Changing Managing Agents? Don’t Lose Your Building’s Fire Safety Records

When a residential block changes managing agents, the fire risk assessment usually gets handed over. But what about the maintenance history, outstanding defects, fire door inspections and evidence that the building’s fire safety obligations have actually been met?

Imagine you’ve just taken over the management of a residential block containing 40 flats.

The previous managing agent sends you the latest fire risk assessment, a handful of maintenance certificates and a list of contractors. Everything looks reasonably organised, and the handover is apparently complete.

Then somebody asks when the communal fire doors were last inspected.

You can’t find the records.

The fire alarm develops a fault, but the monitoring company still has the previous agent’s emergency contact details.

And there’s an outstanding recommendation in the fire risk assessment marked as completed, although nobody can produce evidence that the work was actually undertaken.

Suddenly, that straightforward handover doesn’t look quite so complete.

Changing managing agents shouldn’t mean losing the building’s fire safety history. The records tell an important story about how the building has been managed, what problems have been identified and what has been done to address them.

So what information should be transferred, what does the law require and how can the incoming agent demonstrate that fire safety compliance has been maintained?

Who Is Responsible When the Managing Agent Changes?

The first thing to understand is that changing managing agents doesn’t necessarily mean the building’s legal Responsible Person has changed.

Under Article 3 of the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person for a residential building’s common parts may be the freeholder, residents’ management company or Right to Manage company, depending on the arrangements.

The managing agent is normally appointed to undertake day-to-day management on that organisation’s behalf.

However, Article 5 of the Fire Safety Order can also place duties on those with control of premises, including through contracts covering maintenance, repair or safety.

This means an agent may have statutory duties arising from its control or contractual responsibilities, even where another organisation remains the Responsible Person.

The management agreement should establish who arranges inspections, maintenance, repairs and compliance monitoring.

But whoever undertakes the work, the records need to remain accessible to those responsible for managing the building.

What Does the Law Say About Handing Over Fire Safety Information?

Since 1 October 2023, Article 22A of the Fire Safety Order has required outgoing Responsible Persons to transfer specified relevant fire safety information to incoming Responsible Persons.

This includes records of fire risk assessments and reviews, details of those who assisted with them, information about other Responsible Persons and, where applicable, Accountable Persons for higher-risk buildings. Relevant fire safety information originally provided under the Building Regulations must also be passed on.

The Home Office’s guidance on Section 156 of the Building Safety Act 2022 explains these duties.

However, Article 22A applies when one Responsible Person replaces another. A routine change of managing agent doesn’t necessarily trigger it.

For example, if the same residents’ management company remains the Responsible Person but appoints a different agent, there may be no change of Responsible Person.

That’s why the managing agency agreement should explicitly require the transfer of relevant fire safety documentation and records.

And the statutory handover list is only part of what an incoming agent needs to manage the building safely.

Why Are Fire Safety Records So Important for Demonstrating Ongoing Compliance?

A fire risk assessment tells you what the risks were when the building was assessed and what precautions were considered necessary.

But it doesn’t, on its own, demonstrate that the building has been properly managed since that assessment.

Ongoing compliance needs supporting evidence.

Since October 2023, amendments to Articles 9 and 11 of the Fire Safety Order have required Responsible Persons to record their fire risk assessments in full, including the findings, and document their fire safety arrangements, regardless of the number of employees.

There are also specific record-keeping duties for certain residential buildings under the Fire Safety (England) Regulations 2022.

Good records provide an audit trail showing what was inspected, when it was inspected, what defects were identified and what action followed.

Consider a fire risk assessment that identified ten defective fire doors.

Six months later, the managing agent’s action plan says all ten defects have been rectified.

But where is the evidence?

Were the doors repaired by a competent contractor? Is there a report identifying the work undertaken? Were the repairs checked afterwards?

Without those records, the incoming agent cannot confidently establish whether the defects have been resolved.

