Section 156 of the Building Safety Act 2022 came into force in October 2023, amending the Regulatory Reform (Fire Safety) Order 2005 and strengthening the duties placed on responsible persons.

At the time, the change was widely discussed. Many building owners, landlords, facilities managers, managing agents and employers recognised that fire safety duties had become more explicit.

The issue now is no longer awareness.

The issue is implementation.

Responsible persons should now be able to show that the changes have been embedded into the management of the building. That means clear records, current fire risk assessment information, effective cooperation with other duty holders and evidence that fire safety arrangements are being reviewed, maintained and acted upon.

What Section 156 changed in practice

Section 156 increased the emphasis on recording, sharing and maintaining fire safety information.

It strengthened the requirement for responsible persons to record fire risk assessment findings and fire safety arrangements, regardless of the size of the business. It also reinforced duties around cooperation and coordination where more than one responsible person has duties in the same premises.

This is particularly important in multi-tenanted buildings, mixed-use premises and managed residential environments.

Fire safety responsibilities rarely sit with one person in isolation. A landlord may control common parts. A tenant may control internal areas. A managing agent may arrange maintenance. Contractors may hold servicing records. A facilities team may manage weekly testing.

Where these responsibilities overlap, the law expects responsible persons to cooperate and coordinate.

If responsibility is unclear, or if records are fragmented across several parties, the building’s compliance position becomes weaker.

Why an “in-date” fire risk assessment is not enough

A common mistake is treating the fire risk assessment as a fixed document with an expiry date.

The more important question is whether the assessment is suitable and sufficient for the building as it is currently used.

A fire risk assessment should reflect current layout, occupancy, escape strategy, fire detection provision, alarm category, emergency lighting, fire doors, compartmentation, evacuation arrangements and the maintenance regime supporting the fire safety systems.

If the building has changed, the assessment may need to change.

That includes changes in occupancy, working patterns, tenant activity, room use, storage arrangements, escape route management, fire loading, vulnerable occupants or the introduction of new risks such as lithium-ion battery charging or EV charging infrastructure.

An assessment written several years ago may have been suitable at the time. That does not mean it remains suitable today.

Fire systems need to be assessed in context

Fire alarms, emergency lighting, fire extinguishers, fire doors and compartmentation should not be viewed as separate compliance items.

They form part of the building’s wider fire strategy.

For example, the fire alarm category needs to be suitable for the premises, the occupancy profile and the evacuation strategy. Emergency lighting must support safe escape along relevant routes. Fire doors need to maintain compartmentation and protect escape routes. Detection coverage needs to reflect the actual risk areas in the building.

If the building use has changed, the system design assumptions may no longer be correct.

That is why fire safety compliance cannot simply rely on historic installation certificates or old drawings. Systems must be reviewed against the current risk profile of the building.

Resident information and multi-occupied buildings

In buildings containing two or more sets of domestic premises, responsible persons should also consider whether residents are receiving relevant fire safety information in a format they can understand.

This can include information about identified fire risks, the fire safety measures in place and what residents should do in the event of a fire.

For landlords, managing agents and those responsible for residential buildings, this is an important part of the wider shift towards clearer information, better record keeping and more transparent fire safety management.

The evidence gap

In many buildings, the issue is not that no work has been done.

The issue is that the evidence is incomplete.

Service visits may have taken place, but reports may not be stored centrally. Weekly alarm tests may be carried out, but not recorded consistently. Emergency lighting checks may be missed. Fire door remedial actions may be identified, but not tracked through to completion. Fire risk assessment actions may be assigned, but not closed.

During an inspection or incident investigation, verbal reassurance carries limited weight.

The responsible person needs to demonstrate what has been done, when it was done, who did it, what was found and what action followed.

This is why logbooks, service certificates, fault histories, maintenance reports, remedial action trackers and fire risk assessment reviews are so important.

Documentation is part of the control system.

Cooperation between responsible persons

The duty to cooperate is one of the areas most likely to create practical difficulty.

In a multi-occupied building, each responsible person may only control part of the premises. However, fire does not respect lease boundaries, management agreements or internal reporting structures.

A failure in one area can affect the safety of the wider building.

Responsible persons need to understand where their duties begin and end, but they also need to share relevant information with others. This can include fire risk assessment findings, escape route arrangements, maintenance records, known defects, evacuation procedures and information about vulnerable occupants where relevant.

If no one has a complete view of the building risk, important gaps can be missed.

Are you compliant, or assuming you are?

For many organisations, the challenge is not deliberate non-compliance. It is the assumption that because systems exist, compliance is being managed.

That assumption can create risk.

A fire alarm may be installed but no longer suitable for the occupancy profile.

Emergency lighting may be present but not properly tested.

Fire doors may have been inspected but not repaired.

A fire risk assessment may exist but not reflect current use.

Service records may be held by different contractors and not reviewed by the responsible person.

Actions may be raised but not tracked.

The Building Safety Act has made the expectation clearer. Fire safety arrangements need to be active, recorded and demonstrable.

What responsible persons should review now

Responsible persons should start by reviewing whether their fire risk assessment reflects the premises as they are today.

They should then look at whether all fire safety systems are being maintained in line with relevant standards, whether records are complete, whether defects are being closed out and whether responsibility is clearly allocated.

For buildings with multiple duty holders, cooperation arrangements should be reviewed. This includes how information is shared, how actions are tracked and how changes to the building are communicated.

The key question is not simply whether fire safety arrangements exist.

It is whether they are suitable, maintained, coordinated and evidenced.

The direction of travel

Fire safety compliance is becoming more evidence-led. Responsible persons are expected to understand the risk profile of their building and demonstrate how that risk is being managed.

The strongest position is to review before an inspection, incident or insurance query exposes a gap.

New Path group companies provide fire risk assessments, fire alarm installation and maintenance, emergency lighting, fire extinguisher servicing, fire door support, fire stopping and wider fire safety services across Southern England.

To review your building’s fire safety arrangements, contact New Path or your local group company directly.

Get in touch today:

02380 269 833 | [email protected]