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2021 Para:1391-01 Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Building Regulations etc. (Amendment) (England) Regulations 2021 and come into force on 15th June 2022.

(2) They extend to England and Wales and apply in relation to buildings(1) and building work in England.

(3) In these Regulations—

“the Building Regulations” means the Building Regulations 2010;“the Approved Inspectors Regulations” means the Building (Approved Inspectors etc.) Regulations 2010(2).

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2021 Para:1391-02 Amendment of the Building Regulations

2. The Building Regulations are amended in accordance with regulations 3 to 13.

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2021 Para:1391-03 Amendment of regulation 2 of the Building Regulations

3. In regulation 2(1) (interpretation)—

(a)in the definition of “energy efficiency requirements”, after “26B” insert, “, 26C”;
(b)after the definition of “softened wholesome water” insert—
“;
“system for on-site electricity generation” means a system that produces electricity and has a direct electrical connection to the building in question”.

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2021 Para:1391-04 Amendment of regulation 4 of the Building Regulations

4. In regulation 4 (requirements relating to building work), after paragraph (3) insert—

“(4) This paragraph applies in relation to a building where—

(a)building work is undertaken in respect of that building (“relevant work”); and
(b)Part L of Schedule 1 imposes a requirement in respect of the relevant work.
(5) Notwithstanding paragraph (3), upon completion of the relevant work, any building to which paragraph (4) applies must—

(a)comply with Part F of Schedule 1; or
(b)where the building did not comply with Part F of Schedule 1 before the relevant work was begun, be no more unsatisfactory in relation to it than before the work was begun.”.

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2021 Para:1391-05 Amendment of regulation 25 of the Building Regulations

5. In regulation 25 (minimum energy performance requirements for new buildings)—

(a)at the end of paragraph (a) omit “and”;
(b)after paragraph (b) insert—“; and
(c)new buildings in the form of target primary energy rates”.

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2021 Para:1391-06 Insertion of regulation 26C into the Building Regulations

6. After regulation 26B (fabric performance values for new dwellings) insert—

“Target primary energy rates for new buildings
26C. Where a building is erected it must not exceed the target primary energy rate for the building which has been approved pursuant to regulation 25(c), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.”.

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2021 Para:1391-07 Insertion of regulation 27C into the Building Regulations

7. After regulation 27B (fabric performance values calculations) insert—

“Target primary energy rate calculations for new buildings
27C.—(1) This regulation applies where a building is erected.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the target primary energy rate for the building calculated and expressed in accordance with the methodology approved pursuant to regulation 24;
(b)the calculated target primary energy rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and
(c)a list of specifications to which the building is to be constructed.
(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—
(i)the target primary energy rate for the building calculated and expressed in accordance with the methodology approved pursuant to regulation 24;
(ii)the calculated target primary energy rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and
(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or
(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).
(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the target primary energy rate.”.

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2021 Para:1391-08 Insertion of regulations 40A and 40B into the Building Regulations

8. After regulation 40 (information about use of fuel and power) insert—

“Information about systems for on-site generation of electricity
40A.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 applies.

(2) The person carrying out the work must, not later than five days after the work has been completed, provide to the owner sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a manner as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use.

Information about overheating
40B.—(1) This regulation applies to building work in respect of a building where Part O of Schedule 1 applies.

(2) The person carrying out the work must, not later than five days after the work has been completed, give sufficient information to the owner about the provision made in accordance with Part O so that the systems in place further to Part O can be operated in such a manner as to protect against overheating.”.

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2021 Para:1391-09 Amendment of regulation 43 of the Building Regulations

9. In regulation 43(4) (pressure testing) for “the Independent Air Tightness Testing Scheme Limited” substitute “Elmhurst Energy Systems Limited”.

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2021 Para:1391-10 Insertion of regulation 44ZA into the Building Regulations

10. After regulation 44 (commissioning) insert—

“Commissioning in respect of a system for on-site electricity generation
44ZA.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.

(2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the local authority a notice confirming that the system for on-site electricity generation has been commissioned.

(3) The notice must be given to the local authority—

(a)not later than the date on which the notice required by regulation 16(4) is required to be given; or
(b)where that regulation does not apply, not more than 30 days after completion of the work.”.

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2021 Para:1391-11 Amendment of Schedule 1 to the Building Regulations

11. In Schedule 1 (requirements)—

(a)in entry L1, in paragraph (b)(i), after “are energy efficient” insert “to a reasonable standard”;
(b)after entry L1 insert—
“On-site generation of electricity
L2
Where a system for on-site electricity generation is installed—

(a) reasonable provision must be made to ensure that—

(i) the system and its electrical output are appropriately sized for the site and available infrastructure;

(ii) the system has effective controls; and

(b) it must be commissioned by testing and adjusting as necessary to ensure that it produces the maximum electricity that is reasonable in the circumstances.”.

(c)after entry N4 insert—
“PART O OVERHEATING
Overheating mitigation
O1
(1) Reasonable provision must be made in respect of a dwelling, institution or any other building containing one or more rooms for residential purposes, other than a room in a hotel (“residences”) to—

(a) limit unwanted solar gains in summer;

(b) provide an adequate means to remove heat from the indoor environment.

(2) In meeting the obligations in paragraph (1)—

(a) account must be taken of the safety of any occupant, and their reasonable enjoyment of the residence; and

(b) mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it.”.

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2021 Para:1391-12 Amendment of Schedule 3 to the Building Regulations

12.—(1) Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) is amended as follows.

(2) In the table, in column 2 (person carrying out work)—

(a)in each of rows 7, 8 and 9 omit “, Building Engineering Services Competence Assessment Limited”;
(b)in each of rows 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19 and 20 omit “or Stroma Certification Limited”;
(c)in row 2 after “NAPIT Registration Limited”, for “,” substitute “or”;
(d)in row 3 after “NAPIT Registration Limited”, for “,” substitute “or”;
(e)in row 4 after “NAPIT Registration Limited”, for “,” substitute “or”;
(f)in row 5 after “Certsure LLP”, for “,” substitute “or”;
(g)in row 6 after “Certsure LLP”, for “,” substitute “or”;
(h)in row 7 after “Certsure LLP”, for “,” substitute “or”;
(i)in row 8 after “NAPIT Registration Limited, for “,” substitute “or”;
(j)in row 9 after “Certsure LLP”, for “,” substitute “or”;
(k)in row 10 after “Fenestration Self-Assessment Scheme”, for “,” substitute “or”;
(l)in row 11 after “Fenestration Self-Assessment Scheme”, for “,” substitute “or”;
(m)in row 12 after “HETAS Limited”, for “,” substitute “or”;
(n)in row 13 after “HETAS Limited”, for “,” substitute “or”;
(o)in row 14 after “HETAS Limited”, for “,” substitute “or”;
(p)in row 15 after “NAPIT Registration Limited”, for “,” substitute “or”;
(q)in row 17—
(i)for “Cavity Insulation Guarantee Agency” substitute “Insulation Assurance Authority Limited”;
(ii)after “Certsure LLP”, for “,” substitute “or”;
(r)in row 18 after “Certsure LLP”, for “,” substitute “or”;
(s)in row 19 after “Certsure LLP”, for “,” substitute “or”;
(t)in row 20 after “Certsure LLP”, for “,” substitute “or”.