The same principle applies to fire alarms, emergency lighting, smoke ventilation, rising mains and other safety-critical equipment.

A maintenance certificate showing that an engineer attended is useful, but the accompanying report may identify defects requiring further action.

A record of inspection isn’t necessarily evidence that the system was satisfactory. And a record of a defect isn’t evidence that it has been repaired.

A good compliance record connects the whole process: inspection, defect identification, remedial action and confirmation of completion.

This evidence is valuable during fire and rescue service audits, insurance reviews, future fire risk assessments and management handovers.

Missing documentation doesn’t automatically mean a building is unsafe or that a legal breach has occurred. However, it can make it difficult to demonstrate that necessary precautions have been maintained and that identified problems have been addressed.

That’s why fire safety records should be treated as an essential part of managing the building, rather than simply paperwork to be filed away.

What Fire Safety Information Should Be Handed Over?

At ESI: Fire Safety, we recommend organising the handover around the building’s assessment history, safety systems, maintenance records and outstanding actions.

Fire Risk Assessments and Remedial Actions

The incoming agent should receive the current fire risk assessment, relevant previous assessments and the action plan showing which recommendations remain outstanding.

For completed actions, there should be appropriate supporting evidence, such as contractor reports, photographs, certificates or verification records.

Previous assessments are particularly useful where defects have remained outstanding for several years or where significant changes have been made to the building.

Fire Strategy and Evacuation Arrangements

The handover should include the building’s evacuation strategy, relevant fire strategy documents, drawings and available fire safety information originally supplied under Regulation 38 of the Building Regulations.

The incoming agent should understand whether the building operates a stay-put or simultaneous evacuation strategy and which fire safety systems support those arrangements.

For high-rise residential buildings, the Fire Safety (England) Regulations 2022 also require specified building information, plans and secure information box arrangements.

These should be checked for accuracy and availability.

Fire Safety System Maintenance Records

The incoming agent needs the servicing history for relevant equipment, including fire alarms, emergency lighting, smoke control systems, dry and wet rising mains, sprinklers and firefighting lifts.

The records should establish when equipment was last inspected, whether defects were identified and what repairs remain outstanding.

Current maintenance contracts, contractor contact details and future service dates should also be transferred.

Fire Door and Compartmentation Records

Under Regulation 10 of the Fire Safety (England) Regulations 2022, residential buildings with a top storey more than 11 metres above ground level require quarterly checks of communal fire doors and best-endeavours annual checks of flat entrance fire doors.

The outgoing agent should provide available inspection records, identified defects, repair evidence and documentation of attempts to gain access to flats.

The Regulations specifically require records of the steps taken to undertake flat entrance door checks, including unsuccessful access attempts.

Keeping dated records of communal door checks is also sensible evidence of ongoing compliance.

Any compartmentation surveys and fire-stopping repair records should be transferred.

Resident Information and Fire Safety Communications

The incoming agent should establish what fire safety information has been provided to residents and when.

This includes evacuation instructions, fire door information and the Responsible Person’s relevant contact details.

Where the Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 apply, relevant building evacuation planning records and resident-specific arrangements must also be managed.

Personal information should be transferred securely and handled in accordance with data protection law. Sharing specified resident evacuation information with the fire and rescue authority requires explicit consent.

Enforcement and Fire Authority Correspondence

Any fire and rescue service audit findings, enforcement notices, agreed improvement programmes and evidence of completed actions should be included.

The incoming agent shouldn’t discover an unresolved enforcement matter months after taking over the building.

What About Higher-Risk Buildings and the Golden Thread?

Higher-risk residential buildings have additional information management responsibilities under the Building Safety Act 2022.

The Building Safety Regulator’s golden thread guidance explains that prescribed building safety information must be maintained digitally, kept secure and made available to authorised people who need it.

The records help demonstrate how building safety risks are identified, assessed and managed.

