Residential Evacuation Plans: New Draft Fire Safety Legislation Published by the Government - Boodle Hatfield

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13 Jan 2025

Residential Evacuation Plans: New Draft Fire Safety Legislation Published by the Government

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Sarah Rock View profile
Clemie Stent View profile
3 min read

In December 2024, the Government published new draft legislation in the form of The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (the "Regulations"). The Regulations form the response to the Emergency Evacuation Information Sharing Plus consultation which took place from May to August 2022. The Regulations are expected to come into force in mid to late 2025 and will join the raft of new secondary legislation addressing the fire safety of residential buildings.

The Regulations will affect buildings containing two or more sets of domestic premises which: 

  • are at least 18 metres in height above ground level;
  • have at least seven storeys; or 
  • are above 11 metres in height and have a simultaneous evacuation strategy (under which all residents are directed to leave the building immediately in the event of a fire).

Under the Regulatory Reform (Fire Safety) Order 2005, the owner or person having control of any such building is responsible for certain fire safety measures (the "Responsible Person"). These Regulations will impose new duties on the Responsible Person, namely that they must take the following steps in relation to their building:

  1. Identify any permanent residents of the building whose ability to evacuate in the event of a fire without assistance is compromised by a cognitive or physical impairment or condition (a "Relevant Resident").
  2. Assess the fire safety risks present in the Relevant Resident's dwelling and the common parts of the building, together with the Relevant Resident's ability to evacuate in the event of a fire (to be known as a person-centred fire risk assessment, "PCFRA").
  3. Mitigate the risks identified by the PCFRA through the implementation of measures discussed with the Relevant Resident.
  4. Record any approach agreed with the Relevant Resident in a personal emergency evacuation statement.
  5. Inform the local fire and rescue authority whether a personal emergency evacuation statement is in place. The Responsible Person must also provide details of the Relevant Resident's flat and floor number, and of the degree of assistance that may be required.
  6. Review the personal emergency evacuation plan if there is reason to believe it needs amending, if the Relevant Resident so requests, or otherwise every 12 months. 

Steps 1 to 5 are subject to the Relevant Resident's cooperation and consent. If the Relevant Resident's cognitive or physical impairment or condition prevents them from engaging in the above process, the Regulations provide for a person authorised on the Relevant Resident's behalf to do so. 

The Regulations also provide more briefly for a broader building emergency evacuation plan. Again, this plan must be provided to the local fire and rescue authority and reviewed annually. 

If the Regulations are brought into force, it is critical that the Responsible Person ensures compliance not only to protect the safety of their building's residents, but also to prevent criminal liability.  

Bringing into force one of the outstanding recommendations from the Grenfell Tower Inquiry Phase 1 report, these Regulations would enforce a seemingly common-sense approach to care and protection for disabled and vulnerable residents living in high rise buildings.

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Written by

Sarah Rock View profile
Clemie Stent View profile