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2021 Para:1391-13 Amendment of Schedule 3A to the Building Regulations

13. In Schedule 3A (third party certification schemes and exemptions from requirement to give building notice or deposit full plans), in column 2 (person inspecting work) of the table omit “, or Stroma Certification Limited”.

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2021 Para:1391-14 Amendment of the Approved Inspectors Regulations

14. The Approved Inspectors Regulations are amended in accordance with regulations 15 and 16.

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2021 Para:1391-15 Amendment of regulation 8 of the Approved Inspectors Regulations

15. In regulation 8 (functions of approved inspectors)—

(a)in paragraph (1)(a)—
(i)before “28” insert “26C (target primary energy rates for new buildings)”;
(ii)for “and” before “40” substitute “,”;
(iii)after “(information about use of fuel and power)” insert “, 40A (information about systems for on-site generation of electricity) and 40B (information about overheating)”;
(b)in paragraph (1)(b)—
(i)after “regulations 20,” insert “20A,”;
(ii)before “37” insert “27C,”;
(iii)for “and 44” substitute “, 44 and 44ZA”.

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2021 Para:1391-16 Amendment of regulation 20 of the Approved Inspectors Regulations

16. In regulation 20 (application of certain regulations of the Building Regulations)—

(a)in the heading—
(i)before “, 29” insert “, 27C”;
(ii)for “and 44” substitute “, 44 and 44ZA”;
(b)in paragraph (1)—
(i)before “37” insert “27C (target primary energy rate calculations for new buildings)”;
(ii)for “and 44” substitute “, 44”;
(iii)after “(commissioning)” insert “and 44ZA (commissioning in respect of a system for on-site electricity generation)”;
(c)after paragraph (2B) insert—
“(2C) Regulation 27C(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.”;

(d)after paragraph (6) insert—
“(6A) Regulation 44ZA of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (3) there were substituted—

“(3) The notice must be given to the approved inspector—

(a)subject to sub-paragraphs (b) and (c), not later than five days after completion of the work to which the initial notice relates;
(b)where regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);
(c)where regulation 20 applies by virtue of regulation 20 of the Building (Approved Inspectors etc.) Regulations 2010, not later than the date on which the notice or certificate required by that regulation must be given.”.”

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2021 Para:1391-17 Transitional provision

17.—(1) The amendments made by Parts 2 and 3 of these Regulations (other than regulations 9, 12 and 13 in Part 2) do not apply in relation to building work on a particular building, where a building notice or an initial notice has been given to, or full plans have been deposited with, a local authority, in respect of that building, before 15th June 2022, provided that the building work on that building is started before 15th June 2023.

(2) In this regulation, “building notice”, “initial notice” and “full plans” have the meanings given in regulation 2(1) of the Building Regulations.

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2021 Para:1391-note EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (S.I. 2010/2214) and the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215) as they apply in relation to England. The amendments made by these Regulations provide for a new metric for the measurement of energy efficiency in the form of the target primary energy rate and introduce new regulation for on-site electricity generation and in relation to overheating (in particular by virtue of the introduction of paragraph L2 into part L of Schedule 1 to S.I. 2010/2214, and a new Part O). Amendments are made to S.I. 2010/2215 in consequence of these changes.

They also make transitional provision in respect of building work on a particular building where a building notice or an initial notice has been given to, or full plans have been deposited with, a local authority before 15th June 2022, provided that the building work on that building is started before 15th June 2023.

Schedule 3 to S.I. 2010/2214 is amended to reflect changes to bodies participating in self-certification schemes, and Schedule 3A to that instrument is amended to reflect a change to the bodies that may participate in third-party certification schemes.

The Building Act 1984 (c. 55) gives the Secretary of State power to approve and issue documents containing practical guidance with respect to the requirements contained in the Building Regulations 2010. Approved Document L Volumes 1 and 2, 2021 editions, Approved Document F Volumes 1 and 2, 2021 editions and Approved Document O, 2021 edition contain practical guidance on meeting the new requirements inserted into the Building Regulations 2010 by this instrument. The Approved Documents are published by the Department for Levelling Up, Housing and Communities and may be accessed at https://www.gov.uk/guidance/building-regulations-and-approved-documents-index or from the Department for Levelling Up, Housing and Communities, 2nd Floor NW, Fry Building, 2 Marsham Street, London SW1P 4DF.

An impact assessment is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk .

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2005 Para:1541-01 Citation, commencement and extent

1.—(1) This Order may be cited as the Regulatory Reform (Fire Safety) Order 2005 and shall come into force in accordance with paragraphs (2) and (3).

(2) This article and article 52(1)(a) shall come into force on the day after the day on which this Order is made.

(3) The remaining provisions of this Order shall come into force on 1st April 2006.

(4) This Order extends to England and Wales only.

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2005 Para:1541-02 Interpretation

