As a responsible person in a residents’ association in England, ensuring fire safety is a critical duty that protects lives and property. The Health and Safety Executive (HSE) plays a key role in providing guidance on workplace and general safety. However, for residential settings like flats, blocks of flats, and HMOs (Houses in Multiple Occupation), fire safety responsibilities often intersect with HSE advice. This is particularly true when common areas are treated as workplaces (e.g., managed by associations). This blog post summarises what the HSE says responsible people in residents’ associations must do regarding fire safety in England, drawing from their official resources. It is aligned with the Regulatory Reform (Fire Safety) Order 2005 (RRFSO).
By understanding these obligations, you can help create safer living environments for residents.
Note: This is a summary based on HSE guidance as of 2023. Always refer to the latest HSE publications and consult professionals for specific advice. HSE’s primary focus is on workplaces, but their principles apply to communal residential areas managed by associations.
Who Are the ‘Responsible Persons’ in Residents’ Associations?
Under the RRFSO, the responsible person is typically the person or organisation with control over premises, such as a residents’ association, freeholder, or managing agent. In England, for blocks of flats or HMOs, the HSE emphasises that if your association manages common areas (e.g., hallways, lifts, or storage spaces), you may be deemed the responsible person. This applies to fire safety in those non-domestic parts. HSE guidance stresses that responsible persons must ensure compliance to prevent fire risks and protect occupants.
Key HSE Guidance on Fire Safety Duties
The HSE’s advice, available on their website (hse.gov.uk), aligns with the RRFSO and focuses on risk assessment, prevention, and emergency planning. Here’s a breakdown of what responsible people in residents’ associations must do:
1. Conduct a Fire Risk Assessment
- What HSE Says: The HSE mandates that responsible persons must carry out a suitable and sufficient fire risk assessment for any premises under their control, including communal areas in residential buildings. This involves identifying fire hazards (e.g., electrical faults, clutter in hallways), evaluating fire risks to people, and determining preventive measures.
- Actions for Residents’ Associations: Assess common areas like corridors, stairwells, bin stores, and parking areas. Involve residents in the process and review the assessment annually or after any significant changes (e.g., renovations). HSE recommends using their free online tools or templates for guidance.
- Why It Matters: Failure to do so can lead to fines or prosecution under the RRFSO, as highlighted in HSE enforcement cases.
2. Implement Fire Prevention Measures
- What HSE Says: Responsible persons must eliminate or reduce fire hazards where possible. This includes maintaining safe electrical installations, ensuring good housekeeping to avoid flammable waste, and controlling ignition sources like smoking in communal areas.
- Actions for Residents’ Associations: Install and maintain fire doors that self-close properly. Also, ensure adequate lighting in escape routes, and prohibit the storage of flammable items (e.g., e-scooters or bikes) in high-risk areas. HSE advises regular inspections and compliance with Building Regulations for fire-resistant materials.
- Special Note for England: In multi-occupied buildings, HSE guidance supports the use of personal emergency evacuation plans (PEEPs) for vulnerable residents, such as those with disabilities.
3. Provide Adequate Fire Detection and Warning Systems
- What HSE Says: Systems must detect fires early and alert occupants effectively. The HSE stresses that alarms should be audible throughout the premises and tested regularly.
- Actions for Residents’ Associations: Install and maintain smoke alarms and fire alarms in common areas, linked to all flats where appropriate. Test systems weekly and arrange annual servicing by qualified professionals. For larger blocks, consider integrating with a fire alarm monitoring service.
- HSE Tip: In shared residential spaces, ensure the system doesn’t cause unnecessary false alarms, which could desensitise residents.
4. Plan for Emergency Evacuation and Firefighting
- What HSE Says: Responsible persons must prepare an emergency plan that includes clear escape routes, evacuation procedures, and firefighting equipment. Drills and training are essential to ensure everyone knows what to do.
- Actions for Residents’ Associations: Keep escape routes unobstructed and signposted. Provide fire extinguishers, fire blankets, and hose reels in accessible locations, ensuring they’re serviced annually. Develop and communicate a fire evacuation plan to all residents, including assembly points outside the building. Conduct fire drills at least once a year and train key members of the association on using equipment.
- England-Specific: HSE guidance aligns with the Fire Safety England framework. This framework requires liaison with the local fire and rescue service for high-rise buildings (over 11 metres).
5. Maintain Records and Inform Residents
- What HSE Says: Keep records of the fire risk assessment, maintenance checks, and training for at least three years. Responsible persons must also inform employees (if any, e.g., caretakers) and others (like residents) about fire safety risks and measures.
- Actions for Residents’ Associations: Share fire safety information via newsletters, meetings, or notice boards. Report any defects to professionals promptly and record all actions. HSE recommends appointing a fire safety coordinator within the association to oversee compliance.
- Legal Requirement: Under the RRFSO, records must be available for inspection by enforcing authorities, such as the fire service.
6. Review and Update Regularly
- What HSE Says: Fire safety measures must be kept under review, with updates as needed based on new risks. These include changes in occupancy or technology like EV charging points.
- Actions for Residents’ Associations: Reassess risks after incidents, building works, or resident feedback. HSE encourages collaboration with external experts, like fire safety consultants, for complex buildings.
Common Pitfalls and HSE Enforcement
The HSE warns that many breaches stem from inadequate risk assessments or poor maintenance. In England, non-compliance can result in unlimited fines or imprisonment. Recent HSE campaigns, such as those on electrical safety, underscore the need for vigilance in residential communal areas to prevent fire incidents.
Conclusion:
Prioritising Fire Safety in Your Residents’ Association
By following HSE guidance, responsible persons in residents’ associations in England can significantly reduce fire risks and foster a culture of safety.
Remember, fire safety is a shared responsibility—empower residents to report hazards and participate in drills.
For detailed resources, visit the HSE website at hse.gov.uk/fire-safety or the UK Government’s fire safety pages at gov.uk/guidance/fire-safety-in-the-workplace.
If your building is a high-rise or HMO, consult the local fire authority for tailored advice. Stay proactive, stay safe, and ensure your association complies with these essential fire safety responsibilities to protect your community.
