01/07/09v
How does fire safety legislation affect your property?
This leaflet is for freeholders, owners, long-leaseholders and managing agents of flats and houses in multiple occupation (HMOs).
Who takes the lead role for fire safety? The introduction of the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005 (Fire Safety Order) has resulted in certain overlapping duties related to fire safety within residential accommodation. Under an agreed protocol Rother District Council will take the lead role when necessary for dealing with certain fire safety matters in residential accommodation as shown in the following table:
- Single dwellings
- Houses in Multiple Occupation (HMO) whether or not subject to mandatory, selective or additional licensing.
- Self-contained flats, whether purpose built or converted.
- Premises with mixed commercial and associated residential accommodation and sheltered housing.
Rother District Council
- Hostels/Bed and Breakfast establishments (B&B)/Hotels.
- All multiple-occupied accommodation that is owned or managed by the Local Housing Authority.
What do you need to do? Most residential premises will require some form of automatic fire/smoke detection system.
Flats and HMOs with common parts will usually require a protected escape route with fire doors. Other measures may also be required e.g. emergency lighting, fire separation, signs and equipment. You are also likely to need to carry out a risk assessment.
Information you need to read:
- LACORS Housing Fire Safety guidance 2008
The Council’s private sector housing team uses the Housing Health and Safety Rating System (HHSRS) to assess residential accommodation. The HHSRS was introduced under the Housing Act 2004 and covers 29 hazards including fire. The Council will usually require the relevant person to provide fire safety solutions as suggested in the LACORS guidance. If necessary, enforcement action may be used to ensure fire safety matters are improved.
Part A:2 of the guidance describes the range of existing residential premises which are covered within the guide. You should be able to find an example of your property type within the case studies described in Part D. This will enable you to compare your existing fire safety measures with the reasonable and acceptable standard. The case studies should be read in conjunction with Parts A, B & C of the guidance.
The guidance can be downloaded from
- Regulatory Reform (Fire Safety) Order 2005
The Fire Safety Order 2005 places a duty on the responsible person (usually the freeholder/landlord or managing agent) to carry out a fire risk assessment for the purpose of identifying the general fire precautions and other measures needed to comply with the Order. Specialist companies can undertake the risk assessment for you – but you should ensure that they are competent and preferably third party accredited. The Order is enforced by the Fire and Rescue Service and relates to the common areas of flats and HMOs (but not shared houses).
The Fire Safety Order does not apply to the individual flats, maisonettes, bedsits or residential units themselves (except for serious and imminent danger - where a prohibition notice can be served).
Part B of the LACORS Fire Safety guide also contains an overview of the requirements of the Fire Safety Order. More detailed information is provided in the HM Government Fire Safety Risk Assessment guide for Sleeping Accommodation and can be downloaded from the following website: or you can purchase this guide from TSO online at or by telephoning 0870 600 5522.
Getting an automatic fire detection system installed:
You should always use a reputable (third party accredited) installation company and if possible obtain references. You are responsible for ensuring that your scheme complies with all applicable Regulations and British Standards etc. Therefore, you should consider appointing a qualified & accredited fire detection designer/installer/commissioning contractor in order to satisfy the requirement of: “providing upon completion of each fire alarm installation a Certificate of Design, Installation and Commissioning in a format that satisfies the current requirements of BS 5839”.
Electrical installation work related to the alarm system must be carried out by a competent person in accordance with Part P of the Building Regulations. Preferably, this should be an Electrical Contractor that is registered by a supervising organisation for example, the National Inspection Council for Electrical Installation Contracting (NICEIC). To complicate matters, some qualified electricians (including some registered by the NICEIC) are not ‘qualified’ to design, install, or commission a domestic fire alarm system and issue a Certificate – therefore it is your responsibility to check this.
Further information:
Further information about the Housing Act 2004 or the HHSRS and your responsibilities under it can be found on Rother District Council’s website: under Private Sector Housing. Alternatively, please contact one of the local Environmental Health Officers on 01424 787566.
Further information on the Fire Safety Order and your responsibilities under it can be found on the East Sussex Fire & Rescue Services website: under the Business Fire Safety link. Alternatively, please contact a local Fire Safety Officer on 01323 462171.
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