2. In this Order—

“alterations notice” has the meaning given by article 29;“approved classification and labelling guide” means the Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations (5th edition)(1) approved by the Health and Safety Commission on 16th April 2002;“the CHIP Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(2);“child” means a person who is not over compulsory school age, construed in accordance with section 8 of the Education Act 1996(3);“dangerous substance” means—
(a)a substance or preparation which meets the criteria in the approved classification and labelling guide for classification as a substance or preparation which is explosive, oxidising, extremely flammable, highly flammable or flammable, whether or not that substance or preparation is classified under the CHIP Regulations;
(b)a substance or preparation which because of its physico-chemical or chemical properties and the way it is used or is present in or on premises creates a risk; and
(c)any dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere;
“domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse, or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);“employee” means a person who is or is treated as an employee for the purposes of the Health and Safety at Work etc. Act 1974(4) and related expressions are to be construed accordingly;“enforcement notice” has the meaning given by article 30;“enforcing authority” has the meaning given by article 25;“explosive atmosphere” means a mixture, under atmospheric conditions, of air and one or more dangerous substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004(5);“fire inspector” means an inspector or assistant inspector appointed under section 28 of the Fire and Rescue Services Act 2004;“general fire precautions” has the meaning given by article 4;“hazard”, in relation to a dangerous substance, means the physico-chemical or chemical property of that substance which has the potential to give rise to fire affecting the safety of a person, and references in this Order to “hazardous” are to be construed accordingly;“inspector” means an inspector appointed under article 26 or a fire inspector;“licensing authority” has the meaning given by article 42(3);“normal ship-board activities” include the repair of a ship, save repair when carried out in dry dock;“owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent;“personal protective equipment” means all equipment which is intended to be worn or held by a person in or on premises and which protects that person against one or more risks to his safety, and any addition or accessory designed to meet that objective;“place of safety” in relation to premises, means a safe area beyond the premises.“premises” includes any place and, in particular, includes—
(a)any workplace;
(b)any vehicle, vessel, aircraft or hovercraft;
(c)any installation on land (including the foreshore and other land intermittently covered by water), and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof); and
(d)any tent or movable structure;
“preparation” means a mixture or solution of two or more substances;“preventive and protective measures” means the measures which have been identified by the responsible person in consequence of a risk assessment as the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order;“prohibition notice” has the meaning given by article 31;“public road” means a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980(6);“rackrent” in relation to premises, means a rent that is not less than two-thirds of the rent at which the property might reasonably be expected to be let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such rent;“the relevant local authority”, in relation to premises, means—
(a)if the premises are in Greater London but are not in the City of London, the London Borough in the area of which the premises are situated;
(b)if the premises are in the City of London, the Common Council of the City of London;
(c)if the premises are in England in a metropolitan county, the district council in the area of which the premises are situated;
(d)if the premises are in England but are not in Greater London or a metropolitan county—
(i)the county council in the area of which the premises are situated; or
(ii)if there is no county council in the area of which the premises are situated, the district council in that area;
(e)if the premises are in Wales, the county council or county borough council in the area of which the premises are situated;
“relevant persons” means—
(a)any person (including the responsible person) who is or may be lawfully on the premises; and
(b)any person in the immediate vicinity of the premises who is at risk from a fire on the premises,
but does not include a fire-fighter who is carrying out his duties in relation to a function of a fire and rescue authority under section 7, 8 or 9 of the Fire and Rescue Services Act 2004 (fire-fighting, road traffic accidents and other emergencies), other than in relation to a function under section 7(2)(d), 8(2)(d) or 9(3)(d) of that Act;“responsible person” has the meaning given by article 3;“risk” means the risk to the safety of persons from fire;“risk assessment” means the assessment required by article 9(1);“safety” means the safety of persons in respect of harm caused by fire; and “safe” shall be interpreted accordingly;“safety data sheet” means a safety data sheet within the meaning of regulation 5 of the CHIP Regulations;“ship” includes every description of vessel used in navigation;“special, technical and organisational measures” include—
(a)technical means of supervision;
(b)connecting devices;
(c)control and protection systems;
(d)engineering controls and solutions;
(e)equipment;
(f)materials;
(g)protective systems; and
(h)warning and other communication systems;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;“visiting force” means any such body, contingent, or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952(7);“workplace” means any premises or parts of premises, not being domestic premises, used for the purposes of an employer’s undertaking and which are made available to an employee of the employer as a place of work and includes—
(a)any place within the premises to which such employee has access while at work; and
(b)any room, lobby, corridor, staircase, road, or other place—
(i)used as a means of access to or egress from that place of work; or
(ii)where facilities are provided for use in connection with that place of work,
other than a public road;“young person” means any person who has not attained the age of 18.

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2005 Para:1541-03 Meaning of “responsible person”

3. In this Order “responsible person” means—

(a)in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b)in relation to any premises not falling within paragraph (a)—
(i)the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
(ii)the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

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2005 Para:1541-04 Meaning of “general fire precautions”

4.—(1) In this Order “general fire precautions” in relation to premises means, subject to paragraph (2)—

(a)measures to reduce the risk of fire on the premises and the risk of the spread of fire on the premises;
(b)measures in relation to the means of escape from the premises;
(c)measures for securing that, at all material times, the means of escape can be safely and effectively used;
(d)measures in relation to the means for fighting fires on the premises;
(e)measures in relation to the means for detecting fire on the premises and giving warning in case of fire on the premises; and
(f)measures in relation to the arrangements for action to be taken in the event of fire on the premises, including—
(i)measures relating to the instruction and training of employees; and
(ii)measures to mitigate the effects of the fire.
(2) The precautions referred to in paragraph (1) do not include special, technical or organisational measures required to be taken or observed in any workplace in connection with the carrying on of any work process, where those measures —

(a)are designed to prevent or reduce the likelihood of fire arising from such a work process or reduce its intensity; and
(b)are required to be taken or observed to ensure compliance with any requirement of the relevant statutory provisions within the meaning given by section 53(1) of the Health and Safety at Work etc 1974(1).
(3) In paragraph (2) “work process” means all aspects of work involving, or in connection with—

(a)the use of plant or machinery; or
(b)the use or storage of any dangerous substance.

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2005 Para:1541-05 Duties under this Order

5.—(1) Where the premises are a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises.

(2) Where the premises are not a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises, so far as the requirements relate to matters within his control.

(3) Any duty imposed by articles 8 to 22 or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.

(4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—

(a)the maintenance or repair of any premises, including anything in or on premises; or
(b)the safety of any premises,
that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.

(5) Articles 8 to 22 and any regulations made under article 24 only require the taking or observance of general fire precautions in respect of relevant persons.

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2005 Para:1541-06 Application to premises

6.—(1) This Order does not apply in relation to —

(a)domestic premises, except to the extent mentioned in article 31(10);
(b)an offshore installation within the meaning of regulation 3 of the Offshore Installation and Pipeline Works (Management and Administration) Regulations 1995(1);
(c)a ship, in respect of the normal ship-board activities of a ship’s crew which are carried out solely by the crew under the direction of the master;
(d)fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking’s main buildings;
(e)an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994(2) or a vehicle exempted from duty under that Act;
(f)a mine within the meaning of section 180 of the Mines and Quarries Act 1954(3), other than any building on the surface at a mine;
(g)a borehole site to which the Borehole Sites and Operations Regulations 1995(4) apply.
(2) Subject to the preceding paragraph of this article, this Order applies in relation to any premises.

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2005 Para:1541-07 Disapplication of certain provisions

7.—(1) Articles 9(4) and (5) and 19(2) do not apply in relation to occasional work or short-term work involving work regulated as not being harmful, damaging, or dangerous to young people in a family undertaking.

(2) Articles 9(2), 12, 16, 19(3) and 22(2) do not apply in relation to the use of means of transport by land, water or air where the use of means of transport is regulated by international agreements and the European Community directives giving effect to them and in so far as the use of means of transport falls within the disapplication in article 1.2(e) of Council Directive 1999/92/EC on minimum requirements for improving the safety and health of workers potentially at risk from explosive atmospheres(1), except for any means of transport intended for use in a potentially explosive atmosphere.

