The past year has seen continued attention on fire safety in the United Kingdom, culminating in the publication of the Phase 2 report of the Grenfell Tower Inquiry and resultant proposals for reform.
In this article, Hannah Eales and Darcy Moffat at Kingsley Napley highlight some of the developments that occurred throughout 2024, and turn to what 2025 might have in store.
It has now been over 12 months since increased obligations on Responsible Persons commenced under the Regulatory Reform (Fire Safety) Order 2005 (“Fire Safety Order”). These obligations, which commenced in October 2023, are explained in detail in our articles from April 2024 and September 2024.
Over a year on, and our experience shows that some Responsible Persons continue to grapple with the extent of their obligations. Changed requirements in respect of risk assessments is one particular area that continues to give rise to questions. As set out in our article from March 2024, this is one of the most commonly alleged and investigated breaches against Fire Risk Assessors. As such, it remains as important as ever for duty holders to understand their obligations and what is required for compliance.
The fire risks posed by lithium-ion batteries was in full focus throughout 2024 largely due to the occurrence of related fires both domestically and overseas. There were various developments across the UK in relation to these risks and its regulation. In relation to construction sites, the London Fire Brigade issued a safety advice setting out practical steps that can be taken to prevent against the specific risks posed by lithium-ion batteries on construction sites.
Elsewhere, in July 2024, the Private Members’ Lithium-Ion Battery Safety Bill was introduced into the House of Lords and reached the committee stage. This bill focuses on the online sale of lithium-ion batteries, and the use of these batteries in electric bikes and scooters, as well as certain consultation requirements and the development of specific regulations. Whilst it is unclear if this Private Members’ bill will progress through Parliament, product safety was identified as an area of focus, for the UK Government, in this year’s King’s speech.
Exactly how lithium-ion batteries will be regulated remains to be seen. In the meantime, duty holders should be mindful that the fire safety obligations apply to lithium-ion batteries and Responsible Persons should already be alert to the risks they pose in their compliance with these obligations, and health and safety duties more broadly.
For further information about the fire risks associated with lithium-ion batteries, and appropriate responses to those risks, please see our July and November articles.
In September 2024, the UK Government announced that, from early March 2025, it would be a requirement for all new-build residential care homes in England to include fire sprinklers.
On 2 December 2024, the Government announced the release of their response to Emergency Evacuation Information Sharing Plus (EEEIS+) consultation, setting out further detail of the new Residential PEEP policy. Dame Diana Johnson DBE, in announcing the response stated the policy would introduce ‘new measures to improve the fire safety for vulnerable residents in high-rise and higher-risk residential blocks of flats’ and described it as a ‘milestone’ in meeting the recommendations from the Grenfell Tower Inquiry. Legislation will be introduced to deliver a version of the five-step process outlined in the consultation.
This five step process would include the Responsible Person defining a building evacuation strategy; identifying those residents who need support to evacuate; utilising a Person-Centred Fire Risk Assessment (“PCFRA”) checklist; sharing information with the local Fire and Rescue Service; and enabling the FRS to access and use that information in the event of fire. Responsible Persons will be required to ‘undertake reasonable steps to identify vulnerable residents and take a ‘reasonable endeavours’ approach to follow through with that identification if contact is not easily established, while leaving the final decision on whether to come forward with the residents themselves.’
The PEEPs will be known as ‘residential PEEPs’ to distinguish them from those commonly found in the workplace, and will be mandated in all high-rise residential buildings and residential buildings between 11 and 18 metres with simultaneous evacuation strategies in place.
The end of November 2024 saw the release of the updated fire safety standard (BS 9991:2024) (2024 Standard) by the British Standards Institution. These standards provide technical guidance and standards applicable to residential buildings.
The 2024 Standards come nearly 10 years after the release of the previous version in 2015, with the updates including a wider scope such that the standards now cover residential care homes. The changes have also introduced guidance in relation to height limits for buildings with single stairs, updated guidance on the installation of sprinklers, and recommendations related to evacuation lifts.
It would be wise for those involved in the design, construction and refurbishment of residential buildings, and material used in these projects, to familiarise themselves with the 2024 Standards.
In early December 2024, the recently elected Labour Government announced its Remediation Acceleration Plan in relation to unsafe cladding on buildings in England. The announced plan includes requirements and timeframes around the removal of unsafe cladding on buildings of certain heights. When announcing the plan, the Deputy Prime Minister stated that “[t]he pace of remediation has been far too slow for far too long”.
At this stage, the requirements look to include:
Failing to meet these deadlines may expose landlords to penalties. Whilst the identification and remediation of unsafe cladding has remained a priority for the industry since the Grenfell Tower fire, the announced timeframe will likely see increased activity in this space over the coming years.
The plan includes two additional objectives which are:
Further details about the steps which the Government intends to take over the next few years in order to achieve these objectives are set out the policy paper released by the Ministry of Housing, Communities & Local Government on 2 December 2024.
Credit: Mikolaj/Unsplash
We expect that fire safety will remain at the forefront of safety considerations in 2025. Unsurprisingly, changes in this space will stem from the recommendations contained in the Grenfell Fire Inquiry’s Phase 2 report.
Recommendations from the Phase 2 Report
As with the observations and recommendations made in the Phase 1 report, those contained in the Phase 2 report (released in September 2024) demonstrate the broad reach and interwoven nature of fire safety responsibilities. The recommendations at a high-level include:
What do these recommendations mean?
It is not yet known which of the Inquiry’s most recent recommendations will be implemented, or by when this may occur. The new UK Labour Government has however committed to providing responses, within the next six months, to each of the 58 recommendations that the Inquiry has made.
Responsibility for fire safety does not sit with one industry, organisation or individual. This is made clear from the current legislation and regulations including the Fire Safety Order and Building Safety Act, as well as the findings of the Grenfell Tower Inquiry.
It is a complex and evolving area of responsibility which will continue in its dynamism well into 2025. Identifying applicable obligations, and ensuring compliance, should continue to be a key priority for duty holders, as should remaining alert to further developments over the next 12 months.
