[fire risk assessment](https://www.hawkswift.co.uk/blog/7-questions-to-ask-a-fire-risk-assessment-company) for Flats: Building Safety Act Duties

fire safety in residential blocks involves specific duties under the Regulatory Reform (Fire Safety) Order 2005 (RRO) and the Building Safety Act 2022. For the responsible person — usually the landlords-guide)s-landlords-guide)s-landlords-guide), managing agent or freeholder — understanding how these requirements apply to flats and apartment blocks is an ongoing obligation. A suitable and sufficient fire risk assessment forms the foundation of compliance-compliance)-compliance).

The responsible person and the RRO 2005

Under Article 9 of the RRO 2005, the responsible person must conduct a suitable and sufficient assessment of the risks to relevant persons. In a block of flats, the responsible person typically controls the common areas: corridors, stairwells, lobbies, plant rooms and external walkways. Individual dwellings remain outside the scope of the RRO, but the fire safety measures within those dwellings affect the overall building risk profile.

The assessment must identify general fire precautions needed to protect occupants, as set out in Article 14 (general fire precautions) and supported by the fire safety (England) Regulations 2022. This includes means of escape, detection, emergency lighting and firefighting equipment in the shared areas.

Building Safety Act 2022: Higher-Risk Blocks

The Building Safety Act 2022 introduced additional duties for higher-risk residential buildings. In England, a building is generally classed as higher-risk if it is at least 18 metres in height or has at least seven storeys and contains two or more residential units.

For these buildings, the Accountable Person (often the same body as the responsible person under the RRO) must:

• Register the building with the Building Safety Regulator
• Conduct a Building Safety Case Report
• Manage building safety risks (spread of fire and structural collapse)
• Maintain a clear residents' engagement strategy

The Building Safety Case Report is distinct from a fire risk assessment, but the two are closely linked. The fire risk assessment addresses day-to-day fire safety management, while the safety case report demonstrates how building safety risks are managed holistically across the structure.

PAS 79 and BS Standards for Residential fire risk

The recommended methodology for residential fire risk assessment is PAS 79:2020, which provides a structured approach for housing premises. This guidance helps assessors evaluate:

• Construction and compartmentation between dwellings and common areas
• Smoke control systems and ventilation in escape routes
• Fire-resisting doors and self-closing devices
• Emergency escape lighting and fire exit signage
• evacuations-evacuation-peak-trading)s-evacuation-peak-trading)s-evacuation-peak-trading) strategies, including stay put policies where appropriate

Supporting British Standards include BS 5839-1 for fire detection and fire alarm systems in common areas, BS 5266-1 for emergency lighting, and BS 9999 for fire safety in the design, management and use of buildings. These standards give the responsible person a recognised framework for evaluating whether existing provisions are adequate.

Common Deficiencies in Flats and Apartment Blocks

During assessments of residential blocks, several recurring issues are identified. Responsible persons should be aware of the following common deficiencies:

• Flat entrance doors that are not fire-resisting or lack functioning self-closing devices
• Communal storage of mobility scooters, bicycles, prams or general household items in escape corridors
• Smoke alarms inside individual flats that are not maintained by the responsible person (these are the resident's responsibility unless the property is an HMO)
• Bin stores or refuse chutes that are not fire-separated from the escape route
• Missing or damaged fire-stopping around service penetrations between flats and common areas
• Locked or obstructed fire exits in buildings with simultaneous evacuation strategies

Addressing these matters proactively reduces risk and supports compliance with the Management of Health and Safety at Work Regulations 1999 (MHSWR), which requires employers and controllers of premises to manage risks systematically.

MHSWR 1999 and HSWA 1974 Duties

The Health and Safety at Work etc. Act 1974 (HSWA) places a general duty on employers and those in control of premises to conduct their undertakings so that persons not in their employment are not exposed to risks to their health and safety. For managing agents and landlords acting as employers, this duty applies to contractors, visitors and residents in the common areas.

MHSWR 1999 requires a structured approach to risk management. Regulation 3 mandates suitable and sufficient risk assessments, and Regulation 5 requires employers to make arrangements for the effective planning, organisation, control, monitoring and review of preventive measures. The fire risk assessment for the common parts forms part of this wider compliance picture.

Review and Ongoing Compliance

A fire risk assessment is not a one-off exercise. Under Article 9(3) of the RRO, the responsible person must review the assessment regularly and particularly when there has been a significant change to the premises, the persons using them, or the organisation of work. Changes to building layout, new fire doors, alteration of escape routes or a change in the occupancy profile all trigger a review.

For higher-risk buildings under the Building Safety Act, the Accountable Person must also keep the Building Safety Case Report under review and update it when material changes occur.

How HawkSwift Can Help

HawkSwift provides fire risk assessments for flats and apartment blocks, delivered by NEBOSH-qualified assessors. Our reports are issued within 48 hours and follow the PAS 79:2020 methodology to support your compliance under the RRO 2005 and the Building Safety Act 2022. Fire risk assessments start from £199 + VAT. To arrange an assessment for your block, book a fire risk assessment.

This article is general guidance and not formal legal advice.