The Fire Safety Act 2021 is a key piece of legislation that came into force in England and Wales as part of the government’s response to the Grenfell Tower tragedy.
It clarifies and strengthens the responsibilities under the existing Regulatory Reform (Fire Safety) Order 2005, especially in relation to buildings that contain flats.
If you’re a landlord, building owner, or managing agent, the Fire Safety Act may affect how you manage fire risk in your properties—particularly where there are multiple dwellings with shared areas.
Let’s look at what the Act covers, why it was introduced, and what it means for responsible persons today.
Why Was the Fire Safety Act Introduced?
The Grenfell disaster exposed serious flaws in how fire risk was managed in high-rise buildings, particularly regarding cladding, balconies, and external wall systems.
One of the problems was that the original Fire Safety Order didn’t make it clear whether these external parts of a building should be included in a fire risk assessment.
The Fire Safety Act 2021 was introduced to remove that ambiguity. It confirms once and for all that a fire risk assessment must consider the entire building, including the structure, external walls, and flat entrance doors in multi-occupied residential buildings.
What Does the Act Actually Change?
Rather than replacing existing legislation, the Fire Safety Act amends and clarifies the scope of the Fire Safety Order.
In short, it expands what must be included in a fire risk assessment for residential buildings.
The key points are:
- External walls, including cladding, balconies, and insulation, must be assessed as part of the fire risk.
- Flat entrance doors that open onto communal areas (like corridors or stairwells) must also be included in the fire risk assessment.
- The Act applies to buildings containing two or more sets of domestic premises—in other words, blocks of flats or HMOs with shared common areas.
This means that responsible persons can no longer ignore issues like flammable cladding, poorly maintained fire doors, or unsafe balconies when reviewing fire safety.
Who Does It Apply To?
The Fire Safety Act 2021 applies to any building with multiple flats and shared areas, such as:
- Purpose-built apartment blocks
- Converted houses with multiple flats
- Student accommodation
- HMOs with shared stairways or corridors
It places legal responsibilities on the responsible person—which may be the freeholder, managing agent, landlord, or someone else in control of the building.
If you’re not sure who the responsible person is for a particular building, it’s worth checking now, as this role carries legal obligations and personal liability.
How Does It Work in Practice?
In practical terms, if you’re responsible for fire safety in a residential block, your fire risk assessment now needs to include:
- An assessment of the condition and materials used on the building’s exterior (such as cladding or render)
- The construction, condition, and self-closing function of flat entrance doors
- Any features that could contribute to the spread of fire from one flat to another, such as unsealed service penetrations or poorly maintained walls and ceilings
This assessment should be carried out by a competent fire risk assessor and reviewed regularly—especially if any changes are made to the building or its use.
What About High-Rise Buildings and EWS1?
The Fire Safety Act 2021 also ties in with the use of EWS1 forms, which lenders sometimes require for mortgage applications in buildings with cladding. While the Act doesn’t directly regulate EWS1, it strengthens the legal basis for including external wall assessments in your fire risk strategy—particularly in buildings over 18 metres.
That said, the Fire Safety Act applies to all heights, not just high-rise buildings. Even smaller blocks may be affected if they have balconies or unusual external features.
How ESI Can Help You Stay Compliant
At ESI: Electrical Safety Inspections, we work with landlords, property managers, housing associations, and freeholders across Farnborough, Camberley, Reading, Guildford, and the wider Hampshire, Surrey, and Berkshire region.
We provide:
- Fire risk assessments that meet the Fire Safety Act requirements
- Inspections of external wall systems, doors, and communal areas
- Ongoing support and documentation to help you stay compliant
- Advice on integrating the Fire Safety Order, Fire Safety Act, and the Fire Safety (England) Regulations 2022
If you’re unsure whether your building is covered by the Act or whether your current fire risk assessment is sufficient, get in touch. We’ll help you take the right steps to protect your residents and meet your legal duties.
