Block Management Compliance, London

Under the Regulatory Reform (Fire Safety) Order 2005 (FSO), the Responsible Person for the common parts of a residential block of flats is the person or body with control over those common parts, in practice the freeholder, or where the freehold is held by an RMC/RTM company, the RMC/RTM and its directors. A managing agent can carry out RP duties on behalf of the freeholder under contract, but the statutory accountability still sits with the freeholder or RMC.

The Fire Safety Act 2021 confirmed that the FSO applies to the external walls, flat entrance doors and common areas of multi-occupied residential buildings. For Higher-Risk Buildings, BSA 2022 Part 4 adds an Accountable Person (and a Principal Accountable Person) regime on top.

BS 9792:2025 is the British Standard methodology for fire risk assessments on blocks of flats. It defines four assessment types, graduated by how far the assessor penetrates into the building:

Type 1, common parts only, non-destructive. The standard default for most London blocks in good condition where compartmentation is evidently intact.
Type 2, common parts plus a non-destructive sample of flats, typically 10–25% of flats selected for a walk-in check of flat entrance doors, compartment line integrity and escape provision from the flat. Used where access to flats is granted and a sample view of internal compartmentation is helpful.
Type 3, common parts plus all flats, non-destructive. Used where the Responsible Person has right of entry (e.g. short-hold tenanted flats within the block) and wants full-flat coverage without opening construction.
Type 4, common parts plus flats plus destructive inspection of compartmentation, service risers, ceiling voids. Used where compartmentation is unknown, suspected to have been compromised, or where a P1 finding from an earlier FRA cannot be resolved without intrusive verification.

Post-FSA 2021 and post-FS(E)R 2022 we generally recommend a Type 4 at 5-year cycles for any block of 11m+ or built before 2006, bracketed by Type 1 or Type 2 reviews in the intervening years. A Type 3 makes sense for landlord-retained PRS portfolios where right of entry is routine.

Section 156 of the Building Safety Act 2022 amended the Regulatory Reform (Fire Safety) Order 2005, coming fully into force on 1 October 2023. The key changes: Responsible Persons must now record their fire risk assessment and fire safety arrangements in writing regardless of property size; must take all reasonable steps to identify the RP and any other RPs of the premises and cooperate and share information with them; and must provide residents with relevant fire safety information.

The penalty regime was also sharpened: unlimited fines on conviction and daily additional penalties for continuing offences. For multi-occupied residential buildings s.156 brought the FSO, the FSA 2021 and the FS(E)R 2022 into a single working set.

Under the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, a residential building is an HRB when it is at least 18m in height or has at least 7 storeys, AND contains at least 2 residential units. Care homes and hospitals of the same height have their own parallel regime.

HRB status triggers BSA 2022 Part 4: registration with the Building Safety Regulator (BSR), appointment of a Principal Accountable Person and Accountable Persons, preparation of a Safety Case Report, maintenance of a golden thread of information, a resident engagement strategy, and a mandatory occurrence reporting system. These duties apply from the point the building is occupied.

The Fire Safety (England) Regulations 2022 took effect on 23 January 2023. Regulation 10 imposes specific fire-door duties on Responsible Persons of multi-occupied residential buildings over 11m in height:

Undertake quarterly checks of fire doors in the common parts; undertake annual checks of flat entrance doors ("best endeavours" basis, since RPs have no right of entry into private dwellings); and provide information to residents explaining that flat entrance doors must be kept in good working order, self-closers must function, and residents should not alter the door. HSE runs the Regulation 10 programme as a managed quarterly inspection cycle on every block we look after.

Quarterly inspection of fire doors in the common parts is a statutory duty under FS(E)R 2022 reg.10(2) only for blocks over 11m in height. Annual inspection of flat entrance doors on those buildings is also required on a best-endeavours basis.

For blocks under 11m the duty is to maintain fire doors in efficient working order and in good repair under the FSO Article 17, which industry guidance interprets as a minimum of annual inspection by a competent person (typically FDIS-certified). A prior-year FRA will almost always specify the inspection interval that is suitable and sufficient for your block; do not drop below it without a written risk-based rationale. HSE runs inspection, maintenance and installation under one project manager so the quarterly cycle and remedials never drift apart.

