It is a question that comes up regularly, particularly among landlords and managing agents who are responsible for residential buildings containing two or more flats and who may not be familiar with the fire safety obligations that apply to the shared parts of those buildings.
The short answer is yes.
But understanding why, and what that means in practice, is important for anyone responsible for a building with communal areas, whether that is a small converted house divided into two flats or a large purpose-built residential block.
What is a Communal Area?
A communal area, sometimes referred to as a common part, is any part of a building that is not within the exclusive occupation of a single residential unit and that is shared by, or accessible to, more than one occupant or household.
In a residential building, communal areas typically include the entrance hall and lobby, internal corridors and hallways on each floor, staircases and landings, lifts and lift lobbies, bin stores, bicycle stores, plant rooms, car parks, external walkways and access routes, and any other shared spaces within or immediately around the building.
They do not typically include the interior of individual flats or other self-contained residential units, though as discussed later in this article, the flat entrance door and certain other elements of the individual unit are now explicitly within scope of the Responsible Person’s duties.
What Does the Law Say?
The legal requirement for a fire risk assessment of communal areas in residential buildings is clear and unambiguous.
Under Article 9 of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541), the Responsible Person for any non-domestic premises is required to carry out a suitable and sufficient fire risk assessment.
The RRO applies to the common parts of buildings that contain two or more sets of domestic premises.
This means that any building containing two or more flats, bedsits, or other self-contained residential units with shared communal areas is subject to the RRO in respect of those communal areas, regardless of the size of the building, the number of storeys, the age of the building, or the tenure of the occupants.
There is no minimum size threshold.
A converted Victorian terraced house divided into two flats is subject to the same legal requirement as a 20-storey purpose-built residential tower.
The fire risk assessment must be suitable and sufficient, meaning that it must genuinely reflect the specific hazards and risks present in the building and must identify appropriate measures to address them.
A cursory or generic assessment that does not engage with the specific characteristics of the building is not a suitable and sufficient assessment, regardless of whether it has been signed off by a professional.
Who is the Responsible Person?
The Responsible Person for the communal areas of a residential building is the person or organisation with control of those areas.
In most cases, this will be the freeholder of the building, the head leaseholder where they have repairing obligations for the common parts, the residents management company, or the right to manage company.
Where a managing agent has been appointed to manage the building on behalf of the freeholder or management company, the day-to-day fire safety management responsibilities may be delegated to the agent.
However, the ultimate legal responsibility under the RRO remains with the Responsible Person, and delegation to a managing agent does not absolve the Responsible Person of their duties.
What Changed With the Fire Safety Act 2021?
Before the Fire Safety Act 2021 (c.24) came into force, there was ambiguity about whether the RRO applied to certain elements of residential buildings, particularly the external walls and the flat entrance doors of individual units.
Some building owners and managers argued that these elements fell outside the scope of the RRO on the basis that they formed part of the individual domestic premises rather than the common parts.
The Fire Safety Act 2021 resolved this ambiguity by explicitly amending the RRO to make clear that the duties of the Responsible Person extend to the structure of the building and its external walls, including cladding, balconies, and windows, and to the entrance doors of individual flats that open onto communal areas.
This was a significant change that brought the entire fabric of the building, not just the interior communal spaces, firmly within the scope of the Responsible Person’s fire safety duties.
It means that the fire risk assessment for a residential building must now address not only the internal communal areas but also the construction of the building itself, the condition and fire performance of its external walls, and the maintenance of the building fabric as a whole.
The Building Fabric and External Wall Construction
The construction and ongoing maintenance of the building fabric is one of the most fundamental aspects of residential fire safety, and one that is now explicitly within the scope of the fire risk assessment under the Fire Safety Act 2021.
The building fabric encompasses everything that makes up the physical structure of the building, including the walls, floors, ceilings, roof, and external envelope.
Each of these elements plays a role in the fire safety of the building, either by providing compartmentation that contains fire within its area of origin, by protecting the means of escape from the effects of fire and smoke, or by contributing to the structural stability of the building in fire conditions.
The external wall system is of particular significance following the Grenfell Tower fire of 2017, in which the aluminium composite material cladding installed on the building’s exterior allowed fire to spread with catastrophic speed up the outside of the building.
The external wall system encompasses the outer cladding layer, any insulation installed within or behind the cladding, the cavity and any cavity barriers present within the wall construction, and the interface between the external wall and other elements of the building including windows, balconies, and roof details.
The fire risk assessment must consider the materials used in the external wall system and their fire performance, the presence and adequacy of cavity barriers at appropriate intervals and at junctions with other building elements, the condition of the external wall system and any defects or deterioration that may affect its fire performance, and the implications of the external wall construction for the spread of fire on the exterior of the building.
Where the external wall system incorporates combustible materials, or where there are concerns about its fire performance, the Responsible Person must take appropriate steps to assess the risk and implement measures to manage it.
This may include commissioning a more detailed assessment of the external wall system by a suitably qualified professional, implementing interim safety measures while a longer-term remediation strategy is developed, and engaging with the relevant authorities and funding schemes where remediation of unsafe cladding is required.
