The Fire Safety Act 2021 is a short but significant piece of legislation that amended the Regulatory Reform (Fire Safety) Order 2005. It clarified that fire safety duties explicitly cover building structures, external walls (including cladding), and flat entrance doors in residential buildings.
Does the Fire Safety Act 2021 apply to your building?
Let's check if these requirements affect you.
What is the Fire Safety Act 2021?
The Fire Safety Act 2021 received Royal Assent on 29 April 2021 and came into force on 16 May 2021. It consists of just three sections, but its impact on building safety is significant.
The Act was introduced as an urgent response to the Grenfell Tower fire of June 2017, in which 72 people died. The tragedy exposed serious gaps in fire safety regulation and enforcement, particularly regarding external walls and cladding.
The Fire Safety Act 2021 doesn't create new fire safety duties. Instead, it clarifies that existing duties under the Fire Safety Order 2005 explicitly include parts of buildings that were previously disputed or unclear — particularly external walls, structure, and flat entrance doors.
Why was it needed?
Before the Fire Safety Act 2021, there was confusion and legal debate about whether the Regulatory Reform (Fire Safety) Order 2005 applied to:
- Building structure and external walls
- Cladding systems
- Windows and balconies in common areas
- Individual flat entrance doors in residential buildings
Some building owners argued these elements were outside the scope of the Fire Safety Order, creating enforcement difficulties for fire and rescue services.
The Grenfell Tower Inquiry exposed how this ambiguity had allowed dangerous cladding systems to remain in place, and how building owners avoided taking responsibility for structural fire safety.
The Fire Safety Act 2021 removed any doubt.
How does it amend the Fire Safety Order 2005?
The Fire Safety Act 2021 makes two key amendments to the Regulatory Reform (Fire Safety) Order 2005:
1. External walls and structure
The Act clarifies that the Fire Safety Order applies to:
- The structure of a building
- External walls (including cladding, balconies, and windows)
- Anything attached to the exterior of the building
This means the responsible person must include these elements in their fire risk assessment and ensure they don't present an unreasonable fire risk.
"External walls" includes all elements of the wall system — not just the visible cladding, but also insulation, fire breaks (or lack of them), cavity barriers, and fixings. The entire wall construction must be assessed.
2. Flat entrance doors
For buildings containing two or more sets of domestic premises (flats), the Act clarifies that the Fire Safety Order applies to:
- Flat entrance doors
- Any door between domestic premises and common parts
This applies even though the flat entrance door is technically part of someone's private dwelling. The door forms a critical part of the building's fire safety strategy and must be included in fire risk assessments.
The responsible person for common areas must now ensure flat entrance doors provide adequate fire resistance and self-closing capability. However, they do not have automatic right of entry to inspect doors — cooperation with flat owners and leaseholders is essential.
What the Fire Safety Act 2021 requires
For all responsible persons with residential buildings
If you're responsible for fire safety in a building containing flats, you must:
1. Update your fire risk assessment
Review and update your existing fire risk assessment to explicitly cover:
- External walls and cladding systems
- The building structure and how fire could spread
- Balconies, windows, and external attachments
- Flat entrance doors (where they form part of the common area strategy)
2. Take appropriate action
If your assessment identifies deficiencies:
- Develop a clear action plan with priorities and timelines
- Implement interim measures if permanent fixes will take time
- Keep residents informed about risks and what's being done
- Notify your local fire and rescue service if significant risks are identified
3. Maintain records
Document:
- Your updated fire risk assessment
- Action plans and completion records
- Correspondence with leaseholders about flat entrance doors
- Any professional reports or surveys (e.g., external wall assessments)
- Evidence of cooperation with other responsible persons
For high-rise residential buildings (18m or 7+ storeys)
If your building is 18 metres or higher, or 7 or more storeys:
Additional requirements under the Fire Safety Act 2021:
You must provide information to your local fire and rescue service about:
- The design and materials of external walls
- The design and materials of flat entrance doors
- Any other relevant information they request
This information helps fire services plan emergency responses and conduct risk-based inspections.