The External Wall System fire review form (EWS1) is an RICS valuation framework, not a statute. It is used by mortgage lenders to decide whether a flat can be valued for lending. EWS1 is relevant only to residential buildings, typically 11m+, where a lender or insurer has asked for external-wall fire-safety certainty.

An EWS1 needs to be completed by a suitably qualified and competent fire engineer or equivalent, following a PAS 9980:2022 Fire Risk Appraisal of External Walls (FRAEW). Ratings run A1, A2, A3, B1 (acceptable), or B2 (remediation required). A B2 outcome generally freezes lending until remediation completes and a fresh EWS1 is issued. HSE runs EWS1 advisory and coordinates the FRAEW and intrusive investigation partners.

A Safety Case Report is a BSA 2022 Part 4 duty on the Principal Accountable Person of every occupied Higher-Risk Building. It is a structured document that identifies the fire and structural hazards in the building, assesses the risks they present, and evidences the proportionate measures that manage them to an acceptable level.

Requirements: the report must be produced by a competent author; must be kept under review; and must be submitted to the Building Safety Regulator on request (and at first registration). A poorly structured Safety Case Report is a leading cause of BSR registration rejection. HSE rebuilds and maintains Safety Case Reports for PAPs under a structured template aligned to the BSR's assessment criteria.

The "golden thread" is the BSA 2022 requirement (ss.83–87, and the Building Safety (Regulatory Regime) Regulations 2022) that a Principal Accountable Person of an occupied HRB maintains and keeps up to date the building information, plans, and safety management documentation in a digital, accessible, accurate and understandable form.

It must include construction information, operation & maintenance manuals, fire safety arrangements, Safety Case Report, mandatory occurrence reports, inspection and test records, and resident engagement documentation. The golden thread must be handed over in full when an HRB is sold or when the PAP changes. Failure to maintain it is an offence under BSA 2022 s.87.

HSE's indicative BS 9792 Type 1 or Type 2 FRA pricing for a London block Oct 2025–Mar 2026 has been:

Small block (4–10 flats, under 11m): £450–£850. Mid-rise (11–25 flats, under 18m): £850–£1,400. Tall block (26–60 flats, 11–18m): £1,400–£2,200. Large HRB (61+ flats, 18m+): £2,200–£4,500+. A Type 4 intrusive FRA for a complex HRB typically lands in the £5,000–£12,000 range depending on access scope. These are assessment-only prices, remediation, fire-door work and s.20-consultation-ready costings are priced separately. Every quote is costed to a ±10% band at audit.

LOLER (the Lifting Operations and Lifting Equipment Regulations 1998) requires a Thorough Examination of every passenger lift at intervals not exceeding 6 months, and every goods-only lift at intervals not exceeding 12 months, reg.9(3). It must be carried out by a competent person who is sufficiently independent of the organisation maintaining the lift; typically a SAFed or CEOC member such as an AIB-approved engineer.

Don't confuse this with the maintenance contract. Maintenance and Thorough Examination are separate regulatory obligations and HSE will not accept "our lift maintainer does it", that's precisely the conflict of interest LOLER sets out to avoid. HSE coordinates both, but uses an independent examiner for the statutory report.

Compartmentation assessment sits on a continuum. Every BS 9792 Type 1 FRA includes a non-destructive review of visible compartmentation (common stairwells, corridors, service risers, service penetrations). Findings are recorded in the FRA actions register.

Where compartmentation cannot be verified visually, e.g. suspended ceilings, service risers boxed out, historical conversions with unknown upgrades, the FRA will recommend a separate intrusive compartmentation survey. That survey is out of scope for a Type 1 FRA but is commonly in scope for a Type 4. HSE typically sequences a compartmentation survey as a follow-on piece of work the same quarter as the Type 4 FRA, so results are joined up, and any works fall under compliance remedial works with fire door installation where FD30 / FD60 upgrades are required.

