Merseyside Fire and Rescue Service (MFRS) has inspected every high rise residential building in Merseyside and continues to work with housing providers, local authorities and buildings in private ownership to make sure the compliance with fire safety legislation is achieved and maintained.
Who is responsible for fire safety in my building?
The responsibility for fire safety in high-rise residential buildings primarily falls to the responsible person under UK fire safety legislation. This role is critical for ensuring that fire safety measures are in place and maintained. Here's a detailed breakdown of who is responsible and what their duties entail:
- The Responsible Person (RP):
Who it is: The responsible person is typically the building owner, landlord, managing agent, or a management company appointed by the owner. In some cases, it may also be a combination of these parties, depending on the building's ownership and management structure.
Legal Obligations: Under the Regulatory Reform (Fire Safety) Order 2005 (FSO) and reinforced by the Fire Safety Act 2021, the responsible person has a legal duty to manage fire safety within the common areas of the building, such as corridors, stairwells, and lobbies, as well as to ensure fire safety measures in individual flats like entrance doors.
- Duties of the Responsible Person:
Conduct Fire Risk Assessments: The RP must ensure that regular fire risk assessments are conducted for the building, covering both common areas and, under the Fire Safety Act 2021, external walls, flat entrance doors, and other key elements.
Implement Fire Safety Measures: Based on the risk assessments, the RP is responsible for installing and maintaining fire safety measures such as fire alarms, emergency lighting, firefighting equipment, and ensuring that escape routes are clear.
Maintain Fire Doors and Compartmentation: The RP must ensure that fire doors (including flat entrance doors that open onto communal areas) meet fire safety standards and are regularly inspected and maintained.
Provide Fire Safety Information: The RP is required to inform residents about the fire safety procedures in place and what they should do in the event of a fire. Under the Fire Safety (England) Regulations 2022, this includes providing key fire safety information to residents.
Comply with Fire Safety Regulations: For high-rise buildings, particularly those over 18 meters or with seven or more storeys, the RP must comply with specific duties such as submitting information on the external wall systems to the local fire and rescue service.
- Building Safety Act 2022:
This act introduces additional responsibilities for high-rise buildings, particularly in the wake of the Grenfell Tower fire. It establishes the role of an Accountable Person for buildings higher than 18 meters (or seven storeys), who could be the same as the responsible person. This individual must ensure that all safety risks, including fire risks, are managed effectively and that a Building Safety Manager may be appointed to handle day-to-day safety issues.
- Resident Responsibility:
Residents also have a role in ensuring fire safety. They must follow fire safety rules, such as not obstructing fire exits or damaging fire safety equipment. They should also report any fire safety hazards they observe to the responsible person.
How do I get information about my building?
If you have questions or concerns about the safety of your building you should, in the first instance, contact the managing agent or your landlord as they should be informed of any risks that have been identified.
How do I know if my building has combustible cladding?
Many buildings have some form of external wall system and the majority of these do not present any risk and are essential to ensuring that homes are warm and weatherproof.
Residents of high-rise residential buildings can find out if their building has combustible cladding through several avenues:
- Contacting the Building Management or Responsible Person
The building owner, managing agent, or responsible person (as defined by the Fire Safety Act 2021 and the Regulatory Reform (Fire Safety) Order 2005) is legally obligated to maintain and provide fire safety information. Residents could request information on the building's cladding and any fire risk assessments that have been conducted, especially since cladding is part of the building's external walls covered by the Fire Safety Act.
- Reviewing Fire Risk Assessments
The responsible person must conduct regular fire risk assessments, which should cover external wall materials, including cladding. Residents may ask to view or receive a summary of this assessment to verify if the building contains combustible materials.
- Fire Safety Information Provided by the Responsible Person
For buildings over 18 meters in height, responsible persons are required by the Fire Safety (England) Regulations 2022 to provide residents with fire safety instructions and information about the risks in the building. This may include details about any combustible cladding and the measures in place to mitigate fire risks.
By following these steps, residents should be able to determine if their building has combustible cladding and what measures are being taken to address any risks.
If the external wall system on a building has been identified as posing a risk of external fire spread this will have prompted a review of the fire safety arrangements and in some cases a change to the evacuation strategy.
Is my building safe?
Fire safety of any building relies upon ongoing management and maintenance – this may mean that some repairs are required to things like fire doors due to normal wear and tear.
Where more significant work is required this will have been discussed with the building owner or managing agent. If you rent your flat, then your landlord will know about any work that needs doing. If you own your flat, you should have been informed of any fire safety concerns and any planned work that is needed.
If the evacuation strategy for the building has changed then residents should have been notified and given guidance about what to do in the event of a fire.