Building Safety Act 2022 overlaps:
High-rise residential buildings also fall under the Building Safety Act 2022, which introduced:
- Mandatory registration with the Building Safety Regulator
- Appointment of an Accountable Person and Building Safety Manager
- Safety case reports
- Mandatory occurrence reporting
- Resident engagement requirements
If you're responsible for a high-rise residential building, you face overlapping and complementary duties under both the Fire Safety Act 2021 and the Building Safety Act 2022. Get specialist advice to ensure you're complying with both.
Who does the Fire Safety Act 2021 affect?
The Act primarily affects those with fire safety responsibilities in residential buildings:
Directly affected:
Landlords of flats and apartment buildings:
- Freeholders who retain responsibility for common areas
- Landlords of buildings converted into flats
- Right to Manage (RTM) companies
- Resident Management Companies
Managing agents:
- Agents contracted to manage residential buildings
- Property management companies
Social housing providers:
- Local authority housing departments
- Housing associations and ALMOs
Mixed-use building owners:
- Buildings with residential flats above commercial premises
- Where common areas serve both residential and commercial uses
Indirectly affected:
Leaseholders and flat owners:
- May need to provide access for flat entrance door inspections
- May face service charges for building improvements
- Have a right to information about fire safety in their building
Commercial tenants in mixed-use buildings:
- Must cooperate with building-wide fire safety measures
- May need to coordinate evacuation procedures
Mortgage lenders and insurers:
- Increasing scrutiny of building fire safety before lending or insuring
- May require evidence of compliance with the Act
Key changes: What's different now?
Before the Fire Safety Act 2021
- Ambiguity about whether external walls were covered by the Fire Safety Order
- Building owners sometimes argued structure was not part of fire risk assessments
- Flat entrance doors often excluded from assessments
- Enforcement difficulties for fire services
After the Fire Safety Act 2021
- Explicit requirement to assess external walls, cladding, and structure
- No ambiguity — responsible persons must include these in fire risk assessments
- Flat entrance doors explicitly covered
- Clear enforcement powers for fire and rescue services
- High-rise buildings must share information with fire services
Fire Safety Order scope: Before vs After
Before Fire Safety Act 2021
- •Common parts of buildings
- •Shared facilities
- •Internal escape routes
- •Fire doors in common areas
- •Fire detection systems
- •Ambiguous on external walls
After Fire Safety Act 2021
Recommended- •Everything previously covered, PLUS:
- •External walls and cladding (explicit)
- •Building structure (explicit)
- •Balconies and windows (explicit)
- •Flat entrance doors (explicit)
- •No room for dispute
Bottom line: The Fire Safety Act 2021 didn't expand fire safety duties — it clarified that duties already existed for parts of buildings some owners had claimed were outside the scope.
Post-Grenfell context
The Fire Safety Act 2021 is one piece of a wider programme of building safety reform following the Grenfell Tower tragedy:
The Grenfell Tower fire (June 2017)
- 72 people died in the fire at a 24-storey residential tower in London
- Aluminium composite material (ACM) cladding with polyethylene cores fuelled the fire's rapid spread
- Stay-put evacuation strategy failed due to building defects
- Exposed systemic failures in building regulations, fire safety enforcement, and accountability
Government response
Phase 1: Immediate action
- Identification of buildings with dangerous cladding
- Advice to building owners on interim measures
- Enhanced fire service presence in affected buildings
- Waking watches and simultaneous evacuation strategies
Phase 2: Legislative reform
- Fire Safety Act 2021 (clarified scope of Fire Safety Order)
- Building Safety Act 2022 (new regulatory regime for high-risk buildings)
- New building regulations and guidance
- Enhanced enforcement powers
Phase 3: Remediation
- Government funding schemes for cladding removal
- Leaseholder protection from costs (Building Safety Act provisions)
- Developer and manufacturer accountability
- Ongoing remediation of dangerous buildings
The importance of clear external wall assessments
A 12-storey residential building built in 2008 had composite cladding panels installed as part of a refurbishment. After Grenfell, residents raised concerns about the cladding. The managing agent initially claimed external walls were not their responsibility.