(3) Articles 19 and 21 impose duties only on responsible persons who are employers.

(4) The requirements of articles 8 to 23, or of any regulations made under article 24, do not have effect to the extent that they would prevent any of the following from carrying out their duties—

(a)any member of the armed forces of the Crown or of any visiting force;
(b)any constable or any member of a police force not being a constable;
(c)any member of any emergency service.
(5) Without prejudice to paragraph (4), article 14(2)(f) does not apply to any premises constituting, or forming part of, a prison within the meaning of the Prison Act 1952(2) or constituting, or forming part of, a remand centre, detention centre or youth custody centre provided by the Secretary of State under section 43 of that Act or any part of any other premises used for keeping persons in lawful custody or detention.

(6) Where paragraph (4) or (5) applies, the safety of relevant persons must nevertheless be ensured so far as is possible.

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2005 Para:1541-08 Duty to take general fire precautions

8.—(1) The responsible person must—

(a)take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and
(b)in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe.

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Regulatory Reform (Fire Safety) Order 2005 Para:1541-09 Risk assessment

9.—(1) The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.

(2) Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters set out in Part 1 of Schedule 1.

(3) Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if—

(a)there is reason to suspect that it is no longer valid; or
(b)there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions,
and where changes to an assessment are required as a result of any such review, the responsible person must make them.

(4) The responsible person must not employ a young person unless he has, in relation to risks to young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

(5) In making or reviewing the assessment, the responsible person who employs or is to employ a young person must take particular account of the matters set out in Part 2 of Schedule 1.

(6) As soon as practicable after the assessment is made or reviewed, the responsible person must record the information prescribed by paragraph (7) where—

(a)he employs five or more employees;
(b)a licence under an enactment is in force in relation to the premises; or
(c)an alterations notice requiring this is in force in relation to the premises.
(7) The prescribed information is—

(a)the significant findings of the assessment, including the measures which have been or will be taken by the responsible person pursuant to this Order; and
(b)any group of persons identified by the assessment as being especially at risk.
(8) No new work activity involving a dangerous substance may commence unless—

(a)the risk assessment has been made; and
(b)the measures required by or under this Order have been implemented.

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2005 Para:1541-10 Principles of prevention to be applied

10. Where the responsible person implements any preventive and protective measures he must do so on the basis of the principles specified in Part 3 of Schedule 1.

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2005 Para:1541-11 Fire safety arrangements

11.—(1) The responsible person must make and give effect to such arrangements as are appropriate, having regard to the size of his undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

(2) The responsible person must record the arrangements referred to in paragraph (1) where—

(a)he employs five or more employees;
(b)a licence under an enactment is in force in relation to the premises; or
(c)an alterations notice requiring a record to be made of those arrangements is in force in relation to the premises.

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2005 Para:1541-12 Elimination or reduction of risks from dangerous substances

12.—(1) Where a dangerous substance is present in or on the premises, the responsible person must ensure that risk to relevant persons related to the presence of the substance is either eliminated or reduced so far as is reasonably practicable.

(2) In complying with his duty under paragraph (1), the responsible person must, so far as is reasonably practicable, replace a dangerous substance, or the use of a dangerous substance, with a substance or process which either eliminates or reduces the risk to relevant persons.

(3) Where it is not reasonably practicable to eliminate risk pursuant to paragraphs (1) and (2), the responsible person must, so far as is reasonably practicable, apply measures consistent with the risk assessment and appropriate to the nature of the activity or operation, including the measures specified in Part 4 of Schedule 1 to this Order to—

(a)control the risk, and
(b)mitigate the detrimental effects of a fire.
(4) The responsible person must—

(a)arrange for the safe handling, storage and transport of dangerous substances and waste containing dangerous substances; and
(b)ensure that any conditions necessary pursuant to this Order for ensuring the elimination or reduction of risk are maintained.

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2005 Para:1541-13 Fire-fighting and fire detection

13.—(1) Where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons, the responsible person must ensure that—

(a)the premises are, to the extent that it is appropriate, equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and
(b)any non-automatic fire-fighting equipment so provided is easily accessible, simple to use and indicated by signs.
(2) For the purposes of paragraph (1) what is appropriate is to be determined having regard to the dimensions and use of the premises, the equipment contained on the premises, the physical and chemical properties of the substances likely to be present and the maximum number of persons who may be present at any one time.

(3) The responsible person must, where necessary—

(a)take measures for fire-fighting in the premises, adapted to the nature of the activities carried on there and the size of the undertaking and of the premises concerned;
(b)nominate competent persons to implement those measures and ensure that the number of such persons, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the premises concerned; and
(c)arrange any necessary contacts with external emergency services, particularly as regards fire-fighting, rescue work, first-aid and emergency medical care.
(4) A person is to be regarded as competent for the purposes of paragraph (3)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the measures referred to in that paragraph.

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2005 Para:1541-14 Emergency routes and exits

14.—(1) Where necessary in order to safeguard the safety of relevant persons, the responsible person must ensure that routes to emergency exits from premises and the exits themselves are kept clear at all times.

(2) The following requirements must be complied with in respect of premises where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons—

(a)emergency routes and exits must lead as directly as possible to a place of safety;
(b)in the event of danger, it must be possible for persons to evacuate the premises as quickly and as safely as possible;
(c)the number, distribution and dimensions of emergency routes and exits must be adequate having regard to the use, equipment and dimensions of the premises and the maximum number of persons who may be present there at any one time;
(d)emergency doors must open in the direction of escape;
(e)sliding or revolving doors must not be used for exits specifically intended as emergency exits;
(f)emergency doors must not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency;
(g)emergency routes and exits must be indicated by signs; and
(h)emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting.

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2005 Para:1541-15 Procedures for serious and imminent danger and for danger areas

15.—(1) The responsible person must—

(a)establish and, where necessary, give effect to appropriate procedures, including safety drills, to be followed in the event of serious and imminent danger to relevant persons;
(b)nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation of relevant persons from the premises; and
(c)ensure that no relevant person has access to any area to which it is necessary to restrict access on grounds of safety, unless the person concerned has received adequate safety instruction.
(2) Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph must—

(a)so far as is practicable, require any relevant persons who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;
(b)enable the persons concerned (if necessary by taking appropriate steps in the absence of guidance or instruction and in the light of their knowledge and the technical means at their disposal) to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and
(c)save in exceptional cases for reasons duly substantiated (which cases and reasons must be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
(3) A person is to be regarded as competent for the purposes of paragraph (1) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that paragraph.

