Fire Safety in Communal Hallways

As a general rule, legislation in the PRS (Private Rental Sector) applies to all tenancies - regardless of whether the tenants are all on the same joint contract or if they rent individual rooms in a property.

However, this ruling is not the case for fire safety. Ensuring the safety of your tenants should always be a high priority when compared to other tasks involving looking after your property - particularly when it comes to fire regulations for communal hallways and other shared spaces of the home. In fact, communal areas in flats (which include hallways, staircases and landings) are a critical part of fire safety, providing essential escape routes in the event that an emergency does occur. Landlords who let properties by the room or freeholders of a communal block of flats should be aware of this guidance.

This means that staying up to date with the latest fire safety regulations is not only a legal requirement for landlords but also a moral obligation to protect both lives and property. In this guide, we’ll outline the key responsibilities for landlords regarding fire risk assessments for communal areas and how to comply with current fire safety standards. 

Under the Regulatory Reform (Fire Safety) Order 2005 (FSO), landlords are legally required to carry out a fire risk assessment for communal areas in their properties. This risk assessment involves identifying potential fire hazards, evaluating the risks of these hazards, and implementing the appropriate safety measures required.

For buildings with multiple occupancies (such as Houses in Multiple Occupancy or blocks of flats), the fire risk assessment of common parts must specifically address shared spaces like hallways, landings and stairwells. These areas are often classed as the primary escape routes should a fire occur, making their safety a critical focus for landlords.

Communal areas can be particularly vulnerable to fire risks for several reasons:

• These areas often have high foot traffic, which can lead to blocked fire exits and fire safety equipment being misused
• Flammable materials may be stored in these areas, such as furniture or cleaning supplies
• Electrical equipment may also be placed in communal areas, including lighting or heating systems.

Who Is Responsible for Compliance with Fire Safety Regulations?

The person who is responsible for the safety of the building is known as the ‘Responsible Person’ - this is the person who has control over the communal parts of the building. According to the fire safety order, if you are responsible for the building, you must comply with the relevant fire safety and housing legislation. 

For example, in a block of flats, the Responsible Person will usually be the freeholder as they will have the controlling interest in the communal parts of the building. Similarly, where the property is rented on a room-by-room basis, the landlord will usually be the Responsible Person, as they have control over the common parts between rooms.

What are the key fire safety principles?

As the Responsible Person of a property, you must ensure that you adhere to the key fire safety principles:

• Appropriate measures have been taken to reduce the risk of fire and the risk of fire spreading
• A means of escape has been provided that can be safely and effectively used
• Adequate means for fighting fires exist
• There are appropriate means to detect fires and provide sufficient warnings
• Measures have been taken to mitigate the effects of fire if a fire occurs

In the UK, communal areas in flats have fire regulations governed by several key pieces of legislation. The primary fire safety regulations for landlords include:

The Regulatory Reform (Fire Safety Order) 2005 (FSO)

Where a building is multi-occupied with common parts, the Regulatory Reform (Fire Safety Order) 2005 (FSO) requires the Responsible Person to carry out a fire risk assessment and ensure the general fire safety principles are adhered to.

The FSO is primarily directed at fire safety in the common areas, but it also needs to take into account conditions in the individual flats/units themselves. The FSO applies to all non-domestic premises, which also includes communal areas in residential buildings. 

Requirements:

The most important obligation is that the responsible person, or a competent person employed by them should perform a risk assessment. This assessment should include:

• The building’s structure and external walls (including windows, balconies, cladding, insulation and fixings) and any common parts
• All doors between domestic premises and common parts such as flat entrance doors (or any other relevant door)

The new requirements mean that the responsible person must:

• Record their completed fire risk assessment in writing, and in full (previously only specific information was required to be recorded, and a written assessment was not always required)
• Record the identity of the individual or company that has performed the fire risk assessment
• Demonstrate how fire safety is managed in the premises
• Share their contact information, including a UK based address any other responsible persons (if applicable) and the tenants.
• Take reasonable steps to identify any other responsible persons in the same building.
• Share all relevant fire safety information with incoming responsible persons when giving up control of the property.
• Provide tenants with relevant fire safety information in a format that is easily understood.

The relevant fire safety information to share with tenants is:

• The risks identified by the risk assessment
• The preventive and protective measures in place
• The name of the responsible person and a UK address where they, or their representative, can accept notices and documents
• The identity of any person appointed to assist with the risk assessment
• The identity of any competent persons nominated by the responsible person
• Any risks informed to the responsible person
• Any other matters specified in regulations made by the relevant authority

The Fire Safety Act 2021

The Fire Safety Act 2021 clarifies that the FSO applies to the structure, external walls and flat entrance doors of multi-occupied residential buildings. However, this act also emphasises the importance of assessing any safety risks that may be posed by external walls (such as cladding), as well as ensuring that all fire doors are properly maintained throughout the building.

The Building Safety Act 2022

The Building Safety Act 2022 introduced much stricter regulations for high-rise residential buildings (which are usually measured at being 18 meters or taller), establishing a Building Safety Regulator to oversee compliance. 

The Fire Safety Regulations 2023

Following the Grenfell Tower disaster, the government committed to bringing in further measures concerning fire safety. This included the Fire Safety (England) Regulations 2022 that applied from the 23rd of January 2023.

