Fire safety regulation in the UK has undergone its most significant transformation in decades. Driven by the recommendations of the Grenfell Tower Inquiry and a wide-ranging review of the regulatory framework, a series of legislative changes are reshaping what building owners, landlords, and facilities managers are required to do — and when.
For those responsible for non-domestic premises and residential buildings, understanding what has changed and what is coming is not just good practice. In many cases, it is now a legal obligation. This article sets out the key developments and what they mean in practice.
The legislative landscape: where we are now
The foundation of fire safety regulation in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (FSO). The FSO places responsibility on the ‘responsible person’ — typically the employer, building owner, or person in control of a premises — to carry out a fire risk assessment, implement appropriate fire safety measures, and maintain them on an ongoing basis.
Two significant pieces of legislation have amended and strengthened this framework in recent years:
Fire Safety Act 2021
Building Safety Act 2022
Higher-risk buildings: what has changed
The Building Safety Act 2022 created a new regulatory regime specifically for ‘higher-risk buildings’ — defined (for the purposes of the occupation phase) as buildings that are at least 18 metres or 7 storeys in height, and contain at least 2 residential units.
For these buildings, the Act introduced significant new obligations that go beyond the existing fire safety framework:
- Accountable Person registration — the Accountable Person (typically the building owner or freeholder) must be registered with the Building Safety Regulator
- Building Safety Case — a structured assessment of the building safety risks and the measures in place to manage them, which must be prepared and kept up to date
- Resident engagement — Accountable Persons must establish and implement a Resident Engagement Strategy
- Reporting obligations — mandatory reporting of certain safety incidents to the Building Safety Regulator
- ‘Golden thread’ of information — a digital record of building information that must be created, maintained, and passed on whenever the building changes hands
The penalties for non-compliance with the Building Safety Act are significant, including unlimited fines and up to two years’ imprisonment for the most serious failings.
Are you an Accountable Person?
If you own or have a repairing obligation for a residential building of 7 storeys or 18 metres or more, you are likely an Accountable Person under the Building Safety Act. You must register with the Building Safety Regulator if you have not already done so. Failure to register is a criminal offence.
Fire risk assessments: raised expectations
For all premises within scope of the FSO, the fire risk assessment (FRA) remains the cornerstone of compliance. However, the expectations around what a competent FRA looks like — and who can carry one out — have evolved considerably.
The Fire Safety (England) Regulations 2022 introduced new requirements for multi-occupied residential buildings, including:
- Monthly checks of communal fire doors and quarterly checks of flat entrance doors in higher-risk buildings
- Annual checks of all fire doors in buildings of 11 metres or more
- Providing residents with fire safety information, including information about evacuation procedures
- Displaying fire safety instructions in a conspicuous position in the common areas of the building
Beyond the residential sector, there is growing regulatory and judicial scrutiny of the quality and competence behind fire risk assessments. The National Fire Chiefs Council (NFCC) and the fire sector have moved towards a competence framework that expects assessors in complex or high-risk premises to hold recognised third-party accreditation. Building owners who rely on inadequate assessments face both legal and civil liability exposure.
PAS 79 and fire risk assessment quality
PAS 79 is the publicly available specification for fire risk assessments and fire risk management. Originally published in 2012 and updated in 2020, PAS 79-1 (for premises other than housing) and PAS 79-2 (for housing) set out best practice standards for how fire risk assessments should be carried out, recorded, and reviewed.
While PAS 79 compliance is not yet a statutory requirement, it is increasingly referenced by fire and rescue authorities, insurers, and courts as the benchmark for what a competent fire risk assessment looks like. For building owners and facilities managers, commissioning FRAs from assessors who work to PAS 79 standards provides both a stronger compliance position and a defensible record in the event of an investigation.
What to expect in 2026 and beyond
The regulatory environment for fire safety is continuing to evolve. Key developments to track in 2026 include:
- Building Safety Regulator activity — the BSR is actively scrutinising high-rise residential buildings and will increase its enforcement activity as the regime matures
- Grenfell Tower Inquiry Phase 2 Report implementation — the government has committed to implementing the recommendations from the inquiry, several of which will require further legislative change
- Competency requirements — proposals to introduce statutory competence requirements for fire risk assessors in higher-risk buildings are expected to progress
- Insurance implications — insurers are increasingly requiring evidence of compliant fire safety management as a condition of coverage, particularly for residential blocks
For non-domestic premises, the core message is unchanged: the FSO requires a current, competent fire risk assessment, and the responsible person must ensure that all significant findings are actioned. The difference in 2026 is that the regulatory and insurance scrutiny applied to non-compliance has never been greater.
Practical checklist for responsible persons
If you are a responsible person under the FSO, the following checklist covers the essential fire safety requirements for most non-domestic premises:
- Current fire risk assessment carried out by a competent person and reviewed whenever significant changes occur (at minimum annually)
- Significant findings actioned with a documented action plan and evidence of completion
- Adequate fire detection and warning systems in place, tested, and maintained
- Appropriate fire-fighting equipment in place, inspected, and serviced
- Clear and unobstructed escape routes with adequate emergency lighting and signage
- Fire safety information provided to staff and, in residential buildings, to residents
- Fire drills conducted at appropriate intervals and recorded
- Maintenance records kept for all fire safety systems and equipment
- Higher-risk building obligations checked if your building meets the Building Safety Act threshold
Don’t wait for an inspection to find the gaps:
The fire safety regulatory environment has never been more demanding. Whether you manage a small commercial premises or a large residential estate, a structured review of your current compliance position is the most effective way to identify and address any shortfalls before they become an enforcement issue.