The cladding was removed and replaced over 18 months. Residents received regular updates throughout. The building now has compliant external walls and a return to stay-put strategy. The managing agent now conducts annual external wall reviews as part of fire risk assessments.
The Fire Safety Act 2021 removed the ability to claim external walls are 'someone else's problem.' Building owners and managing agents must proactively assess and manage external wall fire safety.
Relationship with the Building Safety Act 2022
The Fire Safety Act 2021 and the Building Safety Act 2022 are separate but complementary pieces of legislation:
Fire Safety Act 2021
- Scope: All residential buildings with multiple flats
- Focus: Clarifying existing fire safety duties
- Enforced by: Local fire and rescue services
- Key requirement: Include external walls and flat doors in fire risk assessments
Building Safety Act 2022
- Scope: High-rise residential buildings (18m+/7+ storeys)
- Focus: New regulatory regime for higher-risk buildings
- Enforced by: Building Safety Regulator and local authorities
- Key requirements: Registration, Accountable Person, Building Safety Manager, safety case reports
How they interact
For buildings under 18m / 7 storeys:
- Fire Safety Act 2021 applies (via amended Fire Safety Order)
- Building Safety Act generally does not apply
- Enforced by fire and rescue services
For buildings 18m or taller / 7+ storeys:
- Both Fire Safety Act 2021 and Building Safety Act 2022 apply
- Overlapping duties must be reconciled
- Multiple regulators (fire service and Building Safety Regulator)
- Accountable Person has overall building safety duty
- Responsible Person retains Fire Safety Order duties
If you're responsible for a high-rise residential building, you need to understand both regimes. The Building Safety Act doesn't replace the Fire Safety Order — it adds to it. Specialist advice is essential.
Practical steps to comply
If you're responsible for a residential building with multiple flats, follow these steps:
Step 1: Establish who is responsible
Identify the responsible person(s) for fire safety:
- Freeholder/building owner
- Managing agent
- Right to Manage company
- Leaseholders (if they've taken on management)
In some buildings, multiple people share responsibility. Ensure clarity and document responsibilities.
Tool: Use our Responsibility Checker if you're uncertain.
Step 2: Review and update your fire risk assessment
Commission or conduct a comprehensive review of your fire risk assessment to include:
External walls:
- Cladding materials and systems
- Insulation type and combustibility
- Cavity barriers and fire breaks
- Balconies, windows, and external attachments
- How fire could spread up, down, or across the exterior
Building structure:
- Fire resistance of structural elements
- Compartmentation and fire stopping
- Vertical and horizontal fire spread routes
Flat entrance doors:
- Fire resistance rating (typically FD30 or FD60)
- Self-closing mechanisms
- Condition and maintenance
- Gaps and seals
Consider professional surveys:
- EWS1 (External Wall System) fire review
- Intrusive investigations if non-compliance suspected
- Specialist fire engineer assessments for complex buildings
Step 3: Develop an action plan
Based on your updated assessment:
-
Categorize findings:
- Immediate risks requiring urgent action
- Medium-term improvements
- Ongoing maintenance requirements
-
Interim measures:
- If major works are needed, implement interim safety measures
- Consider waking watch or enhanced detection
- Review evacuation strategy (stay-put vs simultaneous evacuation)
- Communicate with residents
-
Long-term remediation:
- Plan for permanent fixes (e.g., cladding replacement)
- Explore government funding schemes
- Understand leaseholder protection provisions
- Set realistic timelines
Step 4: Engage with residents
Communication is crucial:
- Inform residents about fire safety assessments and findings
- Be honest about any deficiencies and what's being done
- Provide clear guidance on what to do in a fire
- Respond to resident concerns promptly
- Regular updates throughout remediation
For flat entrance doors:
- Explain why access may be needed for inspections
- Work cooperatively with leaseholders
- Provide guidance on door maintenance
- Address replacement costs fairly
Step 5: Notify authorities
Fire and rescue service:
- Notify them of significant fire safety concerns
- Provide requested information about external walls and doors (required for high-rise)