The maintenance of the building fabric is equally important.
The fire performance of the building fabric depends not only on its original design and construction but on its ongoing condition and maintenance.
Damage to external cladding, deterioration of cavity barriers, the opening up of compartmentation through service penetrations that are not properly fire-stopped, and the gradual degradation of fire-resisting elements through age and wear can all compromise the fire safety of the building fabric over time.
The Responsible Person must ensure that the building fabric is regularly inspected and maintained, that any defects identified are addressed promptly, and that any works carried out to the building fabric do not compromise its fire performance.
Where works are planned that will affect the building fabric, including refurbishment, re-cladding, or the installation of new services, the fire safety implications of those works must be considered in advance and appropriate measures taken to ensure that the fire performance of the building fabric is maintained or improved.
The fire risk assessment must reflect the current condition of the building fabric, and must be reviewed and updated whenever significant changes are made to the fabric or whenever defects are identified that may affect its fire performance.
Compartmentation
Compartmentation is one of the most critical passive fire protection measures in any multi-occupied residential building, and its assessment is a core element of the fire risk assessment.
It is the system of fire-resisting walls, floors, ceilings, and doors that divides the building into separate fire compartments, each designed to contain a fire within its compartment of origin for long enough to allow occupants to evacuate safely and for the fire and rescue service to attend and intervene.
In a block of flats, effective compartmentation means that a fire starting in one flat should be contained within that flat, or at worst within its floor, without spreading to other flats or to the common parts of the building.
The stay put evacuation strategy, which is standard for most purpose-built blocks of flats, is entirely dependent on the effectiveness of the compartmentation.
If compartmentation is compromised, fire and smoke can spread beyond the flat of origin, threatening the occupants of other flats and potentially rendering the escape routes unusable.
The fire risk assessor must assess the compartmentation of the building, including the fire resistance of the walls and floors between individual flats and between flats and the common parts, the integrity of the ceiling and floor voids, and the sealing of service penetrations through fire-resisting elements.
Service penetrations are a particularly common source of compartmentation failure in residential buildings.
Every pipe, cable, duct, or other service that passes through a fire-resisting wall or floor creates a potential pathway for fire and smoke to spread between compartments unless it is properly fire-stopped.
In many older buildings, and in buildings that have undergone refurbishment or maintenance works over the years, service penetrations may have been left unsealed or may have been sealed with materials that do not provide adequate fire resistance.
The fire risk assessment must identify any gaps or deficiencies in the compartmentation, and the Responsible Person must arrange for appropriate remedial works to be carried out to reinstate the compartmentation to the required standard.
Intrusive investigation of the building fabric may sometimes be necessary to establish the true condition of the compartmentation, particularly in buildings where the construction is not well documented or where previous works may have affected the compartmentation without adequate records being kept.
What Must the Fire Risk Assessment of Communal Areas Cover?
A suitable and sufficient fire risk assessment for the communal areas of a residential building must cover a range of elements that collectively determine the fire safety of the building and its occupants.
The construction, fabric, and external wall system of the building must be assessed as described above, including the compartmentation, the fire resistance of structural elements, the sealing of service penetrations, and the fire performance of the external wall system.
The means of escape must be assessed in detail, including the number and adequacy of escape routes, the travel distances from any point within the communal areas to a place of safety, the width and condition of escape routes, and the adequacy of the escape routes for the number and characteristics of the building’s occupants.
The fire detection and alarm system must be assessed, including the grade and category of the system, the location and condition of detectors and sounders, the interlinked nature of the system, and the testing and maintenance regime in place.
Fire doors throughout the communal areas must be inspected as part of the fire risk assessment, including the condition of the door leaf, frame, seals, self-closing device, and ironmongery, and the gap tolerances around the door leaf.
Following the Fire Safety Act 2021, flat entrance doors must also be included in the assessment, and the Responsible Person must make reasonable efforts to inspect these doors and to engage with residents to facilitate access where necessary.
Emergency lighting must be assessed, including the provision, condition, and testing of emergency luminaires in all escape routes and communal areas.
Firefighting equipment must be assessed, including the provision, type, location, and maintenance of any fire extinguishers, fire blankets, or hose reels provided in the communal areas.
The fire loading in communal areas must be considered, including any combustible materials stored in escape routes or communal spaces by residents or the building management.
And the management of fire safety in the building must be assessed, including the arrangements for maintaining fire safety measures, the training of any staff with fire safety responsibilities, the provision of fire safety information to residents, and the procedures in place for emergency evacuation.
What Does the Fire Safety (England) Regulations 2022 Add?
The Fire Safety (England) Regulations 2022 (SI 2022/547), which came into force on 23rd January 2023, introduced specific new obligations for responsible persons in multi-occupied residential buildings that go beyond the general requirements of the RRO.
For all buildings containing two or more sets of domestic premises, the Regulations require the Responsible Person to display fire safety instructions in a prominent position in the building, to provide fire safety instructions to residents, and to provide information about the importance of fire doors to residents.
