Few risks in property management are as serious as fire. The Fire Safety Act 2021 was introduced to close dangerous gaps in existing law following the Grenfell Tower tragedy in 2017.
It clarifies which parts of a building landlords and “responsible persons” must include in their fire safety risk assessments — and it applies more widely than many realise.
Every landlord, whether managing a single flat, an HMO, or a multi-storey block, must now understand their responsibilities under this Act and how it interacts with the Regulatory Reform (Fire Safety) Order 2005.
Why the Act was introduced
Before 2021, the Fire Safety Order 2005 only clearly applied to common parts of multi-occupied residential buildings — like hallways, stairwells, and lobbies. The Fire Safety Act clarified that this scope was too narrow and explicitly extended responsibilities to include the building’s structure and external walls (including cladding, balconies, and windows) and flat entrance doors that open into common areas.
The goal: to make it impossible for any part of a building to fall outside fire safety scrutiny.
What the Act changes
The Fire Safety Act amends the 2005 Fire Safety Order to confirm that:
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The “responsible person” (often the landlord, managing agent, or freeholder) must include:
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The structure and external walls (including cladding and insulation) in fire risk assessments.
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Flat entrance doors between domestic premises and common parts.
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Fire and Rescue Authorities have powers to enforce compliance for all affected areas.
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Failure to comply is a criminal offence punishable by fines or imprisonment.
These changes came fully into force in January 2023 — so every residential landlord or managing agent should already have reviewed their fire risk assessments.
Who is responsible?
The “responsible person” varies depending on the property type:
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In a single-family let, the landlord must ensure smoke alarms and carbon monoxide alarms are fitted and working (under separate regulations).
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In an HMO, the landlord or managing agent is the responsible person.
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In a block of flats, responsibility typically lies with the freeholder or management company, but landlords of individual flats may share duties for entrance doors or internal safety compliance.
If you’re unsure who the responsible person is, assume it’s you until proven otherwise — because enforcement authorities will, too.
Key compliance requirements for landlords
1. Fire risk assessment
Every building must have a suitable and sufficient fire risk assessment covering:
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Building structure, materials, and external walls.
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Means of escape and fire doors.
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Fire alarms, emergency lighting, and signage.
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Compartmentation and spread of fire/smoke.
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Access for fire and rescue services.
Assessments should be carried out by a competent fire risk assessor and reviewed regularly — at least every 12 months, or whenever significant building changes occur.
2. Maintenance and record-keeping
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Keep fire doors self-closing and in good condition.
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Maintain fire alarms and detection systems according to manufacturer schedules.
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Document all inspections, servicing, and remedial works.
3. Tenant information
Landlords must give tenants clear fire safety instructions — including evacuation procedures and routes — and ensure they understand how to raise the alarm.
Connection to the Building Safety Act 2022
The Fire Safety Act 2021 works hand in hand with the Building Safety Act 2022, which focuses on higher-risk residential buildings (HRBs) — typically those 18 metres or seven storeys and above.
The Fire Safety Act applies to all multi-occupied residential buildings, regardless of height.
If you own or manage flats in taller buildings, both Acts will apply simultaneously.
Common compliance pitfalls
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Outdated fire risk assessments — many landlords haven’t reviewed theirs since before 2021.
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Misunderstanding “external walls” — cladding, balconies, and even window frames must now be assessed.
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Neglecting flat entrance doors — damaged or non–self-closing doors are major breaches.
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Incomplete record-keeping — lack of inspection logs can lead to enforcement action even if works are done.
Penalties for non-compliance
Failing to comply with fire safety duties can result in:
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Unlimited fines.
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Up to 2 years’ imprisonment for serious offences.
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Enforcement notices requiring remedial work within set deadlines.
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Prohibition notices restricting occupation until hazards are resolved.
Local Fire and Rescue Services are increasingly proactive in inspecting residential buildings — particularly HMOs and converted flats.
Compliance checklist for 2025
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✅ Commission or update your fire risk assessment.
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✅ Ensure external walls, balconies, and entrance doors are included.
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✅ Schedule and record regular testing of alarms and emergency lighting.
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✅ Maintain clear tenant communication about fire safety and escape routes.
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✅ Keep all documentation for at least five years.
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✅ Review fire safety responsibilities after any structural or occupancy changes.
Key takeaway
The Fire Safety Act 2021 closes critical gaps in housing safety law.
For landlords, it’s not just about avoiding fines — it’s about protecting lives, tenants, and your investment.
Whether you manage a single HMO or a 20-storey block, fire risk assessment and documentation are now non-negotiable.
Disclaimer: NetRent does not provide legal advice. These articles represent our understanding of rental property law.
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