This applies to England
These regulations commence on 23 January 2023. The latest guidance released on 6 December 2022, explains the role of a responsible person.
As defined in the Fire Safety Order a ‘Responsible Person’ is someone who owns the building (only in relation to the non-domestic parts) or has control over the premises. This could be the freeholder, block management company or an agent if they are instructed to look after the individual properties in the block and as a result manage the communal areas whether instructed to do so or not..
Duties of the Responsible Person (Buildings over 11m in height)
If you are the Responsible Person for a building which contains two or more sets of domestic premises and is above 11m in height (typically a building of five storeys or more), the Fire Safety (England) Regulations impose additional duties.
It is expected that the Responsible Person, or their staff, should, with simple instruction, be able to carry out the checks.
When inspections are carried out on communal fire doors and flat entrance doors, any defects in the doors, frames and self-closing devices that are in need of repair or replacement (e.g. communal or flat entrance door), this work must be undertaken by a competent contractor as soon as reasonably practicable.
In checking these doors, you must ensure that the doors do self-close. The doors should fully close into their frames when the doors are opened at any angle and released, overcoming the resistance of any latch on the door. The Responsible Person should also note any doors, frames and any glazing are undamaged (and that glazing has not, obviously, been replaced with glazing that might not be fire-resistant), and that any intumescent strips and smoke seals (where provided) are also undamaged.
These additional duties are set out below for communal areas and fire doors and flat entrance doors.
All fire doors in communal areas of the building must be checked at least every three months.
Typically, these doors will include, doors to stairways and stairway lobbies, cross-corridor doors, which sub-divide corridors, doors to storage and electrical equipment cupboards and doors to riser shafts, within which various services run.
Flat entrance door checks
You must use best endeavours to undertake checks of all flat entrance fire doors at periods not exceeding 12 months.
In the case of any leasehold flats, arrangements will need to be made with the leaseholders to grant access to their flats for the purpose of flat entrance door checks. In the event of an impasse, a court order can be obtained for this purpose. It is recommended that any new leases include this right of access.
You must keep a record of the steps taken to comply with this requirement, including, where access to a flat was not granted during any 12-month period and the steps taken to try to gain access.
Please see the link below for the guidance
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