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2005 Para:1541-16 Additional emergency measures in respect of dangerous substances

16.—(1) Subject to paragraph (4), in order to safeguard the safety of relevant persons arising from an accident, incident or emergency related to the presence of a dangerous substance in or on the premises, the responsible person must ensure that—

(a)information on emergency arrangements is available, including—
(i)details of relevant work hazards and hazard identification arrangements; and
(ii)specific hazards likely to arise at the time of an accident, incident or emergency;
(b)suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs;
(c)where necessary, before any explosion conditions are reached, visual or audible warnings are given and relevant persons withdrawn; and
(d)where the risk assessment indicates it is necessary, escape facilities are provided and maintained to ensure that, in the event of danger, relevant persons can leave endangered places promptly and safely.
(2) Subject to paragraph (4), the responsible person must ensure that the information required by article 15(1)(a) and paragraph (1)(a) of this article, together with information on the matters referred to in paragraph (1)(b) and (d) is—

(a)made available to relevant accident and emergency services to enable those services, whether internal or external to the premises, to prepare their own response procedures and precautionary measures; and
(b)displayed at the premises, unless the results of the risk assessment make this unnecessary.
(3) Subject to paragraph (4), in the event of a fire arising from an accident, incident or emergency related to the presence of a dangerous substance in or on the premises, the responsible person must ensure that—

(a)immediate steps are taken to—
(i)mitigate the effects of the fire;
(ii)restore the situation to normal; and
(iii)inform those relevant persons who may be affected; and
(b)only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with—
(i)appropriate personal protective equipment and protective clothing; and
(ii)any necessary specialised safety equipment and plant,which must be used until the situation is restored to normal.
(4) Paragraphs (1) to (3) do not apply where—

(a)the results of the risk assessment show that, because of the quantity of each dangerous substance in or on the premises, there is only a slight risk to relevant persons; and
(b)the measures taken by the responsible person to comply with his duty under article 12 are sufficient to control that risk.

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2005 Para:1541-17 Maintenance

17.—(1) Where necessary in order to safeguard the safety of relevant persons the responsible person must ensure that the premises and any facilities, equipment and devices provided in respect of the premises under this Order or, subject to paragraph (6), under any other enactment, including any enactment repealed or revoked by this Order, are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair.

(2) Where the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building for the purpose of ensuring that the requirements of paragraph (1) are met.

(3) Paragraph (2) applies even if the other premises are not premises to which this Order applies.

(4) The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).

(5) Where the occupier of the other premises is not also the owner of those premises, the references to the occupier in paragraphs (2) and (4) are to be taken to be references to both the occupier and the owner.

(6) Paragraph (1) only applies to facilities, equipment and devices provided under other enactments where they are provided in connection with general fire precautions.

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2005 Para:1541-18 Safety assistance

18.—(1) The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures.

(2) Where the responsible person appoints persons in accordance with paragraph (1), he must make arrangements for ensuring adequate co-operation between them.

(3) The responsible person must ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of the premises, the risks to which relevant persons are exposed and the distribution of those risks throughout the premises.

(4) The responsible person must ensure that—

(a)any person appointed by him in accordance with paragraph (1) who is not in his employment—
(i)is informed of the factors known by him to affect, or suspected by him of affecting, the safety of any other person who may be affected by the conduct of his undertaking; and
(ii)has access to the information referred to in article 19(3); and
(b)any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is—
(i)employed by him under a fixed-term contract of employment, or
(ii)employed in an employment business,as is necessary to enable that person properly to carry out the function specified in that paragraph.
(5) A person is to be regarded as competent for the purposes of this article where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures.

(6) Paragraph (1) does not apply to a self-employed employer who is not in partnership with any other person, where he has sufficient training and experience or knowledge and other qualities properly to assist in undertaking the preventive and protective measures.

(7) Paragraph (1) does not apply to individuals who are employers and who are together carrying on business in partnership, where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities—

(a)properly to undertake the preventive and protective measures; and
(b)properly to assist his fellow partners in undertaking those measures.
(8) Where there is a competent person in the responsible person’s employment, that person must be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.

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2005 Para:1541-19 Provision of information to employees

19.—(1) The responsible person must provide his employees with comprehensible and relevant information on—

(a)the risks to them identified by the risk assessment;
(b)the preventive and protective measures;
(c)the procedures and the measures referred to in article 15(1)(a);
(d)the identities of those persons nominated by him in accordance with article 13(3)(b) or appointed in accordance with article 15(1)(b) ; and
(e)the risks notified to him in accordance with article 22(1)(c).
(2) The responsible person must, before employing a child, provide a parent of the child with comprehensible and relevant information on—

(a)the risks to that child identified by the risk assessment;
(b)the preventive and protective measures; and
(c)the risks notified to him in accordance with article 22(1)(c),
and for the purposes of this paragraph, “parent of the child” includes a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989(1), for the child.

(3) Where a dangerous substance is present in or on the premises, the responsible person must, in addition to the information provided under paragraph (1) provide his employees with —

(a)the details of any such substance including—
(i)the name of the substance and the risk which it presents;
(ii)access to any relevant safety data sheet; and
(iii)legislative provisions (concerning the hazardous properties of any such substance) which apply to the substance; and
(b)the significant findings of the risk assessment.
(4) The information required by paragraph (3) must be—

(a)adapted to take account of significant changes in the activity carried out or methods or work used by the responsible person; and
(b)provided in a manner appropriate to the risk identified by the risk assessment.

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2005 Para:1541-20 Provision of information to employers and the self-employed from outside undertakings

20.—(1) The responsible person must ensure that the employer of any employees from an outside undertaking who are working in or on the premises is provided with comprehensible and relevant information on—

(a)the risks to those employees; and
(b)the preventive and protective measures taken by the responsible person.
(2) The responsible person must ensure that any person working in his undertaking who is not his employee is provided with appropriate instructions and comprehensible and relevant information regarding any risks to that person.

(3) The responsible person must—

(a)ensure that the employer of any employees from an outside undertaking who are working in or on the premises is provided with sufficient information to enable that employer to identify any person nominated by the responsible person in accordance with article 15 (1)(b) to implement evacuation procedures as far as those employees are concerned; and
(b)take all reasonable steps to ensure that any person from an outside undertaking who is working in or on the premises receives sufficient information to enable that person to identify any person nominated by the responsible person in accordance with article 15 (1)(b) to implement evacuation procedures as far as they are concerned.

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2005 Para:1541-21 Training

21.—(1) The responsible person must ensure that his employees are provided with adequate safety training—

(a)at the time when they are first employed; and
(b)on their being exposed to new or increased risks because of—
(i)their being transferred or given a change of responsibilities within the responsible person’s undertaking;
(ii)the introduction of new work equipment into, or a change respecting work equipment already in use within, the responsible person’s undertaking;
(iii)the introduction of new technology into the responsible person’s undertaking; or
(iv)the introduction of a new system of work into, or a change respecting a system of work already in use within, the responsible person’s undertaking.
(2) The training referred to in paragraph (1) must—

(a)include suitable and sufficient instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other relevant persons on the premises;
(b)be repeated periodically where appropriate;
(c)be adapted to take account of any new or changed risks to the safety of the employees concerned;
(d)be provided in a manner appropriate to the risk identified by the risk assessment; and
(e)take place during working hours.

