Fire Safety Act 2021: What Freeholders and Responsible Persons Must Do
The Fire Safety Act 2021 widened the Regulatory Reform (Fire Safety) Order 2005 to cover flat entrance doors and external walls in blocks of flats. If you are the Responsible Person for a block, you need to know what that means in practice. This guide walks through the new scope, the Fire Safety (England) Regulations 2022 that followed, the documentation you must keep, and the practical work most Thames Valley blocks need.
Key takeaways
- •The Fire Safety Act 2021 extended the Regulatory Reform Order to include flat entrance doors and external walls in multi-occupied residential buildings.
- •The Responsible Person is usually the freeholder, managing agent, or RMC director. They are legally liable for fire safety assessment and action.
- •The Fire Safety (England) Regulations 2022 added specific duties for buildings over 11 metres: flat entrance door checks, common-parts quarterly checks, and wayfinding signage.
- •Failure to comply carries unlimited fines under the Regulatory Reform Order and potentially criminal liability.
- •Practical compliance work includes FD30S flat entrance doors, quarterly common-parts fire door checks, external wall reviews, and a Building Safety Case for higher-risk buildings.
What the Fire Safety Act 2021 actually changed
The Regulatory Reform (Fire Safety) Order 2005 is the main UK fire safety statute for non-domestic premises and the common parts of residential buildings. Before 2021, the Order's scope in residential blocks was ambiguous. The Fire Safety Act 2021 settled it. The Order now explicitly covers the structure and external walls of multi-occupied residential buildings, all doors between domestic premises and common parts (including flat entrance doors), and anything else identified in the fire risk assessment. The change means every Responsible Person must now assess and manage fire safety for the flat entrance doors and external walls, not just the hallways and staircases.
Who is the Responsible Person?
The Responsible Person is the duty-holder under the Regulatory Reform Order. For a block of flats, this is usually the freeholder, the managing agent acting on behalf of the freeholder, or the Resident Management Company directors where the residents collectively own the freehold. Right-to-Manage companies also take on the Responsible Person role. There can be more than one Responsible Person in a single building, and they must share information and coordinate. If you are a managing agent acting on instructions from a freeholder, you are a Responsible Person by law.
Fire Safety (England) Regulations 2022
The 2022 Regulations added practical duties on top of the 2021 Act. For buildings over 11 metres in height, the Responsible Person must carry out quarterly checks of common-parts fire doors and annual checks of flat entrance doors. Information about fire safety measures must be provided to residents in a form they can understand. Wayfinding signage identifying floor numbers and flat numbers must be installed. For buildings over 18 metres, a Building Safety Case becomes required under the Building Safety Act 2022. Most Thames Valley stock sits in the 11 to 18 metre range, which means the 2022 Regulations apply but the Building Safety Act case regime does not.
External walls, cladding, and what to check
The extended scope of the 2021 Act means the Responsible Person must now assess external wall fire safety as part of the fire risk assessment. This does not mean every block needs a full Type 4 intrusive survey. For most blocks in the Thames Valley built post-1990, a desktop review against the original construction details plus a visual inspection is enough. For blocks with known cladding concerns, aluminium composite material, high-pressure laminate, or timber balconies, a qualified external wall survey (EWS1 or equivalent) is needed. Insurers and lenders also increasingly ask for an EWS1 form when valuing flats.
Flat entrance fire doors
Flat entrance doors in multi-occupied blocks now need to meet at least FD30S fire door standards in most cases. The door must self-close, the intumescent strips and cold-smoke seals must be intact, and the door gap must be 3 to 4 mm around the leaf. Annual checks by the Responsible Person are required for buildings over 11 metres. These are visual-and-operational checks, not the full FDIS-style inspection. Asuka247 carries out the visual checks under a contract and flags anything that needs remediation. Flat entrance doors owned by leaseholders sit in a grey zone where both the leaseholder and the freeholder have overlapping responsibilities. The annual check usually sits with the Responsible Person.
Documentation and the fire risk assessment
The fire risk assessment is the core document. It must be kept up to date, reviewed regularly, and made available to residents on request. Since 2023 the assessment must be recorded in full for every building, regardless of size. Competent-person sign-off is required, which in practice means a chartered or certified fire risk assessor. The assessment should identify hazards, state control measures, list any deficiencies, and set a remediation plan with target dates. The Responsible Person is liable for acting on the findings. An assessment in a drawer with no action log is a direct breach.
Enforcement and penalties
The Regulatory Reform Order gives fire and rescue services, local authorities, and the Health and Safety Executive enforcement powers. They can serve alterations notices, enforcement notices, and prohibition notices. Breach is a criminal offence with potentially unlimited fines and up to 2 years in prison for serious cases. Civil liability is also on the table if a fire injures a resident and the Responsible Person cannot show they discharged their duties. Insurance premiums for blocks without up-to-date fire risk assessments and remediation plans have risen substantially since 2023.
Practical next steps for Thames Valley Responsible Persons
First, confirm your fire risk assessment is less than 12 months old and has been reviewed since the 2022 Regulations came in. Second, check whether flat entrance doors meet FD30S or have a documented remediation plan. Third, confirm common-parts fire door checks are happening quarterly and being logged. Fourth, check external wall classification. Fifth, install wayfinding signage if the building is over 11 metres and lacks it. Sixth, gather the resident information pack and keep a copy on file. Asuka247 delivers the practical remediation work across the Thames Valley and coordinates with your fire risk assessor on the inspection evidence.
Frequently asked questions
Does the Fire Safety Act 2021 apply to my block?
Yes if your building has two or more domestic premises. The Act applies to all multi-occupied residential buildings, regardless of height. The specific 2022 Regulation duties scale with building height at 11 and 18 metres.
Who pays for fire safety remediation in a block of flats?
The cost usually passes through the service charge subject to the lease terms. For works over 250 GBP per flat, Section 20 consultation applies. For cladding remediation, the Building Safety Act 2022 introduced a protection regime that prevents certain costs being passed to qualifying leaseholders.
Do I need a new fire risk assessment just because the law changed?
You need to make sure your existing assessment has been reviewed against the widened scope of the 2021 Act and the 2022 Regulations. If it has not been reviewed since 2022 it is out of date. Most competent-person assessors will issue a revised assessment rather than starting from scratch.
What is an EWS1 and do I need one?
EWS1 is an External Wall System form used by lenders and valuers to assess fire safety of external walls. Buildings over 11 metres with potentially combustible materials typically need one. Newer blocks with clearly non-combustible external walls can often avoid the full survey with documentary evidence.
Can the freeholder demand access to my flat for a fire door check?
Yes in most cases. The 2022 Regulations place a duty on the Responsible Person to carry out annual flat entrance door checks in buildings over 11 metres. Leaseholders are expected to give reasonable access. Uncooperative leaseholders should be documented, and enforcement action can be taken.
What does Asuka247 deliver for Thames Valley Responsible Persons?
We install FD30S fire doors, carry out fire stopping, deliver quarterly common-parts checks with written reports, install wayfinding signage, and supply compliance packs for insurers and enforcing authorities. We work across every Thames Valley town.
Need help on your block?
Asuka247 delivers Fire Safety Act 2021 remediation across the Thames Valley. Call 07931 118 247 or book a site survey.
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Published 2026-04-17. Last updated 2026-04-17.