Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 21
21
The evidence we received clearly indicates that it should be the regulator—and not building owners—who...
Recommendation
The evidence we received clearly indicates that it should be the regulator—and not building owners—who decides whether a building needs a fire risk assessment. As such, we recommend that the Building Safety Regulator decides whether a building needs a fire risk assessment; sets the standard that a building need to meet; sets out the methodology for undertaking assessments; and provides a review process which enables consistency of decisions. (Paragraph 63) 36 Building Safety: Remediation and Funding
Government Response
Acknowledged
HM Government
Acknowledged
Responsibility for conducting fire risk assessments sits with the Responsible Person under the Fire Safety Order. These assessments can be audited by fire and rescue services who can take enforcement action should it be required. As the person accountable for the fire safety of the building it is appropriate that the Responsible Person should be the individual who determines the need and timing of fire risk assessments for their buildings. As part of the new higher-risk regime for buildings, Accountable Persons for high-rise residential buildings will be required to create and maintain a safety case. The safety case will form part of an application for a Building Assessment Certificate. The duties placed on Accountable Persons in the Building Safety Act include a requirement to carry out an assessment of building safety risks, including the spread of fire. As part of the Building Assessment Certificate application process, the Building Safety Regulator will assess if relevant duties are being complied with and issue a Building Assessment Certificate if they are satisfied this is the case. If the relevant duties are not being complied with the Building Safety Regulator can carry out enforcement action. The Act also provides the Building Safety Regulator with a power to direct an Accountable Person to undertake an assessment of building safety risks. It would not be appropriate for the Building Safety Regulator to determine the requirements for fire risk assessments for all building. It will be focused on the higher-risk regime of buildings over 18 metres, as evidence is clear that the risk to multiple households is greater when fire spreads in buildings of this height.