Amending legislation

Fire Safety Act 2021

The Act clarified that the Fire Safety Order reaches the structure, external walls and flat entrance doors of buildings containing two or more domestic premises. It did not create a separate replacement assessment regime.

Status: In forceApplies: England and WalesReviewed: 22 July 2026

Purpose

What did the Fire Safety Act change?

Section 1 clarified the scope of the Fire Safety Order for buildings containing two or more sets of domestic premises. The responsible person must consider the building’s structure, external walls and doors between domestic premises and common parts when carrying out and acting on the FRA.

This removed doubt about whether those elements fell within the Order. The Act works by amending the existing regime: the responsible person, suitable-and-sufficient test, review duty and enforcement framework remain those of the Fire Safety Order.

Assessment scope

Which building elements must be considered?

External walls include anything forming part of the wall and attachments to it. The assessment must consider risk rather than merely list materials. The appropriate evidence depends on construction, height, vulnerability, evacuation strategy and signs of potential external fire spread.

01

Structure

The building’s structural elements insofar as they affect fire risk under the Order.

02

External walls

Wall systems, construction and relevant components, including cladding.

03

Attachments

Balconies and other items attached to external walls.

04

Openings

Doors and windows in external walls.

05

Flat entrance doors

Doors between individual domestic premises and common parts.

06

Common parts

The established scope of corridors, stairs, plant rooms and relevant shared facilities continues.

Proportionate evidence

When is an external-wall appraisal needed?

The ordinary FRA must consider the external wall, but not every building automatically needs a full fire risk appraisal of external walls under PAS 9980. A competent assessor should identify whether the available information and observable construction are enough or whether a specialist FRAEW is justified.

Where external-wall risk is known or suspected, a competent fire engineer or other appropriately competent building professional may need to undertake the appraisal. The resulting FRAEW informs the wider fire risk assessment; it does not replace it.

  • Gather as-built, refurbishment and product information
  • Record what could and could not be confirmed
  • Consider height, wall build-up, balconies and fire barriers
  • Explain whether specialist appraisal or intrusive investigation is needed
  • Feed conclusions and actions back into the whole-building FRA

Doors to homes

Flat entrance doors and ongoing checks

Flat entrance doors between domestic premises and common parts must be addressed in the FRA. The assessment should consider their condition, self-closing, fire and smoke performance, alterations and the building’s fire strategy.

Separate duties under the Fire Safety (England) Regulations 2022 require annual checks using best endeavours for flat entrance doors and quarterly checks of communal fire doors in multi-occupied residential buildings above 11 metres. That threshold is not limited to high-rise buildings of 18 metres or seven storeys.

Responsible person

A practical compliance sequence

Start by confirming the responsible person and the premises within scope. Review whether the current FRA explicitly addresses the newly clarified elements and whether its evidence, limitations and competence remain adequate.

Actions may include door repair, improved records, further investigation, interim measures or specialist external-wall advice. Priorities must be based on risk and coordinated with accountable persons where the building is also a higher-risk building under the Building Safety Act.

  • Check the FRA scope and date
  • Identify construction information gaps
  • Inspect and manage flat entrance doors
  • Commission specialist advice only where proportionate
  • Track actions and revise the FRA when new evidence changes the conclusions

See the whole framework

Fire-safety law works as a connected system

Return to the regulations hub to compare legislation, height thresholds and voluntary standards before deciding what applies to your building.

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Frequently asked questions

Fire Safety Act 2021 FAQs

Does the Fire Safety Act apply to every block of flats?

Its clarification concerns buildings containing two or more sets of domestic premises. The practical extent of assessment and any specialist investigation should be proportionate to the building and risk.

Does every block need a PAS 9980 appraisal?

No. The FRA must consider the external wall, but a full FRAEW is normally commissioned where risk is known or suspected or the ordinary assessment cannot reach a reliable conclusion.

Is an EWS1 form the same as a fire risk assessment?

No. EWS1 is a valuation process administered by RICS. A PAS 9980 FRAEW is a risk appraisal intended to inform the building’s FRA.

Are balconies covered?

Yes. The Act’s external-wall definition includes attachments such as balconies.

Did the Act change responsibility inside individual flats?

It clarified the Order’s application to structure, external walls and doors between homes and common parts. The Order generally still does not apply to the interior of a private domestic dwelling.

Premises-specific support

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Primary sources

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