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2005 Para:1541-22 Co-operation and co-ordination

22.—(1) Where two or more responsible persons share, or have duties in respect of, premises (whether on a temporary or a permanent basis) each such person must—

(a)co-operate with the other responsible person concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed on them by or under this Order;
(b)(taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed on him by or under this Order with the measures the other responsible persons are taking to comply with the requirements and prohibitions imposed on them by or under this Order; and
(c)take all reasonable steps to inform the other responsible persons concerned of the risks to relevant persons arising out of or in connection with the conduct by him of his undertaking.
(2) Where two or more responsible persons share premises (whether on a temporary or a permanent basis) where an explosive atmosphere may occur, the responsible person who has overall responsibility for the premises must co-ordinate the implementation of all the measures required by this Part to be taken to protect relevant persons from any risk from the explosive atmosphere.

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2005 Para:1541-23 General duties of employees at work

23.—(1) Every employee must, while at work—

(a)take reasonable care for the safety of himself and of other relevant persons who may be affected by his acts or omissions at work;
(b)as regards any duty or requirement imposed on his employer by or under any provision of this Order, co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with; and
(c)inform his employer or any other employee with specific responsibility for the safety of his fellow employees—
(i)of any work situation which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a serious and immediate danger to safety; and
(ii)of any matter which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a shortcoming in the employer’s protection arrangements for safety,in so far as that situation or matter either affects the safety of that first-mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this sub-paragraph.

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2005 Para:1541-24 Power to make regulations about fire precautions

24.—(1) The Secretary of State may by regulations make provision as to the precautions which are to be taken or observed in relation to the risk to relevant persons as regards premises in relation to which this Order applies.

(2) Without prejudice to the generality of paragraph (1), regulations made by the Secretary of State may impose requirements—

(a)as to the provision, maintenance and keeping free from obstruction of any means of escape in case of fire;
(b)as to the provision and maintenance of means for securing that any means of escape can be safely and effectively used at all material times;
(c)as to the provision and maintenance of means for fighting fire and means for giving warning in case of fire;
(d)as to the internal construction of the premises and the materials used in that construction;
(e)for prohibiting altogether the presence or use in the premises of furniture or equipment of any specified description, or prohibiting its presence or use unless specified standards or conditions are complied with;
(f)for securing that persons employed to work in the premises receive appropriate instruction or training in what to do in case of fire;
(g)for securing that, in specified circumstances, specified numbers of attendants are stationed in specified parts of the premises; and
(h)as to the keeping of records of instruction or training given, or other things done, in pursuance of the regulations.
(3) Regulations under this article—

(a)may impose requirements on persons other than the responsible person; and
(b)may, as regards any of their provisions, make provision as to the person or persons who is or are to be responsible for any contravention of that provision.
(4) The Secretary of State must, before making any regulations under this article, consult with such persons or bodies of persons as appear to him to be appropriate.

(5) The power of the Secretary of State to make regulations under this article—

(a)is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament;
(b)includes power to make different provision in relation to different circumstances; and
(c)includes power to grant or provide for the granting of exemptions from any of the provisions of the regulations, either unconditionally or subject to conditions.

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2022 Para:547-01 Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Fire Safety (England) Regulations 2022.

(2) These Regulations come into force on 23rd January 2023.

(3) These Regulations extend to England and Wales but apply in England only.

(4) These Regulations do not apply in relation to domestic premises within the House of Commons or the House of Lords or to military premises.

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2022 Para:547-02 Interpretation

2.—(1) In these Regulations—

“Approved Document B” means Approved Document B (Fire Safety), supporting requirements B1 to B5 of Part B of Schedule 1 to the Building Regulations 2010(1);“high-rise residential building” has the meaning given in regulation 3;“lift for use by firefighters” means any lift located within a firefighting shaft, and any passenger lift which has an override switch that enables the fire and rescue service to take control of the lift;“local fire and rescue authority” means the fire and rescue authority in whose area the building is situated;“military premises” means—
(a)military barracks,
(b)a building occupied solely for the purposes of the armed forces, or
(c)a building occupied solely for the purposes of any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(2);
“secure information box” means a box of the description in regulation 4.
(2) Other expressions in these Regulations which are listed in Appendix A to Approved Document B are to be interpreted in accordance with the meaning given to those expressions in that Appendix.

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2022 Para:547-03 Meaning of high-rise residential building

3.—(1) In these Regulations “high-rise residential building” means a building containing two or more sets of domestic premises that—

(a)is at least 18 metres above ground level; or
(b)has at least seven storeys.
(2) For the purposes of paragraph (1)—

(a)the height of a building is to be measured to the height to the top storey in accordance with Appendix D to Approved Document B;
(b)when determining the number of storeys a building has—
(i)any storey which is below ground level is to be ignored,
(ii)any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level, and
(iii)a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

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2022 Para:547-04 Secure information box

4.—(1) The responsible person in relation to a high-rise residential building must install and maintain a secure information box in or on the building.

(2) The secure information box must be—

(a)positioned at a location in or on the building which is readily accessible to the fire and rescue authority;
(b)capable of containing the documents required to be placed in it by these Regulations;
(c)reasonably secure from unauthorised access and vandalism.
(3) The responsible person must ensure that the following information is contained within the secure information box—

(a)the name, address and telephone number within the United Kingdom of the responsible person;
(b)the name and contact information of such other persons within the United Kingdom who are provided with the facilities to and are permitted to access the building as the responsible person considers appropriate;
(c)such documents as are required to be placed in it by these Regulations.
(4) The responsible person must provide the local fire and rescue authority with anything required to enable it to access the secure information box and must provide anything additional required as soon as reasonably practicable if there are any changes to those requirements.

(5) The responsible person must inspect the secure information box at least annually and ensure that it continues to meet the requirements in paragraph (2).

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Fire Safety Reg 2022 Para:547-05 Design and materials of external walls

5.—(1) The responsible person in relation to a high-rise residential building must prepare a record of the design of the external walls of the building, including details of the materials from which they are constructed.

(2) The record prepared under paragraph (1) must include details of the level of risk identified in the risk assessment required under article 9 of the Regulatory Reform (Fire Safety) Order 2005 that the design and materials of the external walls give rise to and any mitigating steps that have been taken in respect of that risk.

(3) The responsible person must prepare a revised record under paragraph (1) if there are any significant changes to the external walls of the building.

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2022 Para:547-06 Floor plans and building plan

6.—(1) The responsible person in relation to a high-rise residential building must prepare a plan for each floor of the high-rise residential building.