I want to know about evacuation strategies
Most flats are built based on the principle that a fire in a flat should not spread to other areas of the building – this is often described as a ‘Stay Put’ Strategy.
If it is necessary to evacuate a building in a fire then this should have been communicated to residents and be reflected in ‘Fire Action Notices’ displayed in the communal areas.
If you live in a building where you need to evacuate in the event of a fire, if the fire alarm is raised, then you should take the following immediate actions:
- Get everyone in your flat out of the building using the emergency exit routes and stairs provided (don’t use the lift)
- Close all doors behind you
- Get out, stay out, call 999
The evacuation strategy is there for your protection. Failure to evacuate the building upon hearing the fire alarm puts you at risk.
If you have concerns about whether you would be able to evacuate the building without assistance, you should notify your landlord and/or the managing agent.
What does interim measures mean?
‘Interim Measures’ is a term used to describe a temporary change to the evacuation strategy so that residents are warned about a fire and evacuate the building. This may be done through the use of a ‘Waking Watch’ – trained wardens who patrol the building and carry air horns to warn people of a fire or can activate an alarm or through a fire alarm system which is linked to flats.
Alternatively, the building may have a ‘common’ fire alarm system which would detect and alert all residents to support a simultaneous evacuation.
Where these temporary arrangements have been adopted MFRS will have visited the building to make sure they are in place and being managed in line with Government advice.
What are my responsibilities?
Fire Safety is everyone’s responsibility and all residents in high rise buildings can do their bit to reduce the chance of a fire occurring and keep the building safe.
We think you can help with the following:
- Keep all landings, corridors and doorways clear of obstructions, including rubbish
- Never wedge communal doors open
- Don’t keep things in your home or communal areas that burn easily. This includes bottled gas, paraffin heaters or liquid fuel
- Never block emergency access to your building
- Park considerately so emergency vehicles can get as close as possible
- Get to know your neighbours. They may be young, elderly or vulnerable, and need help during an emergency
- Report any fire safety hazards they observe to the responsible person.
The best way to stay safe is to prevent a fire happening - you can find information about home safety and how to book a Home Fire Safety Check visit on our website or by calling us on 0800 731 5958
We recommend that you test your smoke alarm every week and report any problems to your landlord or building managers.
Who is responsible for my flat front door?
In high-rise residential buildings, the responsibility for flat entrance doors typically falls to the responsible person under fire safety legislation, but can also depend on lease agreements. The key points regarding responsibility are as follows:
- Fire Safety Legislation:
Fire Safety Act 2021: The Fire Safety Act 2021 clarified that the entrance doors to individual flats, particularly those that open onto communal areas (like corridors or stairwells), are part of the overall fire safety management of the building. This means the responsible person (usually the building owner, landlord, or managing agent) is accountable for ensuring that these doors meet fire safety standards.
Regulatory Reform (Fire Safety) Order 2005 (FSO): The FSO holds the responsible person accountable for ensuring fire safety measures are in place for common parts of a building. Since flat entrance doors are considered a key part of the fire compartmentation system, the responsible person is responsible for ensuring their compliance with fire safety standards.
- Lease Agreements and Individual Responsibility:
In some cases, lease agreements may stipulate that the flat owner (or leaseholder) is responsible for maintaining their entrance doors. However, even if the leaseholder owns the door, the responsible person for the building still has an obligation to ensure that all flat entrance doors meet the required fire safety regulations (e.g., fire resistance, self-closing mechanisms).
- Fire Safety (England) Regulations 2022:
These regulations reinforce the responsibility of the responsible person to inspect flat entrance doors in buildings over 18 meters or with seven or more storeys. The responsible person must ensure that these doors meet fire safety standards, are self-closing, and are inspected regularly.
Summary:
Responsible Person (Landlord or Building Owner): Primarily responsible for ensuring flat entrance doors meet fire safety standards.
Leaseholder (Flat Owner): In some cases, they may be responsible for maintaining the door as part of their lease, but the responsible person must ensure fire safety compliance.
In high-rise residential buildings, flat entrance doors are critical to fire safety, and the responsible person must ensure they meet safety standards, even if individual flat owners are responsible for maintenance under their lease.
What should I do if I have concerns
If you have any concerns about your home, you should contact your landlord or the managing agent as they should be able to answer questions that you have about the fire safety arrangements.
If you wish to report a concern that you have already raised with your landlord or managing agent you can submit a fire safety concern through this link FAQs and Report a Fire Safety Concern | Merseyside Fire & Rescue Service (merseyfire.gov.uk)
Will MFRS still be able to fight fire in my building
Yes - Our firefighters regularly visit all types of buildings to ensure that they have recorded important risk information to support our operational response and to identify any issues in relation to specific active and passive fire safety measures within each building.