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The Fire Safety Act 2021 is a short Act confirming that, in blocks with two or more flats, fire safety law covers the structure, external walls and flat entrance doors. It matters for insurance because landlords, freeholders and resident management companies must now assess and record those risks, and insurers commonly ask to see that work before they quote.
Part of: Commercial property owners’ insurance
In short
The Fire Safety Act 2021 amended article 6 of the Regulatory Reform (Fire Safety) Order 2005 so that, where a building contains two or more sets of domestic premises, the Order covers the structure, external walls (including windows, doors and balconies) and common parts, and all doors between flats and common parts. It came into force on 16 May 2022 in England and 1 October 2021 in Wales. In England, the Fire Safety (England) Regulations 2022 added duties from 23 January 2023 on fire door checks, resident information and, for high-rise blocks, building information for the fire service.
Last reviewed 7 October 2026 by the Apex commercial team.
The Fire Safety Order sets fire safety duties for non-domestic premises in England and Wales. It does not apply to domestic premises themselves, which left doubt about the walls and doors of blocks of flats. Section 1 of the Fire Safety Act 2021 removed that doubt.
The Act extends to England and Wales only (s.4(1)). The flats themselves remain outside the Order, apart from safety measures installed in them for other residents, as the government’s guidance explains.
The Order places its duties on the “responsible person” (article 3). In a workplace, that is the employer. For other premises, it is the person in control of the premises in connection with a trade, business or other undertaking, profit-making or not, or otherwise the owner.
For a block of flats this is usually the freeholder, a landlord company, a resident management company (RMC) or a right to manage (RTM) company, depending on who controls the common parts. Managing agents often do the work, but the duty sits with the responsible person.
The fire risk assessment. The responsible person must make a suitable and sufficient assessment of the fire risks (article 9(1)), review it regularly and when things change (article 9(3)), and, since 1 October 2023, record the assessment and its findings (article 9(6)–(7), as amended by the Building Safety Act 2022). After the 2021 Act, that assessment must cover the external walls and flat entrance doors. The government’s factsheet says a visual inspection of the walls is often enough, but where combustible cladding or insulation is known or suspected, a more detailed appraisal under PAS 9980 by a competent person may be needed.
Offences. Failing to comply with the fire safety duties, or with regulations made under the Order, is an offence where it places people at risk of death or serious injury in case of fire (article 32(1)).
These Regulations came into force on 23 January 2023 and apply in England only. The government’s guidance says they apply whether the flats are let or on long leases, and include student accommodation and the residential parts of mixed-use buildings.
| Building | Main duties |
|---|---|
| Any building with two or more flats and common parts used for escape | Display fire safety instructions and give them to residents on moving in and every 12 months (reg 9); tell residents about fire doors: keep them shut, don’t tamper with closers, report faults (reg 10(1)–(3)) |
| Over 11 metres high | Best endeavours to check flat entrance doors at least every 12 months, and check communal fire doors at least every 3 months, including self-closers (reg 10(4)–(7)) |
| High-rise: at least 18 metres or seven storeys (reg 3) | Secure information box (reg 4); record of external wall design and materials (reg 5); floor and building plans (reg 6); monthly checks of firefighting lifts and essential equipment, reporting faults not fixed within 24 hours (reg 7); wayfinding signs (reg 8); send wall and plan information to the fire service (reg 11) |
Residential evacuation plans. The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 came into force on 6 April 2026. GOV.UK says they apply to buildings of at least 18 metres or seven storeys, and to buildings over 11 metres with a simultaneous evacuation strategy, and require person-centred fire risk assessments for residents who would struggle to evacuate.
Fire safety duties touch the property policy, the liability policy and the policy protecting the people who run the building. All are subject to the policy terms.
| Exposure | Cover usually engaged | What to watch |
|---|---|---|
| Fire damage to the block | Buildings insurance | Conditions on alarm and fire door maintenance; disclosure of wall construction and any PAS 9980 findings; underinsurance |
| Resident or visitor injured in a fire in the common parts | Property owners’ liability | Exclusions linked to cladding or known defects; limits for serious injury |
| Directors of an RMC or RTM company accused of failing in their duties | Directors’ and officers’ (D&O) liability | Fines and penalties are commonly excluded; defence costs for investigations vary by wording |
| A fire risk assessor or façade consultant gets it wrong | The assessor’s professional indemnity | Cladding and fire safety exclusions are common in PI wordings |
| Employees of the landlord or managing company injured | Employers’ liability | Volunteer directors may not count as employees |
Insurers commonly ask for the date of the last fire risk assessment, its significant findings and progress on actions. If you hold an assessment you have not acted on, tell your broker, because non-disclosure can affect claims.
If this affects your business, these are the points a broker will ask about:
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Send us your current schedule, or tell us about the property if you are arranging cover for the first time. Or leave your number and a named broker will call you back, usually the same working day.
Apex Insurance Brokers is an independent insurance broker based in Bristol, established in 2009 and authorised and regulated by the Financial Conduct Authority. We are not tied to one insurer: we work with over 30 markets, including Lloyd’s syndicates through wholesale brokers, and every client has a named broker who handles the placement, mid-term changes, certificates for clients and the renewal.
It amends the Regulatory Reform (Fire Safety) Order 2005 so that, in any building with two or more sets of domestic premises, the Order clearly applies to the structure, external walls (including windows, doors and balconies), common parts and the doors between flats and common parts. Responsible persons must include these in their fire risk assessments.
Section 1, which extends the Fire Safety Order’s scope, came into force on 16 May 2022 in England and on 1 October 2021 in Wales. The related Fire Safety (England) Regulations 2022 took effect on 23 January 2023 and apply in England only.
Under article 3 of the Fire Safety Order, it is the person in control of the premises in connection with a business or other undertaking, or otherwise the owner. For flats this is usually the freeholder, landlord, resident management company or right to manage company. A managing agent may act for them, but the duty stays with the responsible person.
In England, if the building has two or more flats and is over 11 metres high, the responsible person must use best endeavours to check flat entrance doors at least every 12 months and communal fire doors at least every three months (Fire Safety (England) Regulations 2022, reg 10). Records of attempts to gain access must be kept.
Policies commonly exclude fines and penalties. Some D&O or management liability wordings may pay defence costs in an investigation or prosecution, subject to their terms. Buildings insurance covers fire damage, and property owners’ liability covers injury claims, but neither pays to fix fire safety defects themselves.
Apex arranges buildings, property owners’ liability and D&O cover for freeholders, landlords and resident-run companies. Tell us about the block and we’ll find cover that reflects it. Or call 0117 325 0027.
Start your quote Call 0117 325 0027Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances. Cover is always subject to the insurer’s acceptance and the policy terms, and this page does not guarantee that cover will be available or on what terms.
