Managing Agents and Fire Safety Law

Managing agents who manage residential buildings on behalf of freeholders or right-to-manage companies carry significant fire safety responsibilities. Under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), the managing agent — or the freeholder for whom they act — is typically the responsible person for the common parts of the building. Under the Building Safety Act 2022, similar but more extensive duties apply to higher-risk buildings.

The Responsible Person Under the RRO 2005

The RRO 2005 places fire safety duties on the responsible person — the employer, or the person who has control of the premises. For the common parts of a residential building, the responsible person is typically the freeholder, and where a managing agent manages the building on behalf of the freeholder, many of the practical responsibilities fall on the managing agent.

The responsible person's core duties include:

• Carrying out or commissioning a suitable and sufficient fire risk assessment
• Implementing the findings of the fire risk assessment
• Maintaining firefighting equipment and fire safety systems
• Providing fire safety information to residents
• Ensuring fire evacuation procedures are in place and tested

Managing Agent Duties for Higher-Risk Buildings

For higher-risk buildings — those over 18 metres or 7 storeys with residential units — the Building Safety Act 2022 introduces additional requirements. The accountable person (typically the freeholder) must register the building with the Building Safety Regulator, produce a building safety case, and maintain a golden thread of building information. Managing agents acting on behalf of accountable persons will typically be involved in carrying out many of these obligations in practice.

Fire Risk Assessments for Managed Buildings

One of the most important ongoing responsibilities for managing agents is ensuring that fire risk assessments are current and suitable. A fire risk assessment for the common parts of a residential block must be reviewed at least annually, and following any significant change to the building, its occupancy or its fire safety systems. Managing agents who fail to maintain current fire risk assessments are exposed to significant regulatory and liability risk.