The new provisions will apply to most work places, as well as the common parts of residential developments, and also houses in multiple use (see this month’s Landlord and Tenant – Residential section for how significant that could be in the context of the new standards for HMOs). The ‘responsible person’ will have to carry out a risk assessment to assess the risk of fire, and then take steps to reduce or remove the risk, and continuously carry out effective planning and monitoring of fire safety arrangements (including fire safety training for staff). In addition, there is a requirement for the ‘responsible person’ to appoint a ‘competent person’ to assist in taking preventative measures. In other words, everyone should obtain external professional advice.

The point about all this is that there is a continuing obligation and breach is possible at any time. Enforcement can be by service of an alteration, enforcement or prohibition notice (as well as by fines etc). The point for property owners – and employers – to appreciate is that they need to have carried out risk assessments (and appointed external advisers) before April. This is likely to be particularly important for employers, as well as Ls of common parts, and managing agents. For an introductory article on the Regulatory Reform (Fire Safety) Order 2005 see [2005] 159 Property Law Journal 3.