Section 20 of the Landlord & Tenant Act 1985 (supplemented by SI 2003/1987) requires a freeholder/RMC to consult leaseholders before incurring qualifying works costs where any single leaseholder's contribution will exceed £250. On most blocks this threshold is crossed by anything more than a modest fire-door job, HSE's remedial-works team issues s.20-ready specifications the day a P1 finding lands, bundled into an annual compliance package where appropriate.

The two-stage statutory process: Notice of Intention with a 30-day observation period; then Notice of Estimates (with a minimum of two estimates, one of which must not be connected to the freeholder) with a further 30-day observation period. Fail to consult and the freeholder loses the right to recover more than £250 per leaseholder for the works, which on a 50-flat block is a £250 cap vs a potentially six-figure bill. HSE prepares s.20-ready specifications and costings the moment an FRA issues a P1 finding.

Yes. The FSO 2005 definition of Responsible Person extends to any person who has control to any extent of the premises in connection with the carrying on by him of a trade, business or undertaking, which includes the managing agent contracted by the freeholder. Under s.32 FSO, contravention is an offence carrying an unlimited fine on conviction and (where the offence involves risk to life) imprisonment up to two years.

In practice, LFB enforcement notices name the freeholder, the RMC/RTM directors and the managing agent jointly or separately according to the conduct in question. BSA 2022 Part 4 adds the Accountable Person regime on HRBs, where personal exposure for directors and senior personnel is unambiguous. The practical takeaway: contractually nominate the RP role, evidence every compliance action in writing, and work with a competent FRA partner.

Three different documents with three different purposes:

Fire Risk Assessment (BS 9792) is the FSO-driven, whole-building internal fire-safety risk assessment. Mandatory on every multi-occupied residential building. Covers internal compartmentation, fire doors, alarm, escape routes, housekeeping, etc.

FRAEW (PAS 9980) is the Fire Risk Appraisal of the External Wall system. It feeds the EWS1 form. Relevant primarily where lending or insurance is dependent on external-wall clarity. Covers cladding, insulation, cavity barriers, balconies.

Safety Case Report (BSA 2022 Part 4) is the HRB-only, holistic risk-management document showing how the PAP is controlling both fire and structural risks. Submitted to the BSR. Sits above the FRA and FRAEW; does not replace them.

For a typical London mid-rise block the EWS1 process is 6–16 weeks from instruction to certificate in hand, divided into: scoping and competent-person appointment (1–2 weeks), desktop review of available drawings and specs (1–2 weeks), intrusive investigation if required (2–4 weeks including access coordination), PAS 9980 FRAEW report (2–4 weeks), and final EWS1 issuance (1–2 weeks).

Blocks with good construction documentation can move to the front of that band. HRBs and buildings with unknown or composite external-wall systems typically need the full FRAEW intrusive cycle and land toward the back of it. HSE front-loads the scoping call within 48 hours and confirms an indicative timeline at that stage.

In principle, fire-safety remediation falls within a standard residential lease's service-charge recoverability, and is recoverable subject to s.20 consultation. In practice the Building Safety Act 2022 ss.116–125 introduced statutory leaseholder protections for cladding and non-cladding building-safety defects in "relevant buildings" (11m+ multi-occupied blocks).

Under those protections, qualifying leaseholders in a relevant building where the developer/freeholder is a "relevant" landlord may pay nothing for cladding remediation and may be subject to contribution caps (up to £10,000 outside London, up to £15,000 in London, spread over 10 years) for non-cladding defects. Outside those protections, standard leaseholder liability applies. Every case turns on the specific lease, qualifying status and developer history, take legal advice alongside our technical remediation scoping.

The Building Safety Regulator's assessment of a Safety Case Report results in one of: accept the building safety case (leading to Building Assessment Certificate issue), direct the PAP to take specified action, or refuse to issue a Building Assessment Certificate.