- Cooperate with inspections and enforcement
Building Safety Regulator (if high-rise):
- Register your building
- Submit required documentation
- Appoint Accountable Person and Building Safety Manager
Step 6: Maintain ongoing compliance
Regular reviews:
- Annual fire risk assessment reviews
- Monitoring of external walls and structure
- Flat entrance door inspections (with leaseholder cooperation)
Record keeping:
- Document all assessments, inspections, and actions
- Maintain correspondence with residents and authorities
- Keep evidence of compliance readily available
Stay informed:
- Monitor guidance updates from government and fire services
- Track remediation funding opportunities
- Consider membership of professional bodies
Fire Safety Act 2021 Compliance Timeline
Clarify who has fire safety duties under the Act
Ensure external walls, structure, and doors are covered
Address deficiencies with prioritized improvements
Complete action plan items, starting with urgent risks
Annual fire risk assessment review including Act requirements
Regular communication about fire safety
High-rise buildings: Additional considerations
If your building is 18 metres or higher (approximately 7 storeys), you face additional requirements:
Information requirements
You must provide your local fire and rescue service with:
- Details of external wall construction and materials
- Information about flat entrance doors
- Building plans and fire safety arrangements
- Contact details for responsible persons
This helps fire services:
- Assess risk and prioritize inspections
- Plan emergency response strategies
- Provide targeted fire safety advice
Building Safety Act 2022 duties
In addition to Fire Safety Act requirements, you must:
Register the building:
- Register with the Building Safety Regulator
- Submit prescribed information
- Pay registration fee
Appoint key persons:
- Accountable Person (overall building safety duty holder)
- Principal Accountable Person (if multiple accountable persons)
- Building Safety Manager (day-to-day safety management)
Prepare safety case:
- Comprehensive assessment of all building safety risks
- Demonstration that risks are being managed effectively
- Regular updates and reviews
Engage with residents:
- Establish resident engagement strategy
- Provide information about building safety
- Respond to resident concerns
- Involve residents in safety decisions
Mandatory reporting:
- Report safety occurrences to the regulator
- Report higher-risk building work
High-rise residential buildings face the most stringent fire safety regime in UK history. Non-compliance can result in unlimited fines, prohibition of occupation, and imprisonment. If you're responsible for such a building and not already working with fire safety specialists, do so immediately.
Mixed-use buildings
Buildings containing both residential and commercial premises require careful coordination:
Shared responsibilities
In a typical mixed-use building:
- Commercial occupiers are responsible for fire safety in their units
- Building owner/managing agent is responsible for common areas
- Both must consider how the building's mixed use affects fire risk
Key considerations
Fire risk assessment:
- Common areas must consider risks from both residential and commercial uses
- 24-hour occupation may affect detection and evacuation strategies
- Commercial activities (e.g., cooking, storage) may increase fire risk
Evacuation:
- Residential occupants may be unfamiliar with commercial users' activities
- Simultaneous evacuation may be needed (unlike pure residential stay-put)
- Clear signage and communication essential
Cooperation:
- Article 22 of the Fire Safety Order requires cooperation
- Regular meetings between responsible persons
- Shared fire risk assessment or coordinated separate assessments
- Joint fire drills may be appropriate
Mixed-use building fire safety coordination
A building contains ground floor retail units, first floor offices, and residential flats on floors 2-6. Before the Fire Safety Act 2021, the building owner focused fire safety on commercial areas only.
The building now has a coordinated fire safety strategy across all uses. External walls have been remediated. Regular coordination meetings continue quarterly. Residents report greater confidence in building safety.
Mixed-use buildings require explicit coordination between responsible persons. The Fire Safety Act 2021 ensures residential elements aren't overlooked when commercial uses dominate ground floors.
