Since 6 April 2026, the Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 have been in force across England.
For many landlords and building owners, the immediate question is a practical one: does this apply to me?
The answer depends on the type of building you manage, your role within it, and the residents who live there.
This article sets out exactly who needs a RPEEP, who is responsible for delivering one, and which residents are eligible to receive one.
Does Your Building Need a RPEEP?
The regulations apply to residential buildings in England that fall into one of two categories.
The first category covers all multi-residential buildings containing two or more sets of domestic premises that are at least 18 metres above ground level or have at least seven storeys.
The second covers multi-residential buildings of more than 11 metres in height where a simultaneous evacuation strategy is in place.
A simultaneous evacuation strategy means that all residents are instructed to leave the building at the same time if a fire breaks out, regardless of where in the building the fire is located.
This is distinct from a “stay put” strategy, where residents in unaffected parts of the building are told to remain in their flats.
Buildings that fall below these thresholds are currently out of scope.
Lower-rise residential buildings, purpose-built student accommodation where a simultaneous evacuation strategy is not in place, and single domestic premises are not covered by the regulations.
However, it is worth noting that disability advocates and some legal commentators have argued that the height thresholds are too restrictive, and the scope of the regulations may be reviewed in future.
Who Is the Responsible Person?
The legal duties under the RPEEP regulations sit with the Responsible Person (RP).
This is not a new concept: the term is already defined under the Regulatory Reform (Fire Safety) Order 2005 and refers to whoever has control over a building or its common parts.
Under the RPEEP regulations, the government guidance confirms that the Responsible Person is typically one of the following:
- The building owner.
- A landlord (including private landlords and registered social landlords).
- A managing agent or property management company.
- A Residents Management Company (RMC) or Right to Manage Company.
- Any individual or organisation with control over the building or its common parts.
In practice, there may be more than one party with a degree of control over a building.
Where this is the case, GOV.UK guidance makes clear that the duties apply to whoever has the greater degree of control.
If you are unsure whether the duties fall to you or another party, this should be established and documented as a matter of priority.
Is There a Difference Between Social and Private Landlords?
The short answer is no.
The RPEEP duties apply equally to private landlords, housing associations, local authority housing providers, Residents Management Companies and any other Responsible Person with control over a qualifying building.
The regulations make no distinction based on the tenure of residents or the type of landlord involved.
This is an important point for private landlords in particular, who may have assumed that RPEEP obligations would fall primarily on housing associations or local authorities.
If you own or manage a qualifying private rented building, the duties are yours to discharge.
Which Residents Qualify for a RPEEP?
The regulations use the term “relevant resident” to describe those eligible for an RPEEP.
A relevant resident is someone who:
- Lives in the building as their only or principal home.
- Has a physical mobility impairment, a sensory impairment (such as sight or hearing loss), a cognitive condition, or any other factor that could make self-evacuation difficult or impossible in the event of a fire.
The principal residence requirement is significant.
Residents who use a property as a second home, a holiday let or a short-term rental are not covered by the regulations.
Only those for whom the building is their primary place of residence are classified as relevant residents.
It is also important to understand that the legislation does not set a formal list of qualifying conditions or diagnoses.
The test is functional: can the resident evacuate without assistance?
Conditions that may qualify a resident include, but are not limited to:
- Mobility impairments, including those requiring use of a wheelchair or mobility aid.
- Visual impairments.
- Hearing impairments.
- Cognitive conditions including dementia.
- Conditions affecting stamina or breathlessness.
- Temporary impairments, such as recovery from surgery, that affect a resident’s ability to evacuate at a given point in time.
There is no requirement for a formal medical diagnosis.
The Responsible Person is not expected to make clinical judgements but to use reasonable judgement based on what they know or what the resident tells them.
No detailed personal or medical information should be collected without the resident’s explicit consent.
How Does the Responsible Person Identify Relevant Residents?
The regulations require the Responsible Person to use “reasonable endeavours” to identify relevant residents.
This is a deliberate standard: it does not require an exhaustive investigation or the commissioning of medical reports, but it does require a proactive and genuine effort.
In practice, reasonable endeavours might include writing to all residents to ask if they feel they would need support to evacuate in the event of a fire, including this question in new tenancy sign-up processes, and creating a straightforward and accessible route for residents to self-refer at any point.
Responsible Persons are also encouraged to be alert to information they may already hold.
For example, if a resident has previously requested adaptations to their flat, this could indicate a need.
Residents who believe they may need support are also encouraged by fire and rescue services to contact their building manager directly, rather than waiting to be identified.
What If a Resident Refuses to Engage?
Participation in the RPEEP process is entirely voluntary.
A resident cannot be compelled to engage with the process, accept an evacuation statement or consent to their information being shared with the Fire and Rescue Service.
They may also withdraw consent at any time.
Where a resident declines to participate, the Responsible Person should record this outcome and ensure it is reflected in their fire safety documentation.
The duty on the Responsible Person is to offer and to make reasonable endeavours to identify; it does not extend to compelling participation.
This is one of the areas where the RPEEP regulations have attracted criticism from disability groups.
Organisations including Inclusion London and Disability Rights UK have argued that placing the decision entirely with the resident, without stronger support structures in place, risks leaving the most vulnerable people without adequate protection.
These are important concerns, and Responsible Persons should approach the identification and engagement process as thoroughly and sensitively as possible.
Common Misconceptions About Who Is Exempt
Several misconceptions have emerged since the regulations came into force. It is worth addressing the most common ones directly.
“My building has a stay put policy, so the regulations do not apply.” This is not correct for high-rise buildings of 18 metres or seven storeys and above. All such buildings with two or more sets of domestic premises are in scope regardless of their evacuation strategy.
“The fire risk assessment covers this.” The RPEEP process sits alongside, not inside, your existing fire risk assessment. While the two interact closely, the Person-Centred Fire Risk Assessment required under the RPEEP regulations is a separate, resident-specific assessment and cannot be satisfied by a building-level fire risk assessment alone.
“This only applies to social housing.” As set out above, the regulations apply equally to private rented, leasehold, social rented and any other qualifying residential building. Tenure type is not a factor.
“We have no disabled residents, so we have no obligations.” The Responsible Person cannot simply assume there are no relevant residents. The obligation to use reasonable endeavours to identify them applies to all qualifying buildings. Additionally, all buildings in scope must prepare a Building Emergency Evacuation Plan regardless of whether any relevant residents have been identified.
At ESI Fire Safety, we support landlords and building owners in understanding exactly where their duties lie and in putting the right processes in place. Whether you are unsure if your building is in scope, or you need help building a compliant RPEEP framework, our team is ready to help.
In the next article in this series, we look at what a RPEEP must actually contain, including a step-by-step breakdown of the required components and the difference between the RPEEP process and a standard fire risk assessment.
| Sources & References 1. Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (gov.uk) 2. Residential PEEPs: Guidance for Responsible Persons, MHCLG, December 2025 (gov.uk) 3. Residential PEEPs: Factsheet, GOV.UK, December 2025 4. Regulatory Reform (Fire Safety) Order 2005, definition of Responsible Person 5. Clyde & Co: Are you a Responsible Person? New legal duties apply, April 2026 6. Cheshire Fire & Rescue Service: RPEEP guidance (cheshirefire.gov.uk) 7. London Fire Brigade: RPEEPs, April 2026 (london-fire.gov.uk) 8. Disability News Service: Government’s weak evacuation plans for disabled high-rise residents, July 2025 |
