New Fire Door Regulations: What Landlords Need to Know

New fire door regulations under the Fire Safety (England) Regulations 2022 and the Fire Safety Act 2021 require landlords to take greater responsibility for fire safety in their properties. Here, our experts explain everything landlords need to know to stay compliant.

Fire safety in rental properties has never been more important for landlords. With the introduction of the Fire Safety (England) Regulations 2022, which came into effect on 23 January 2023, landlords now face enhanced legal responsibilities to protect tenants and properties from fire risks.

Understanding these changes is crucial for landlords to remain compliant, keep tenants safe and avoid potential penalties. In this guide, the landlord law experts at Percy Hughes & Roberts Solicitors will provide an overview of the key aspects of the new fire door regulations, outlining whom they apply to, what landlords need to do, and the consequences of failing to meet these obligations.

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What Are the New Fire Door Regulations?

The Fire Safety (England) Regulations 2022 came into force on 23 January 2023. The regulations introduce new fire safety obligations for landlords and responsible persons. These regulations were developed in response to the Grenfell Tower Inquiry to enhance fire safety in multi-occupied residential buildings.

Under the new rules, landlords must:

• Conduct quarterly checks of fire doors in communal areas.
• Carry out annual inspections of flat entrance doors.
• Provide fire safety information to tenants, including instructions on keeping fire doors closed and reporting any damage.
• Maintain detailed records of fire door checks and any remedial actions taken.

These measures aim to prevent the spread of fire and smoke, provide safe evacuation routes and reduce the risk of fire-related incidents.

Who Do the Fire Door Regulations Apply to?

The Fire Safety (England) Regulations 2022 apply to all multi-occupied residential buildings in England where two or more domestic premises share common areas, such as hallways and stairwells.

Specifically, the regulations apply to:

• Buildings over 11 metres in height (typically five storeys or more):

  • Fire doors in communal areas must be inspected every three months.

  • Flat entrance doors must be checked annually.

  • Tenants must receive fire safety information regularly.

• Houses in Multiple Occupation (HMOs):

  • Regardless of height, HMOs must have fire doors in communal areas and high-risk rooms such as kitchens.

  • Landlords must maintain doors and regularly check that self-closing devices are operational.

• Mixed-use buildings:

  • Properties with both commercial and residential units must comply with the regulations in all shared residential areas.

While single-let properties are generally exempt from the regulations, landlords are encouraged to follow best practices by installing fire doors in high-risk areas to improve tenant safety.

Key Fire Door Responsibilities for Landlords

Under the regulations, landlords who are designated as the “responsible person” have several legal obligations regarding fire door safety. Fire doors play an important role in minimising the risk of injury and keeping tenants safe, and the new legal obligations for landlords clarify the requirements for fire door maintenance and functionality.

Key responsibilities include:

• Regular fire door inspections:

  • Fire doors in communal areas must be checked at least every three months.

  • Flat entrance doors must be inspected annually.

  • Records of all inspections and maintenance actions must be documented.

• Providing fire safety information:

  • Landlords must supply tenants with clear fire safety instructions, including:

    • The importance of keeping fire doors closed.

    • Warnings not to tamper with self-closing devices.

    • Reporting any damage or issues with fire doors.

  • This information must be provided to new tenants upon moving in and refreshed every 12 months.

• Fire door compliance:

  • All fire doors must comply with relevant British safety standards and provide a minimum of 30 minutes of fire resistance.

    • Fire doors should be fitted with:

      • Self-closing devices that allow doors to fully close automatically.

      • Intumescent strips that expand when exposed to heat, sealing gaps to prevent smoke and fire from spreading.

      • Appropriate seals and hinges that enable the door to function as an effective fire barrier.

• Access arrangements for inspections:

  • Landlords must make reasonable efforts to arrange access with tenants for inspections of flat entrance doors. A landlord should give a tenant at least 24 hours' notice before attempting to access the property.

  • If access is refused by the tenant, document your efforts to gain entry, and consider taking further steps to access the property. Speak to our solicitors about accessing your property without breaching tenant rights.

• Taking prompt action on identified issues:

  • Any damage or faults found during inspections must be addressed without delay by a competent person.

  • If a door does not meet fire safety standards, it must be repaired or replaced promptly.

By fulfilling these responsibilities, landlords can meet their legal obligations, protect their tenants, and reduce the risk of legal and financial repercussions.

Fire Door Inspection and Maintenance Requirements

Landlords must conduct regular inspections and verify the maintenance of fire doors to comply with the regulations. Inspections of communal area fire doors are required at least every three months, while flat entrance doors must be checked annually. It is important for landlords to document all inspections and any attempts made to access individual flats.

Fire doors must be fully operational, meaning that they can close correctly without obstruction. Inspections should identify any damage such as cracks, warping, or wear and tear that could compromise fire resistance. Self-closing devices must function properly to ensure doors close securely in the event of a fire. Additionally, intumescent strips and smoke seals should be in place and undamaged to prevent the spread of smoke and fire.

Maintenance of fire doors includes confirming that they are installed according to British standards, such as BS 476-22 or BS EN 1634-1, with correctly fitted hinges, latches, and frames. If any issues are identified during inspections, they must be addressed promptly by a competent person.

Keeping thorough records of inspections and maintenance efforts is crucial. This documentation provides evidence of compliance and can be useful in demonstrating that all reasonable steps have been taken to uphold fire safety standards within the property.

Consequences of Non-Compliance

Failing to comply with these new regulations can lead to significant legal, financial, and reputational consequences for landlords. Local authorities and fire services have the power to enforce compliance, and breaches of the regulations may result in serious penalties.

Non-compliance can lead to:

• Financial penalties, with fines of up to £5,000 per breach. In more serious cases where tenant safety is compromised, landlords could face unlimited fines.
• Criminal prosecution, which can come with further financial penalties or, in extreme cases, imprisonment. This is more likely if negligence leads to harm or fatalities.
• Insurance complications, as failure to meet fire safety obligations may invalidate landlord insurance policies and leave landlords personally liable for fire damage costs.
• Compensation claims, where tenants who suffer injury or property damage due to non-compliance may take legal action against the landlord.
• Reputational damage, which can affect the ability to attract and retain tenants, as well as impact future investment opportunities.

Compliance with fire door regulations is not only a legal requirement but also a crucial aspect of responsible property management. Taking proactive steps to meet the necessary standards helps protect tenants, properties, and the landlord’s financial interests.