In June 2017, the Grenfell Tower fire tragically claimed 72 lives and fundamentally changed how the UK approaches fire safety in high-rise residential buildings. In the years since, new regulations and heightened expectations have emerged. Property developers now face not only legal obligations, but a moral duty to ensure the buildings they create are as safe as possible. This guide provides an overview of the key legal and ethical considerations developers must address when planning, constructing, and handing over high-rise buildings.
Understanding the Regulatory Framework
Building Regulations & Building Act 1984 (as amended)
The foundation of fire safety in building design is the Building Regulations 2010 as amended, particularly Approved Document Part B (Fire Safety). Part B covers:
- Compartmentation
- Means of escape
- Fire detection and alarm systems
- Structural fire resistance
- Access and facilities for the fire service
- Reaction to fire
It is also vital to consider other parts of the Building Regulations that affect safety, such as Part K (stairs/ramps), Part M (accessibility), Part C (resistance to moisture) and Part C (Conservation of fuel and power).
Regulatory Reform (Fire Safety) Order 2005 & Fire Safety Act 2021 as amended
Once a building is occupied, the Regulatory Reform (Fire Safety) Order 2005 (FSO) applies. Under this law:
- The ‘Responsible Person’ (usually the building owner or managing agent) must carry out regular fire risk assessments of common areas.
- The Fire Safety Act 2021 expanded these duties to include the external walls, structure, and flat entrance doors.
Fire Safety (England) Regulations 2022
In January 2023, new rules were introduced for high-rise blocks:
- For buildings over 11 metres, there are new duties to provide fire safety instructions to residents and carry out regular inspections of flat entrance doors and lifts.
- For buildings over 18 metres or seven storeys, developers must also install secure information boxes for the fire service, containing floorplans and building details.
Building Safety Act 2022 & the High-Risk Regime
The Building Safety Act 2022 created a new regulatory framework for higher-risk buildings:
- High-rise buildings over 18 metres or seven storeys must register with the Building Safety Regulator (BSR).
- BSR approval is required at three key ‘gateways’, planning, construction, and occupation.
- Once occupied, the ‘Accountable Person’ is responsible for maintaining a Safety Case Report and implementing effective safety management.
Ethical Responsibilities Beyond Compliance
Developers must go beyond the letter of the law. Ethically:
- Protecting life must always take precedence over cost-saving measures.
- Transparency with residents is essential, provide clear, honest information about fire safety.
- The cladding crisis has shown the devastating financial and emotional impact of poor design decisions. Developers should ensure that remediation costs are not unfairly passed onto leaseholders.
- Developers should strive for continuous improvement, learning from past failures and industry best practice.
Key Areas to Address in Development
Design & Material Selection
- Use fire-resistant materials with proven test performance (e.g. A1 or A2-s1, d0 classification for cladding and insulation).
- Design effective compartmentation to contain fire and smoke within defined zones.
- Provide safe escape routes, protected stair cores, accessible refuges where needed, and compliant travel distances.
Fire Detection, Alarm & Suppression Systems
- Install a full-coverage fire detection and alarm system, meeting the relevant BS 5839 standards.
- Sprinklers are now required in new residential buildings over 11 metres. While retrofitting is not mandated, it is strongly recommended in older towers, particularly social housing.
Compartmentation & Fire Doors
- Install and maintain fire doors at flat entrances and within escape routes, with a minimum 30-minute resistance rating.
- Ensure proper installation of cavity barriers, fire stopping, and floor/ceiling compartmentation to maintain integrity.
Access and Information for Emergency Services
- Install premises information boxes (now mandatory) with up-to-date building plans and firefighting information.
- Provide clear details about external wall systems to the local fire and rescue service.
Fire Risk Assessment & Ongoing Management
Developers should engage qualified, independent fire safety consultants to conduct thorough fire risk assessments throughout the development process. Following occupation, it is essential that risk assessments are updated regularly, including:
- Monthly inspections of lifts and firefighting equipment.
- Annual checks of flat entrance fire doors.
- Ongoing resident engagement and fire safety training.
Salus offer professional fire risk assessment services, tailored to high-rise environments.
Regulatory Approval & Practical Steps
Pre-construction:
- Client appoints Principal Designer (Building Regulations) and Principal Contractor Building Regulations
- Engage a specialist fire engineer to review proposals.
- Register with the BSR for higher-risk buildings.
- Submit the full Application Data to the BSR
Construction:
- Maintain detailed records of materials, inspections, and testing.
- Monitor quality of fire safety installations.
- Engage with BSR where required (Gateways 2 and 3).
- Follow the ‘Approved’ Designs
Pre-occupation:
- Obtain final Building Regulations sign-off.
- Prepare and hand over the fire safety file.
- Provide mandatory resident fire safety information.
Post-occupation:
- Support the Accountable Person in implementing an effective building safety management system.
- Facilitate ongoing reviews, inspections, and resident communication.
The Role of Expert Consultants
Specialist consultants, such as Salus Building Control & Fire Safety Consultancy, can:
- Provide fire safety design advice and Building Regulation compliance.
- Support Gateway applications and interactions with the BSR.
- Conduct fire risk assessments, compartmentation surveys, and door inspections.
- Offer independent third-party verification and peace of mind for developers and investors.
Latest Developments & Enforcement Trends
The regulatory landscape is evolving:
- The Fire Safety (England) Regulations 2022 and Building Safety Act 2022 are now fully in force.
- Political momentum continues for stricter enforcement and shorter remediation deadlines, particularly for unsafe cladding.
- The Building Safety Regulator is expected to take a tough stance on non-compliance.
Summary: Developer Checklist
Phase | Key Actions |
Design | Select fire-resistant materials; plan safe egress; design effective compartmentation. |
Pre-approval | Register with BSR (if applicable); submit Building Regulation and fire strategy plans. |
Construction | Quality control of fire systems, fire doors, and compartment barriers. |
Handover | Deliver fire safety file; install information boxes; provide resident guidance. |
Management | Ensure ongoing fire risk assessments, inspections, drills, and maintenance. |
Post-occupation | Support Responsible/Accountable Person in long-term compliance and resident engagement. |
Contact Salus for Specialist Advice
Fire safety in high-rise buildings is about far more than meeting minimum standards. It is about creating homes where people can live without fear. Developers who take this responsibility seriously, working with expert consultants and embracing best practice, can not only comply with the law, but help rebuild public trust in the safety of our built environment.
For specialist advice on any aspect of fire safety, contact Salus Building Control & Fire Safety Consultancy.