domestic premises and the common parts

In respect of HMOs, flats, and maisonettes, the regulations apply in addition to the provisions of the Housing Act 2004.

Enforcement

In most cases, responsibility for enforcement of the Order lies with the Fire and Rescue Authority for the area.

There is a range of enforcement powers available to the enforcing authority, including:

• alterations notices, requiring the responsible person to make changes to counteract risks

• enforcement notices, requiring the responsible person to comply with any provision of the Order (for example to carry out a risk assessment), where they have not done so

• prohibition notices, prohibiting use of the premises, where there is a serious risk

It is an offence for any responsible person to fail to comply with their fire safety duties under the Order, where that failure places one or more relevant persons at risk of death or serious injury in case of fire, or to fail to comply with any requirement imposed by an alterations notice or enforcement notice. It is also an offence for any person to fail to fail to comply with their general duty where that failure places one or more relevant persons at risk of death or serious injury, to take a variety of actions that will prevent persons from meeting duties or exercising powers under the Order, or to fail to comply with a prohibition notice.

On or after 6 April 2018, a local authority can apply to a First-tier Tribunal for a banning order where the landlord (or agent) has been convicted of failing to comply with their fire safety duties.[6]

Guidance

Guidance on the regulations as they apply to sleeping accommodation addresses sleeping accommodation for staff, common areas for residents and sleeping, dining or other accommodation for guests/residents including:

• guest houses, bed and breakfast accommodation, hotels, and motels

• hostels, for example YMCA, YWCA, youth hostels, bail hostels or homeless persons' accommodation

• refuges, for example family accommodation centres, halfway houses

• the common areas of houses in multiple occupation

• the common areas of flats and maisonettes

• the common areas of sheltered accommodation where care is not provided (separate guidance is available for sheltered accommodation where care is provided)

• student halls of residence and areas of sleeping accommodation in other training institutions

• holiday chalets, holiday flat complexes, camping, caravan and holiday parks (other than privately owned individual units)

• areas in work places where staff 'sleeping in' is a condition of the employment or a business requirement as in licensed premises or hotels

It should be noted that the guide is not intended for domestic premises, hospitals, residential care, or nursing homes. For more information, see the CLG guidance on hospitals and care homes).

The Fire Safety (England) Regulations 2022 require those responsible for high-rise residential buildings to take additional fire safety measures. The regulations also create requirements for buildings which contain two or more domestic premises.

A high-rise residential building is a building which is either at least 18 metres above ground level or has at least seven storeys.[7]

The ‘responsible person’ must comply with the regulations. This means the person who has control of the premises (as occupier or otherwise) for the purposes of a trade, business or other undertaking, or where this is not the case, the owner.[8]

Find out more about the role of the responsible person on Gov.uk.

The 'accountable person' is an organisation or individual who owns or has an obligation to repair common parts of a high-rise residential building. They must assess and manage building safety risks. In some cases the accountable person will also be the responsible person. Find out more about the role and duties of an accountable person on Gov.uk.

Design and materials of external walls

The responsible person must:[9]

• prepare information about the design and materials of a high-rise building’s external wall system with details of the level of risk identified in the risk assessment under the Regulatory Reform (Fire Safety) Order 2005 and any mitigating steps that have been taken

• inform the fire and rescue service of any material changes to these walls

• provide an electronic copy to the local fire and rescue authority[10]

Floor and building plans

The responsible person must:[11]

• prepare a plan for each floor of the high-rise residential building, including information about the location of lifts

• prepare a single-page building plan with key information regarding firefighting equipment

• place a hard copy of these plans in a secure information box on site

• provide an electronic copy to the local fire and rescue authority[12]

Routine safety checks

The responsible person must undertake routine monthly checks on:[13]

• the operation of lifts intended for use by firefighters, and evacuation lifts in their building

• the functionality of other key pieces of firefighting equipment, including fire detection and fire alarm systems including any detectors linked to ancillary equipment such as smoke control systems, evacuation alert systems, automatic door release mechanisms linked to fire alarm systems

Following these checks, the responsible person must:

• report any defective lifts or equipment to their local fire and rescue service as soon as possible after detection if the fault cannot be fixed within 24 hours

• report the rectification of the fault to the local fire and rescue service

• record the outcome of checks and make them available to residents

Installation of safety equipment

The responsible person must:

• install and maintain a secure information box in the building containing the name and contact details of the responsible person and hard copies of the building floor plans[14]

• install signage visible in low light or smoky conditions that identifies flat and floor numbers in the stairwells of relevant buildings[15]

Requirements for buildings over 11 metres in height with two or more domestic premises

In buildings over 11 metres in height and with two or more domestic premises, the responsible person must:

• undertake annual checks of flat entrance doors[16]

• undertake quarterly checks of all fire doors in the common parts[17]

Find statutory guidance on fire door safety on Gov.uk.

Requirements for all multi-occupied buildings with two or more domestic premises

If the building contains common parts through which residents would need to evacuate in an emergency, the responsible person must display fire safety instructions in a conspicuous part of the building.[18]

The responsible person must provide a copy to all new residents, all residents every 12 months, and after any material changes.

The responsible person must also provide key information about fire doors to the residents of the building.[19]