Enforcement and penalties
The Fire Safety Act 2021 is enforced by fire and rescue services through the Fire Safety Order enforcement regime:
Enforcement powers
Fire officers can:
- Enter and inspect premises
- Require production of documents (including fire risk assessments)
- Take photographs and samples
- Issue enforcement notices (requiring action by a deadline)
- Issue prohibition notices (preventing use until risks reduced)
- Prosecute for breaches
Penalties
Non-compliance with the Fire Safety Act 2021 (as amendments to the Fire Safety Order) can result in:
Summary conviction (Magistrates' Court):
- Fine up to £5,000, and/or
- Imprisonment up to 6 months
Conviction on indictment (Crown Court):
- Unlimited fine, and/or
- Imprisonment up to 2 years
Aggravating factors
Courts consider:
- Whether vulnerable people were at risk
- Whether residents were kept in the dark about risks
- Previous warnings or enforcement action
- Deliberate or reckless disregard for fire safety
- Financial gain from avoiding safety measures
Following Grenfell, courts and fire services take residential building fire safety extremely seriously. Enforcement action is increasingly common, and penalties for serious breaches can be severe. The reputational damage of prosecution can also be devastating.
Common questions about the Fire Safety Act 2021
No. The Fire Safety Act 2021 applies only in England and Wales. Scotland and Northern Ireland have their own fire safety legislation, though both jurisdictions have introduced similar post-Grenfell reforms.
You should update your existing fire risk assessment to explicitly cover external walls, structure, and flat entrance doors. If your current assessment doesn't cover these, or is significantly out of date, commissioning a fresh assessment is advisable.
The responsible person doesn't have an automatic right of entry to private flats. However, flat entrance doors are part of the fire safety strategy. Responsible persons should seek cooperation from leaseholders. In extreme cases, lease terms or court orders may provide access rights.
This is complex and depends on building height, lease terms, and when defects arose. The Building Safety Act 2022 introduced leaseholder protection provisions limiting costs for qualifying leaseholders. Government funding schemes also exist. Legal advice is often necessary.
Managing agents can be 'responsible persons' under the Fire Safety Order if they have control over fire safety matters. The Fire Safety Act 2021 duties apply regardless of whether you own the building. Check your contract, but don't assume ownership determines responsibility.
The Fire Safety Order (and thus the Fire Safety Act amendments) applies to buildings if they're occupied. Buildings under construction with no occupants are covered by construction safety regulations instead. Buildings being refurbished while occupied must comply with both regimes.
Commission an external wall survey (EWS1 form) from a qualified fire engineer. This assesses the fire safety of external wall systems. For high-rise or complex buildings, intrusive investigations may be needed to fully assess cladding and insulation materials.
The Act came into force on 16 May 2021, and compliance is immediate. However, if you identify issues requiring major works (e.g., cladding replacement), implement interim safety measures while planning permanent remediation. Keep fire services informed.
Further resources
Official guidance:
- Fire Safety Act 2021 on legislation.gov.uk
- Fire safety in purpose-built blocks of flats (gov.uk)
- Building Safety Regulator guidance
Funding and support:
Professional bodies:
- National Fire Chiefs Council (NFCC)
- Institute of Fire Engineers (IFE)
- Association of Residential Managing Agents (ARMA)
Grenfell Inquiry:
Next steps
Now that you understand the Fire Safety Act 2021, take action:
- Clarify responsibility: Who is the responsible person?
- Review fire safety duties: Fire Safety Order explained
- Understand fire risk assessments: What is a fire risk assessment?
Not sure if your building complies with the Fire Safety Act 2021? A qualified fire risk assessor can review your external walls, structure, and flat entrance doors, and advise on any necessary improvements.
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Useful tools:
Disclaimer: This article provides general information about the Fire Safety Act 2021 and related fire safety legislation in England and Wales. It is not legal advice. Fire safety requirements vary depending on your specific premises and circumstances. If you're unsure about your duties, consult a qualified fire risk assessor or fire safety professional.