LODGE: A Living Sector Update Winter 2025
Understanding The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025: The Living Sector
By David Savage, Richard Flenley and Tegan Johnson
LODGE: A Living Sector Update Winter 2025
Understanding The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025: The Living Sector
By David Savage, Richard Flenley and Tegan Johnson
Given the speed of the changing landscape of fire safety, it is crucial to stay abreast of legislative changes that impact building safety and management. The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (the Regulations), laid before Parliament on 4 July 2025, represent a significant development in fire safety law and how residential and some mixed-use buildings must be actively managed in relation to fire risk.
One particularly notable feature of that active management is that the Regulations will require person-centred fire risk assessments and Personal Emergency Evacuation Plans (PEEPs) to be put in place by the Responsible Person (RP) of the building for all consenting residents. The requirement for PEEPs will apply to buildings which are EITHER:
- at least 18 metres above ground level or have at least seven storeys; or
- more than 11 metres in height above ground level and which do not have “stay put” strategies for evacuation in place.
The aim of the Regulations in this regard are clearly intended to enhance the safety and evacuation procedures for residents who may face difficulties evacuating independently during a fire. Many Build-To-Rent and Purpose-Built Student Accommodation (PBSA) buildings will fall within the scope of the Regulations. The Regulations are set to come into force on 6 April 2026, and they apply to England only. The Regulations represent a significant step-change from previous policy. They have been introduced to address the final three outstanding recommendations of the Grenfell Tower Phase 1 Inquiry, which noted that owners and managers of relevant buildings should be required to provide and maintain evacuation plans and PEEPs for individuals who may struggle to self-evacuate, and that comprehensive evacuation plans should be regularly reviewed and shared with local fire services. Consultations on residential PEEPs have highlighted the difficulty of applying “workplace-style” PEEP policies in residential contexts. The new Regulations are a direct response to those concerns while complying with the Grenfell Inquiry recommendations.
Scope And Applicability
The Regulations apply to residential buildings in England that contain two or more domestic premises and meet specific height criteria: either 18 metres or more above ground level or more than 11 metres but with simultaneous evacuation strategies. The Responsible Person (RP) (defined by the Regulatory Reform (Fire Safety) Order 2005 as the person with control of the premises, typically the building owner or managing agent) is tasked with ensuring compliance. This includes identifying relevant residents, conducting person-centred fire risk assessments, and developing the emergency evacuation statements. Key provisions of the Regulations include:
Identification Of Relevant Residents
RPs must use reasonable endeavours to identify residents who require PEEPs. A relevant resident is a person who has their only or principal residence in a specified residential building, and whose ability to evacuate without assistance in the event of a fire is compromised as a result of a cognitive or physical impairment or condition.
Person-Centred Fire Risk Assessment (PCFRA)
RPs must offer tailored assessments to understand individual risks to the person and the premises, beyond the general building fire safety risk assessment, and conduct them for any resident who requests one. This involves evaluating the resident's ability to evacuate without assistance and considering reasonable and proportionate mitigating measures.
Emergency Evacuation Statements
RPs must agree with residents on actions to take during a fire, documented in a written statement. This ensures residents have a clear plan in case of an emergency.
Information Sharing
RPs are required to share minimal but crucial information with local Fire and Rescue Authorities.
Ongoing Review
The Regulations mandate regular reviews of the person-centred fire risk assessment, emergency evacuation statement, and building evacuation plan, at least every 12 months, and at any time if there is a reason to believe it may require updating.
Building Emergency Evacuation Plans
RPs must prepare a separate building emergency evacuation plan (with details of building evacuation strategies, relevant residents, and a copy of the information given to residents regarding evacuation), share this plan with the local Fire and Rescue Authority and place a copy of the plan in the secure information box. This too must be reviewed regularly and updated. Participation in the process by residents is voluntary, and residents cannot be compelled to engage. Individual consent is required for participation, agreement of a PEEP, and to share any information with third parties. However, the obligations on the RP are not voluntary, and enforcing authorities under the Fire Safety Order 2005 will have powers to enforce compliance. Involvement with representatives may be required as the Regulations enable the RP to act on the instructions of a person authorised to act on behalf of the relevant resident - whether requesting a PCFRA, discussing mitigating measures, agreeing an approach to evacuation, requesting a review and/or consenting to provision of information to Fire and Rescue authorities.
Impact On Living Sector
The Regulations are clearly poised to have significant impacts on the Living Sector. Build to Rent and PBSA have potentially fairly transient populations when compared with long leasehold flats. This could make it more difficult to identify relevant residents who may require a PEEP. Alongside this factor, there are concerns about engagement with residents if those residents do not intend to remain at the premises longer term. In particular, PBSA may encounter more international occupants for whom English is not their first language. This may lead to engagement issues with RPs seeking to comply with the Regulations. Ultimately, given that the Regulations require a more personalised approach to fire safety, it is very likely to lead to increased operational costs for the Living Sector when managing buildings requiring PEEPs. Additionally, the requirement for regular reviews and updates to evacuation plans may influence the design and layout of new developments, prompting architects and builders to incorporate features that facilitate easier evacuation for vulnerable residents. This proactive approach not only enhances safety but also aligns with broader societal goals of inclusivity and accessibility, potentially increasing the appeal of residential properties to a wider demographic.
Conclusion
The Regulations mark a significant step in enhancing fire safety, and represent a milestone in completing the implementation of all Grenfell Inquiry Phase 1 recommendations. RPs in the Living Sector will want to proactively engage with the Regulations and seek legal advice on their responsibilities, where necessary. This will enable RPs to effectively address the challenges posed by the Regulations and contribute to a safer living environment for all residents. As the implementation date approaches, those in the Living Sector will want to be informed and prepared so they can navigate this evolving landscape. Many RPs already have well-developed risk assessment processes, but those who do not would be better placed by actively engaging at this early stage.