(2) The floor plans must, together, identify the location of all lifts and identify if the lift is one for use by firefighters or an evacuation lift, and the key fire-fighting equipment in the whole building.

(3) If the plans for two or more floors of a high-rise residential building would be the same in all material respects, the responsible person may comply with the obligation under paragraph (1) in relation to those floors by preparing a single plan that clearly indicates the floors to which the plan relates.

(4) The responsible person must also prepare a single-page building plan identifying the following—

(a)the environs of the building;
(b)details of the use of the building, for example for commercial or residential purposes;
(c)access for fire and rescue appliances;
(d)the dimensions of the building;
(e)information on the number of storeys of the building and the number of basement levels (if any);
(f)information regarding the presence of maisonettes or scissor section flats;
(g)inlets for dry-rising mains;
(h)inlets for wet-rising mains;
(i)the location of shut-off controls for any sprinklers;
(j)access points for the building;
(k)the location of the secure information box;
(l)the location of the controls for any smoke control system;
(m)the location of any firefighting shaft;
(n)the location of main stairways in the building;
(o)the location of the controls for any evacuation alert system.
(5) The responsible person must place a hard copy of the floor plans and building plan required by paragraphs (1) and (4) in the secure information box.

(6) The responsible person must update the floor plans and building plan as soon as reasonably practicable after any change to the layout of the building or location of key fire-fighting equipment.

(7) In this regulation “key fire-fighting equipment” includes—

(a)inlets for dry-rising mains;
(b)inlets for wet-rising mains;
(c)outlets for dry-rising mains;
(d)outlets for wet-rising mains;
(e)smoke control systems;
(f)suppression systems

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2022 Para:547-07 Lifts and essential fire-fighting equipment

7.—(1) The responsible person in relation to a high-rise residential building must undertake monthly routine checks of lifts for use by firefighters, evacuation lifts and essential fire-fighting equipment within the building.

(2) Where the responsible person identifies any fault with a lift for use by firefighters, evacuation lift or piece of essential fire-fighting equipment, the responsible person must take steps to rectify the fault.

(3) Where a fault identified under paragraph (2) cannot be rectified within a 24-hour period beginning with the time the fault is identified, the responsible person must, as soon as reasonably practicable—

(a)report the fault to the local fire and rescue authority by electronic means; and
(b)report the rectification of the fault to the local fire and rescue authority by electronic means when it has been rectified.
(4) The responsible person must make a record of the monthly checks undertaken pursuant to this regulation and make that record accessible to the residents of the building.

(5) In this regulation—

“essential fire-fighting equipment” means key fire-fighting equipment within the meaning of regulation 6(7) and any of the following located within the common parts of the building—
(a)fire detection and fire alarm systems including any detectors linked to ancillary equipment such as smoke control systems,
(b)evacuation alert systems,
(c)automatic door release mechanisms linked to fire alarm systems;
“routine check” means a check that any lift or piece of equipment is in efficient working order and in good repair, carried out in accordance with the relevant industry standard or any recommendations made by the manufacturers of equipment within an operators’ manual.

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2022 Para:547-08 Wayfinding signage

8.—(1) The responsible person in relation to a high-rise residential building must ensure that the building contains clear markings of floor identification and identification of domestic premises.

(2) For the purposes of paragraph (1), the “markings” means an identification designed and located in accordance with the guidance in Volume 1 of Approved Document B(1) on each landing within the stairways and in the lift lobbies of the floor level marked in such a way as to be visible both in low level lighting conditions or when illuminated with a torch.

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2022 Para:547-09 Information to residents

9.—(1) The responsible person must display fire safety instructions in a conspicuous part of any building—

(a)which contains two or more sets of domestic premises; and
(b)which contains common parts through which residents would need to evacuate in the case of an emergency.
(2) The fire safety instructions must—

(a)be in a comprehensible form that the residents can be reasonably expected to understand; and
(b)include—
(i)instructions relating to the evacuation strategy for the building,
(ii)instructions as regards how to report a fire to the fire and rescue authority, and
(iii)any other instruction that tells residents what they must do when a fire has occurred.
(3) The responsible person must provide a copy of the instructions referred to in paragraph (1)—

(a)to a new resident of domestic premises within the building, as soon as reasonably practicable after that resident moves into the premises; and
(b)to all residents of domestic premises within the building within each period of 12 months beginning with the date these Regulations come into force.
(4) After any material changes to the instructions, the responsible person must display the fire safety instructions in accordance with paragraph (1) and provide a copy to residents.

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2022 Para:547-10 Fire doors

10.—(1) The responsible person, in relation to a building which contains two or more sets of domestic premises and which contains common parts through which residents would need to evacuate in the case of an emergency, must provide the required information about fire doors to the residents of the building.

(2) The required information referred to in paragraph (1) is information to the effect that

(a)fire doors should be kept shut when not in use;
(b)residents or their guests should not tamper with the self-closing devices; and
(c)residents should report any faults or damages with doors immediately to the responsible person;
(3) The required information must be provided by the responsible person—

(a)to a new resident of domestic premises in the building, as soon as reasonably practicable after that resident moves into the premises; and
(b)to all residents of domestic premises within the building, within each period of 12 months beginning with the date these Regulations come into force.
(4) The responsible person, in relation to a building which contains two or more sets of domestic premises and which is above 11 metres in height, must use best endeavours to undertake checks of fire doors at the entrances of individual domestic premises in the building at least every 12 months.

(5) The responsible person must keep a record of the steps taken to comply with the obligation in paragraph (4) including in any case where access to the domestic premises was not granted during any 12 month period, the steps taken by the responsible person to try and gain access.

(6) The responsible person in relation to a building which contains two or more sets of domestic premises and which is above 11 metres in height, must undertake checks of any fire doors in communal areas of the building at least every 3 months.

(7) The checks required by paragraphs (4) and (6) must include ensuring that the self-closing devices for the doors are working.

(8) For the purposes of this regulation, height measurement of a building is to be calculated to the height to the top storey in accordance with regulation 3(2)(a).

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2022 Para:547-11 Provision of documents to local fire and rescue authority

11. The responsible person in relation to a high-rise residential building must provide the local fire and rescue authority by electronic means with the documents specified in—

(a)regulation 5 (design and materials in external walls); and
(b)regulation 6 (floor plans and building plan).

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2022 Para:547-12 Duty to review

12.—(1) At intervals of no more than 5 years, the Secretary of State must—

(a)carry out a review of the operation and effect of these Regulations; and
(b)publish the conclusions of the review in a report.
(2) Any report must in particular—

(a)set out the objectives intended to be achieved by these Regulations;
(b)assess the extent to which those objectives are achieved;
(c)assess whether those objectives remain appropriate; and
(d)where the objectives remain appropriate, assess the extent to which they could be more effectively achieved.