From January 23rd 2023, landlords must follow these requirements where the property is:

• Split into at least two premises; and
• There are communal parts that residents must pass through to exit the building

To comply, you shoud provide the following information in the common parts and to the occupants:

• The evacuation strategy for the building (e.g. stay put or simultaneous evacuation)
• Instructions on how to report a fire (e.g. use of 999 or 112, correct address to give to the fire and rescue service, etc.)
• Any other instructions that tell residents what they must do when a fire has occurred
• Fire doors should be shut when not in use
• Residents or their guests should not tamper with self-closing devices on fire doors
• Residents should report any fault with, or damage to, fire doors immediately to the responsible person

If your building is 11 meters high or more, then further requirements are placed on you.

For further guidance please see our dedicated page.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 require landlords to install smoke alarms in all communal areas of residential buildings. Landlords must also ensure that all smoke alarms and carbon monoxide detectors are in good working order at the start of each tenancy.

The majority of these regulations apply to the Responsible Person of high-rise buildings. Some requirements apply to all buildings where the property is:

1. Split into at least two premises; and
2. There are communal parts that residents must pass through to exit the building.

If you are the Responsible Person for a house that is let on a room-only basis, you will be caught by some of the requirements to provide information. This legislation will apply even if the property is let to two separate tenants. However, these requirements are relatively minimal. You will also have to comply with these requirements if you own a property where there is a shop on one floor and residential premises on a second floor. In these cases, the common parts are within the scope of these regulations.

Where the property is let on a joint tenancy as a whole, and therefore there are no communal parts, these requirements do not apply. However, you may still wish to provide this information, given it is intended to save lives in the event of a fire.

These regulations are primarily concerned with the common parts of buildings. They generally will not apply to anything in the self-contained flats or houses within the building itself.

Recent Updates to Fire Safety Regulations

The Fire Safety Act 2021 and the Building Safety Act 2022 have introduced stricter requirements for multi-occupied residential buildings. Key updates include:

• Clarifying that fire risk assessment for flats with common parts must include the structure, external walls and flat entrance doors.
• Requiring landlords of high-rise buildings (over 18 meters or 7 storeys) to provide additional safety measures, including evacuation plans and regular fire door inspections.

These changes highlight the importance of staying informed and proactive in managing new fire safety regulations in communal areas.

Responsible Persons will have to provide the necessary information on fire safety and fire doors to ensure all tenants are safe. In the case of fire safety instructions, this information must also be displayed prominently in the building.

1. Conduct a fire risk assessment: A fire risk assessment of all communal areas must be carried out, identifying fire hazards, evaluating who is at risk and determining the strength of existing fire safety measures. 
2. Install and maintain fire safety equipment: You should ensure that fire detection equipment and alarm systems are installed in all communal areas, including hallways and staircases. Fire extinguishers, emergency lighting and fire doors should also be installed and maintained.
3. Ensure clear escape routes: Communal hallways and staircases must be kept clear of obstructions at all times to ensure the appropriate escape routes. Signage indicating fire exits and escape routes should also be clearly visible.
4. Fire doors in communal areas: Fire doors are a crucial component of fire regulations for communal parts and hallways. All fire doors must be self-closing and fitted with appropriate seals to prevent the spread of smoke and fire. 
5. Provide fire safety information to tenants: Tenants should be informed about the fire safety measures in place, including fire exit locations, assembly points and how to use fire safety equipment effectively.
6. Clear signage: Clear signage should also be displayed throughout, including a copy of the fire safety instructions in a conspicuous part of the building. Signs should also be fire-resistant and sufficiently clear to residents.

A range of compliant signs can be found below to suit your evacuation strategy.

High-rise residential buildings of 18 metres or more in height

A significant amount of further information and checks are required for high-rise residential buildings that are taller than 18 metres in height. This responsibility will usually fall on the freeholder of the building and is unlikely to apply to most PRS landlords.

If you are a freeholder of a high-rise residential building, you should seek out specialist advice to ensure you have complied with the requirements.
 

• Opening the door fully, then letting it go; then
• Opening the door to around 15 degrees and letting it go

Are basements included in the height of the building?

No, basements are not included when calculating the height of the building. 

For further information on calculating the height of a building, please refer to the government guidance here.

The best practices for fire safety management in rental properties for landlords are:

• Regular safety inspections: You should conduct routine checks of fire safety equipment and communal areas to ensure compliance.
• Resident engagement: Residents should be educated about fire safety measures and encouraged to report hazards.
• Maintenance records: You should keep detailed records of all fire safety inspections, tests and maintenance work.
• Staff training: You should also provide fire safety training for all building staff and residents, including how to use fire extinguishers and evacuate the premises safely.

We also have a dedicated Training Academy covering a variety of topics to help you keep up to date with current regulations. 

Complying with fire regulations for communal hallways and other shared spaces is a fundamental responsibility for landlords, ensuring all residents and tenants are kept safe from the risk of fire. By conducting a thorough fire risk assessment for communal areas, properly maintaining your fire safety equipment and keeping all escape routes clear, you can meet your legal obligations and ensure the safety of your tenants.

It’s important that you regularly review your fire risk assessment of communal areas, as staying updated with the latest regulations will help to make your property a safer environment for all. Fire safety is not just a legal requirement for landlords - it’s also a commitment to protecting both lives and property.