Building Safety Act 2022 - Section 156
Section 156 of the Building Safety Act (BSA) 2022 is being commenced in October this year, except for subsection 4 (on the competence of FRAs).
These requirements apply to all non-domestic premises, such as where people work, visit or stay, including workplaces, and the non-domestic parts of multi-occupied residential buildings (e.g. communal corridors, stairways, plant rooms). The requirements do not apply to individual domestic premises.
The new legislation has the effect of amending the Fire Safety Order to:
require that all Responsible Persons must record their completed fire risk assessment, and in full (where previously only specific information was required to be recorded)
require that all Responsible Persons must record the identity of the individual (their name), and/or if applicable, their organisation (name) engaged by them to undertake/review any or all of the fire risk assessment
require that all Responsible Persons must record their fire safety arrangements (demonstrate how fire safety is managed in your premises)
require that all Responsible Persons must record (and as necessary update) their contact information, including a UK based address, and share this with other Responsible Persons and residents of multi-occupied residential premises where applicable
require that all Responsible Persons must take reasonably practicable steps to ascertain the existence of other Responsible Persons who share or have duties in respect of the same premises, and of Accountable Persons (which are a new legal entity made under the Building Safety Act in the case of higher-risk residential buildings) in relation to the premises - they must then identify themselves to said persons
require that departing Responsible Persons must share all ‘relevant fire safety information’ with incoming Responsible Persons
require Responsible Persons of a building containing two or more sets of domestic premises to provide residents with relevant fire safety information in a format that is easily understood by the residents
increase the level of fines for some offences
strengthen the status of statutory guidance issued under Article 50 of the Fire Safety Order
There is also a legislative requirement that, where the Responsible Person appoints a person to make or review the fire risk assessment, they must be competent. This legislative requirement will be brought into force at a later date, and we will provide relevant guidance in that regard ahead of the commencement date.
The guidance has been published ahead of this to explain what RPs will need to do as a result of changes.
You can find the guidance here:
