Fire Safety Act 2021 —
What Building Owners
Must Do Now

The Fire Safety Act 2021 made significant and far-reaching changes to fire safety law in England and Wales. Coming after the Grenfell Tower tragedy, it extended the scope of the Regulatory Reform (Fire Safety) Order 2005 and placed new, explicit legal duties on responsible persons for residential buildings containing two or more dwellings.

If you own or manage a block of flats, an HMO, or any building with multiple dwellings, this legislation directly affects you — and compliance is not optional.

What Did the Fire Safety Act 2021 Change?

Before the Fire Safety Act 2021, there had been ambiguity about whether the Regulatory Reform (Fire Safety) Order 2005 applied to certain parts of residential buildings — particularly the external walls and flat entrance doors. The Act removed that ambiguity entirely.

The Fire Safety Act 2021 confirmed that the Regulatory Reform (Fire Safety) Order 2005 applies to the following elements of a building containing two or more sets of domestic premises:

• The building's structure — walls, floors, ceilings and the roof
• External walls — including cladding, balconies and windows
• Flat entrance doors — doors between individual dwellings and the common parts of the building

The Timeline of Fire Safety Reform

• June 2017
  Grenfell Tower fire — 72 lives lost. Exposed critical failures in fire safety regulation for high-rise residential buildings.
• 2019
  Hackitt Review published — recommended fundamental reform of building safety and fire safety regulations.
• April 2021
  Fire Safety Act 2021 received Royal Assent — clarified and extended the RRO 2005 to cover structures, external walls and flat entrance doors.
• January 2023
  Fire Safety Act 2021 came into full effect in England — all affected responsible persons must comply.
• 2023–ongoing
  Building Safety Act 2022 also came into force — introducing the Building Safety Regulator and new duties for higher-risk buildings (18m+).

What Does a Compliant Fire Risk Assessment Now Include?

For any building containing two or more dwellings, a fire risk assessment that complies with the updated legislation must now explicitly consider:

• The building structure — integrity of floors, walls, ceilings and roofing
• External walls and cladding — including any insulation systems, cavity barriers and attachment fixings
• Balconies and external features — materials, accessibility and fire risk
• Windows in external walls — fire resistance and egress capability
• All flat entrance doors — fire resistance rating, self-closing mechanisms, intumescent strips and smoke seals, condition and gaps around the frame
• Common areas — corridors, stairwells, lobbies, plant rooms and escape routes (as previously required)

The Building Safety Act 2022 — Additional Duties for Higher-Risk Buildings

Alongside the Fire Safety Act 2021, the Building Safety Act 2022 introduced additional duties specifically for "higher-risk buildings" — defined as residential buildings that are 18 metres or more in height, or have 7 or more storeys. For these buildings, a new regulatory regime applies, overseen by the Building Safety Regulator (BSR), with more stringent requirements including a Building Safety Case and mandatory registration with the BSR.

If you manage a high-rise residential building, you should seek specialist advice to ensure compliance with both the Fire Safety Act 2021 and the Building Safety Act 2022.

You Must Now Record the Assessment in Full

Section 156 of the Building Safety Act 2022 amended the Fire Safety Order with effect from 1 October 2023. The old exemption for small premises is gone: every Responsible Person must now record their fire risk assessment in full, in writing — regardless of how many people they employ or whether the premises are licensed.

Before that date, only employers with five or more staff (and licensed premises) had to record the significant findings. If your assessment predates October 2023, or exists only as notes, it no longer meets the standard.

What Should You Do Now?

If you are the responsible person for a building containing two or more dwellings, you should take the following steps immediately:

1. Review your existing fire risk assessment — does it explicitly cover the structure, external walls and flat entrance doors? If not, it is no longer adequate.
2. Commission an updated fire risk assessment that complies with the Fire Safety Act 2021 requirements from a competent, qualified assessor.
3. Inspect all flat entrance doors — check fire resistance ratings, self-closing mechanisms, intumescent strips, smoke seals and condition. Any defective fire doors should be repaired or replaced urgently.
4. Document all findings and actions — maintaining clear records is essential for demonstrating compliance to enforcement authorities.
5. Establish a review schedule — fire risk assessments must be reviewed regularly and whenever there is a significant change in the building.