For buildings over 11 metres in height, the Regulations require the Responsible Person to undertake quarterly checks of fire doors in common parts, to undertake annual checks of flat entrance doors with residents cooperation, and to provide additional fire safety information to residents.
For buildings over 18 metres in height, additional obligations apply including the provision of detailed information to the fire and rescue service about the building’s layout, firefighting equipment, and fire safety systems, the installation of wayfinding signage to assist firefighters, and more extensive resident engagement and information requirements.
Why Do Some Landlords and Managing Agents Not Have a Fire Risk Assessment?
Despite the clarity of the legal requirement, it is unfortunately not uncommon to encounter residential buildings where no fire risk assessment has ever been carried out.
Some landlords are genuinely unaware of the legal requirement, particularly where they have become responsible for a building without receiving adequate advice about their fire safety obligations.
Some assume that the fire risk assessment requirement applies only to commercial or non-residential premises.
Some believe that because their building is small, old, or apparently low-risk, the requirement does not apply to them.
And some are aware of the requirement but have not prioritised compliance, either because they have not faced enforcement action or because the cost of commissioning an assessment has felt disproportionate relative to the perceived risk.
None of these reasons provides a legal defence.
What Are the Consequences of Not Having a Fire Risk Assessment?
The consequences of failing to carry out a fire risk assessment for the communal areas of a residential building can be serious.
The fire and rescue service has powers under the RRO to inspect premises, to require the production of the fire risk assessment, to issue enforcement notices requiring fire safety improvements within a specified timeframe, to issue prohibition notices restricting or preventing the use of all or part of the building, and to prosecute the Responsible Person for breaches of the RRO.
Prosecution under the RRO can result in unlimited fines and, in the most serious cases, imprisonment.
Where a fire occurs in a building that does not have a fire risk assessment, or where the fire risk assessment is found to have been inadequate, the Responsible Person faces not only criminal liability under the RRO but also potential civil liability for any harm suffered by occupants.
The absence of a fire risk assessment can also create difficulties with building insurance, with mortgage lending on flats within the building, and with the sale or remortgage of individual units.
How Often Does the Fire Risk Assessment Need to Be Reviewed?
The RRO requires the Responsible Person to keep the fire risk assessment under review and to revise it where necessary.
For most residential buildings, an annual review is considered a reasonable minimum.
The assessment must also be reviewed and updated whenever significant changes are made to the building, its use, or its occupancy, including refurbishment works, changes to the building fabric or external wall system, changes to the fire safety systems, and any fire, near miss, or enforcement action that reveals a gap in the existing arrangements.
What Should You Do if You Don’t Have a Fire Risk Assessment?
If you are the Responsible Person for a building with communal areas and you do not have a current fire risk assessment in place, the priority is to commission one without delay.
The fire risk assessment should be carried out by a competent person with relevant knowledge and experience of residential fire safety, including familiarity with the RRO, the Fire Safety Act 2021, the Fire Safety (England) Regulations 2022, and the relevant guidance documents.
The assessment should cover all of the elements described above, including the building fabric, the external wall system, and the compartmentation, as well as the internal communal areas and their fire safety management.
The remedial actions identified should be prioritised and addressed in a systematic and timely manner, with the most significant risks addressed first.
And the fire risk assessment should be kept under review and updated regularly to ensure that it remains current and reflects the actual condition and management of the building.
How We Can Help
At ESI: Fire Safety, we carry out fire risk assessments for residential buildings of all types and sizes, from small converted properties with two or three flats through to large purpose-built residential blocks with complex fire safety requirements.
We provide comprehensive, compliant assessments that cover all aspects of communal area fire safety including the building fabric, external wall construction, compartmentation, fire doors, means of escape, detection systems, and emergency lighting, and we produce clear, practical reports that identify any deficiencies and set out the remedial actions required.
We work with landlords, managing agents, freeholders, residents management companies, and right to manage companies to ensure that their buildings are fully compliant with the RRO and the requirements of the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022.
If you manage a residential building with communal areas and do not have a current fire risk assessment in place, or if your existing assessment has not been reviewed recently, get in touch with our team today.
Further Reading and Key Legislation:
Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541): https://www.legislation.gov.uk/uksi/2005/1541/contents/made
Fire Safety Act 2021 (c.24): https://www.legislation.gov.uk/ukpga/2021/24/contents/enacted
Fire Safety (England) Regulations 2022 (SI 2022/547): https://www.legislation.gov.uk/uksi/2022/547/contents/made
Building Safety Act 2022 (c.30): https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted
NFCC Housing Fire Safety Guidance: https://nfcc.org.uk
LACoRS Housing Fire Safety Guidance (2008): available via NFCC and local authority websites
BS 5839-6:2019 Fire detection and alarm systems for buildings: https://www.bsigroup.com
BS 8214:2016 Timber-based fire door assemblies: https://www.bsigroup.com
GOV.UK Fire Safety guidance for residential buildings: https://www.gov.uk/fire-safety-law
This post is intended as a general guide. The fire safety obligations applicable to residential buildings with communal areas are complex and have evolved significantly in recent years. Always seek advice from a qualified fire safety professional for guidance specific to your building and circumstances.
