Fire Safety updates in HMOs: what you need to know
The government adopted the Fire Safety (England) Regulations 2022 in reaction to the Grenfell Tower disaster, establishing additional obligations for some landlords.
The intention of this legislation is to reduce the risk of death or injury from fire.
Who do the regulations apply to?
The majority of these new rules are only imposed on the responsible person of high-rise buildings (at least 18 metres in height), although some will apply to all structures if the property is –
- Split into at least two premises; and
- There are communal parts through which residents must pass to exit the building.
As a result, if you are the responsible person for a house with of multiple occupation and you rent out rooms, you are subject to some of the disclosure obligations, but they are quite minor.
Similarly, if you own a property with a shop on the first floor and a residence on the second, same legislation will apply to the shared areas.
These rules do not apply if the entire property is rented out on a shared tenancy. However, since the information supplied may be important in saving lives, there is nothing to prevent you from supplying this information as well.
Who is a responsible person?
The person in charge of a property is the person in charge of the building’s safety. This is the person in charge of the communal areas of a building.
In a block of flats, for example, the accountable individual is generally the freeholder because they own the shared elements. Similarly, in a room-only HMO, the landlord is the liable party since they retain authority over the communal areas.
When do these regulations apply from?
The law comes into force on January 23rd 2023.
Which parts of the building do these regulations apply to?
These rules apply to the common elements of properties. They will not normally apply to anything within the building’s self-contained flats or homes.
What are the general requirements for all room only HMO?
There are two key requirements that all responsible people will have to follow –
- Providing fire safety instructions to occupants
- Providing information on fire doors in the property
Fire safety instructions
The fire safety instructions must include –
- the evacuation strategy for the building (e.g. stay put or simultaneous evacuation)
- instructions on how to report a fire (e.g. use of 999 or 112, the correct address to give to the fire and rescue service, etc.)
- any other instruction that tells residents what they must do when a fire has occurred
Fire door instructions
The information on the fire doors must state that –
- fire doors should be shut when not in use
- residents or their guests should not tamper with self-closing devices on fire doors
- residents should report any fault with, or damage to, fire doors immediately to the Responsible Person
Where to display this information
This information should be communicated to all tenants in a clear, easy-to-understand manner as soon as reasonably practicable following occupation or whenever the above information changes.
A copy of this information must also be displayed prominently throughout the premises. For an HMO, post this on the notice board beside your contact information.
Additional responsibilities for properties 11 metres or more in height
Additional obligations are triggered when a property reaches 11 metres or above in height (usually at least 5 floors).
The responsible person must inspect the fire doors in the building’s communal areas at least every three months.
Furthermore, flat entry doors should be inspected at least once every 12 months.
In all circumstances, the tests should guarantee that the doors fully shut into the frame, overcoming any latch resistance or floor friction.
Government guidance recommends that the checks be made by –
- opening the door fully, then letting it go; then
- opening the door to around 15 degrees and letting it go
Are basements included in the height of the building?
Basements are not taken into account when estimating the building’s height. Refer to the government guidance here for further information on estimating a building’s height.
High-rise residential buildings (18 metres tall or more)
For high-rise residential projects, additional information and tests are necessary. This is normally the duty of the freeholder and should not apply to the majority of PRS landlords.
If you are the freeholder of a high-rise residential property, you should get professional guidance to verify you have met the criteria.
