Responsible person and the Building Safety Act 2022
The effect of the Building Safety Act 2022 (BSA 2022) has been to amend and change the Regulatory Reform (Fire Safety) Order 2005 (FSO). The FSO is the main law relating to fire safety for business premises and buildings. It includes the requirement to carry out a fire risk assessment.
How the FSO has changed
The changes to the Fire Safety Order (FSO) brought about by the Building Safety Act (BSA) relate to:
- The recording of information by responsible persons (RPs)
- Sharing information, including where there are other RPs sharing the same premises
- The introduction of Accountable Persons and how RPs should work with them
- The duties of outgoing RPs and providing information to new RPs
- How premises with two or more sets of domestic premises are affected
Learn more about each of these changes below sections 1-5:
Section 1. Recording information
As a result of the Building Safety Act 2022 RPs must now record:
- Completed fire risk assessments in full
- The name and details of individuals and organisations engaged to carry out, or review, fire risk assessments
- Fire safety arrangements, in order to show how fire safety is managed in the premises
- Their (the RPs) contact information, updating it where necessary - this should include a UK based address
- Share the contact information referred to above with other RPs and occupants of multi-occupied residential premises where applicable (see below 'Sharing information')
Further information about recording your fire risk assessment and other information
Section 2. Sharing information
Where other RPs share the premises
In addition to the above, RPs must take 'reasonably practicable steps' to find out if there are other RPs (or accountable persons - see below) who share or have duties for the same premises. RPs must therefore find out:
- Who the other RPs are
- Who the accountable persons (APs) are (see below for further details of this new legal entity created by the BSA 2022 in relation to higher-risk residential premises)
- Identify themselves to those other RPs and APs
Learn more from the drop-down information below. Please be aware that it is very important your fire risk assessment and resultant fire safety measures work together and in accordance with those for the rest of the building. This will assist in providing a 'whole building approach' to fire safety.
If you are an RP for a building containing two or more sets of domestic premises, you will also have a duty to share information with residents. For further details see Section 5 below.
Working with other RPs
Section 3. Accountable persons (APs) - and how RPs should work with them
The role of 'accountable person' was created under Part 4 of the Building Safety Act.
An AP manages '... the fire and structural safety risks of a high-rise residential building'. They are '...an individual or organisation that owns or has a legal obligation to repair any common parts of the building' which can include corridors, staircases and the structure and exterior of the building.
Some buildings may have multiple Accountable Persons, with one appointed as the 'principle accountable person'. In some cases, the principal Accountable Person may also be the RP.
Where the RP and Accountable Person are not the same person, '...building safety information must be shared across these roles and any information shared must meet data protection requirements.
You can learn more about Accountable Persons by going to the Government Guidance: Safety in high rise residential buildings: accountable persons
How RPs should work with APs
Section 4. The duties of outgoing RPs and providing information to new RPs
If an RP is leaving their post, they must share with the new, incoming RP all 'relevant fire safety information'. This is to ensure there is a continuous record of the building's fire safety information. This situation may occur where, for example, a business ceases trading, is sold, or the freehold is sold, and a new RP takes over.
What information must be provided to new RPs
Section 5. Buildings with two or more sets of domestic premises
The BSA22 makes changes to the duties of RPs who are responsible for buildings with two or more sets of domestic premises. The changes made are to help residents:
- Feel safer
- Understand what their RP is doing to comply with RP responsibilities
Note: the information that RPs must make available to residents under the BSA22 is in addition to that already required by the Fire Safety Regulations 2022.