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2022 Para:547-note EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations are made under article 24(1) of the Regulatory Reform (Fire Safety) Order 2005 (“the Fire Safety Order”), which enables the making of regulations regarding precautions to be taken or observed in relation to the risk to safety of persons from fire in premises to which that Order applies.

Regulation 3 defines “high-rise residential building” and regulations 4 to 8 impose obligations on the responsible person (defined in article 3 of the Fire Safety Order) in relation to such buildings. These obligations require wayfinding signage, a secure information box to be installed in the building and for various plans and information to be placed within the box and for fire-fighting equipment to be regularly inspected.

Regulations 9 and 10 impose obligations on responsible persons as regards information to residents and fire doors in all residential buildings with communal areas.

Regulation 11 requires certain information to be supplied to fire and rescue authorities.

An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the Fire Safety Unit, Home Office, 2 Marsham Street, London SW1P 4DF and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

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2022 Para:603-01 Citation, extent, application and commencement

1.—(1) These Regulations may be cited as the Building etc. (Amendment) (England) Regulations 2022.

(2) These Regulations extend to England and Wales.

(3) These Regulations do not apply to any building in Wales (and “building” has the meaning given in regulation 2(1) of the Building Regulations 2010(2)).

(4) These Regulations come into force on 1st December 2022.

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2022 Para:603-02 Amendments to the Building Regulations 2010

2.—(1) The Building Regulations 2010 are amended in accordance with the following provisions.

(2) In regulation 2(6) (interpretation)—

(a)at the end of sub-paragraph (a)(iv) omit “and”; and
(b)for sub-paragraph (b) substitute—
“(b)“reaction to fire classification” means BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using data from reaction to fire tests.” published by the British Standards Institution in 2019;
(c)“relevant metal composite material” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—
(i)two or more of which are made of metal, alloy or metal compound; and
(ii)one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” published by the British Standards Institution in 2018;and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;
(d)“specified attachment” means—
(i)a balcony attached to an external wall;
(ii)a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or
(iii)a solar panel attached to an external wall; and
(e)“solar shading device” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight.”
(3) In regulation 6 (requirements relating to material change of use)—

(a)in paragraph (1)(c) for “fifteen” substitute “eleven”;
(b)for paragraph (3) substitute—
“(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, shall be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).”

(4) In regulation 7 (materials and workmanship)—

(a)after paragraph (1) insert—
“(1A) Building work shall be carried out so that relevant metal composite material does not become part of an external wall, or specified attachment, of any building.”;

(b)for paragraph (2) substitute—
“(2) Subject to paragraph (3), building work shall be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).”;

(c)in paragraph (3)—
(i)after sub-paragraph (d) insert—
“(da)fibre optic cables;”;
(ii)in sub-paragraph (e) after “ground level” insert “or up to 300mm above that level”;
(iii)after sub-paragraph (h) insert—
“(ha)components associated with a solar shading device excluding components whose primary function is to provide shade or deflect sunlight such as the awning curtain or slats;”
(iv)at the end of sub-paragraph (i) omit “or”;
(v)at the end of sub-paragraph (j) insert—
“; or

(k)materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-sl (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.”;
(d)in paragraph (4)(a)(iii) omit “(excluding any room in a hostel, hotel or boarding house)”.

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2022 Para:603-03 Other amendments

3.—(1) After regulation 1(3) of the Building Regulations etc. (Amendment) (England) Regulations 2021(1) insert—

“(4) In this regulation and regulation 17, “building” and “building work” have the meanings given in regulation 2(1) of the Building Regulations 2010.”.

(2) After regulation 1(4) of the Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021(2) insert—

“(5) In this regulation and regulation 4, “building” and “building work” have the meanings given in regulation 2(1) of the Building Regulations 2010.”.

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2022 Para:603-04 Transitional provisions

4.—(1) The amendments made by regulation 2 do not apply in any case where a building notice or initial notice has been given to, or full plans deposited with, a local authority before the day these Regulations come into force and either the building work to which it relates—

(a)has started before that day; or
(b)is started within the period of six months beginning on that day.
(2) In this regulation, “building notice”, “building work”, “full plans” and “initial notice” have the meanings given in the Building Regulations 2010.

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2022 Para:603-note EXPLANATORY NOTE (This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Building Regulations 2010 (S.I. 2010/2214).

The amendment in regulation 2(2) inserts a new definition of reaction to fire classification which updates the classification to the most recent version published in 2019 by the British Standards Institution. It also inserts a new definition of relevant metal composite material and includes reference to solar shading devices in the definition of ‘specified attachment’. It also provides a definition of solar shading devices.

Regulation 2(3) provides that where a building’s use has changed such that it falls within the definition of a relevant building where previously it did not, materials which form part of the external wall or specified attachment must meet the updated reaction to fire classification.

Regulation 2(4)(a) prohibits relevant metal composite material becoming part of the external wall or a specified attachment when building work is undertaken.

Regulation 2(4)(b) provides that when work is done on a relevant building any material that becomes part of the external wall or a specified attachment must meet the updated reaction to fire classification.

Regulation 2(4)(c) adds to the list of exemptions from the requirement of materials to meet the reaction to fire classification standard. It exempts fibre optic cables and components of solar shading devices excluding those whose primary function is to provide shade or deflect sunlight such as awning curtains or slats. It extends the exemption on insulation and waterproofing materials used below ground level to such materials used up to 300mm above that level. It also exempts materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-sl provided that the entire layer has an imperforate substrate under it.

Regulation 2(4)(d) amends the definition of relevant building with the effect that the combustible materials prohibition in regulations 6(3) and 7(2) now applies to hostels, hotels, and boarding houses.

Regulation 3 amends the Building Regulations etc. (Amendment) (England) Regulations 2021 and the Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021 to define “building” and “building work” for certain purposes in those Regulations.

Regulation 4 contains transitional provisions. The changes in regulation 2 will not apply where a building notice or an initial notice has been given, or full plans deposited, with a local authority before the day the Regulations come into force and the work has either started by that day or starts in the 6 months following that day.

An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk. A copy is also available from the Department of Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.

Copies of the British Standard referred to in these Regulations can be obtained from www.bsigroup.com and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL (telephone number 0345 086 9001), and are also made available for inspection free of charge by contacting the Building Regulations Technical Policy Team at the Department of Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.

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2023 Para:907-02 Interpretation

In these Regulations—

“the 2022 Act” means the Building Safety Act 2022;“AP” means accountable person(1);“PAP” means principal accountable person(2);“the register” means the register of higher-risk buildings held by the regulator pursuant to section 78 of the 2022 Act.

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This list was generated on Fri Apr 12 15:30:37 2024 UTC.