When the Accountable Person changes, additional statutory information-transfer duties may apply.

However, a change of managing agent doesn’t automatically mean a change of Accountable Person.

Where the outgoing agent holds records on behalf of the Accountable Person, arrangements should ensure that information remains accessible and continues to be maintained.

The building’s safety history shouldn’t disappear because a management contract ends.

Don’t Forget the Practical Handover

Good documentation is essential, but the incoming agent also needs the practical information required to manage the building.

That includes maintenance contracts, warranties, emergency contacts, secure access arrangements, keys and relevant system information.

Where a fire alarm is remotely monitored, the Alarm Receiving Centre must have the correct emergency contacts and keyholder information.

Access codes and other sensitive details should be transferred securely to authorised personnel.

These arrangements should be checked before the outgoing agent’s access ends.

What Should the Incoming Agent Check During the First 30 Days?

The first month should be treated as a structured handover and verification period, rather than simply accepting that everything supplied is complete.

Start by comparing the documents received against the building’s fire safety systems and legal requirements. Request missing records and establish which contractors hold any outstanding information.

Review the current fire risk assessment and its action plan. Where recommendations are marked as completed, check the supporting evidence.

A walk-through of the communal areas can help identify whether the assessment still reflects the building and whether important precautions appear to be in place.

Confirm that maintenance contracts remain active, future inspections are scheduled and emergency call-out arrangements are operational.

Every outstanding defect should have a named person responsible for progressing it, an appropriate priority and a clear record of the action required.

For buildings subject to monthly firefighting equipment checks under the Fire Safety (England) Regulations 2022, confirm that the records have been maintained and are accessible to residents as required.

Finally, establish a central compliance register or document management system so future inspections, defects, repairs and certificates are recorded consistently.

The aim is to avoid repeating the same problem when the building changes managing agents again.

Does Missing Paperwork Mean You Need a New Fire Risk Assessment?

Not necessarily.

Under Article 9(3) of the Fire Safety Order, fire risk assessments must be reviewed regularly and particularly where there is reason to suspect that the existing assessment is no longer valid or where significant relevant changes have occurred.

A missing maintenance certificate doesn’t automatically require a completely new fire risk assessment.

However, where significant actions cannot be shown to have been completed, critical maintenance records are unavailable or the existing assessment no longer reflects the building, a review by a competent fire risk assessor may be appropriate.

Any urgent safety defects should be addressed immediately, rather than waiting for the handover review to be completed.

The priority should always be the actual risk to occupants, supported by reliable evidence of the precautions in place.

A Change of Managing Agent Shouldn’t Mean Starting Again

A building’s fire safety records are much more than a collection of certificates.

They show how the building has been managed, whether required inspections have taken place, what defects have been identified and what has been done to resolve them.

They provide continuity between different managing agents and help Responsible Persons demonstrate that fire safety is being actively managed.

A properly organised handover should leave the incoming agent knowing what protection the building relies upon, what work has been completed and which issues still require attention.

Because the real problem isn’t simply that a document might get lost. It’s that a serious fire safety defect could be forgotten with it.

Fire Safety Handover Reviews from ESI: Fire Safety

At ESI: Fire Safety, we help freeholders, residents’ management companies, RTM companies and managing agents understand their fire safety responsibilities and the condition of the buildings they manage.

Our services include fire risk assessments, compliance action reviews, fire door inspections, compartmentation assessments and independent fire safety consultancy.

We work across Surrey, Hampshire, Berkshire, South West London and the wider South East.

If you’re taking over the management of a building and aren’t confident that the fire safety records are complete, we can help review the information, identify significant gaps and establish what needs attention.

ESI: Fire Safety — No Shortcuts in Safety.

Contact ESI: Fire Safety or call 01276 300 351 to discuss a fire safety handover or compliance records review.

This article focuses on fire safety requirements in England. Individual duties depend on the building, its management arrangements and the legislation applicable to it.