A refusal is not the end of the road, the BSR will identify the gaps and the PAP has the right to resubmit once those gaps are closed. Where a refusal is accompanied by a compliance notice the PAP must comply within the stated timeframe or face enforcement. Where risk is imminent, the BSR can issue a special measures order placing the building under direct BSR management until the PAP remediates. HSE's Safety Case advisory service specifically targets the rejection gaps we see most often: resident-engagement documentation, mandatory-occurrence reporting configuration, and the golden-thread index completeness.

Under the Health & Safety at Work etc. Act 1974, COSHH 2002 and HSE's Approved Code of Practice L8, every duty holder must assess and control the risk of legionellosis from hot and cold water systems that serve people. On a block of flats the communal elements (communal cold-water tanks, calorifiers, loft tanks, risers, booster pumps) are in scope.

The standard management cycle: written risk assessment (reviewed at least 2-yearly, and whenever the system changes); written scheme of control; monthly sentinel-outlet temperature checks; annual tank inspection; and training the person managing the scheme. HSE carries out the risk assessment, sets up the scheme, and takes the monthly temperature checks on managed blocks through the annual compliance package.

Yes, mid-year take-on is one of our most common onboarding patterns. The 30-day onboarding process (see the Process section above) is designed for exactly this scenario: block-by-block gap audit in the first 14 days, statutory-gap report and cost-to-remediate within another 4, and a synchronised handover to the client portal by day 30.

The critical contractual piece: we require the outgoing vendor's last compliance records (FRA, fire-door register, alarm service log, LOLER, asbestos, legionella, EICR) before scheduling the gap audit. Where those records are incomplete or missing, which is more common than managing agents expect, we run a reconstruction audit that takes roughly double the standard audit time but still lands inside the 30-day window.

A competent first-time Safety Case Report for a typical London HRB lands in 8–14 weeks from instruction to submission-ready draft, depending on the quality of the existing evidence base. The breakdown: scoping call and competent-author appointment (1 week), golden-thread and FRA/FRAEW evidence review (2–3 weeks), hazard identification and risk assessment (2–3 weeks), 7-section SCR drafting (2–3 weeks), resident engagement strategy build (1 week), PAP review and sign-off (1 week).

Blocks with intact construction documentation, a current BS 9792 Type 4 FRA and a recent FRAEW move through the front of that band. Buildings with patchy records, a rejected first submission, or in-flight remediation typically land at the back. HSE's SCR advisory programme is structured to the same 7-section template the BSR assesses against, see the Safety Case Report section above.

Seven specific triggers take a block out of the routine Type 1 annual rhythm and into Type 4 scoping: (1) unknown build-up where no construction documentation exists; (2) a P1 action on an earlier FRA that cannot be closed without intrusive verification; (3) a post-fire re-assessment, even a minor kitchen fire triggers a requirement to verify compartmentation near the affected flat; (4) post-refurbishment, particularly after service-riser replacement; (5) a historical conversion block where walls and floor build-ups were never designed to FD30/FD60 standards; (6) an insurer or lender requirement at renewal or refinancing; and (7) post-acquisition diligence with incomplete FRA history.

See the BS 9792 Types section above for the full comparison table and cost bands. Not every 11m+ block needs a Type 4 every year; most land on a 5-yearly Type 4 cycle bracketed by Type 1 or Type 2 reviews.

Regulation 22 of the Fire Safety (England) Regulations 2022 applies to multi-occupied residential buildings at least 18m in height or containing 7 or more storeys. The Responsible Person must:

Fit wayfinding signage in the stairways visible to firefighters in low-light conditions, identifying the floor and the flat numbers on that floor. Install and maintain a secure information box near the main entrance containing hard-copy plans of the building, the name and contact for the RP, and the electronic lockbox access arrangement. Provide the local fire and rescue service with electronic information about the design and materials of the external wall system and, on request, monthly plans of floor layouts.

Reg 22 duties land on top of, not instead of, all other FSO 2005 and FS(E)R 2022 Regulation 10 (fire door) obligations. For 18m+ blocks that meet the HRB threshold, Reg 22 duties run in parallel with BSA 2022 Part 4 Accountable Person duties.

Under BSA 2022 Part 4, every Higher-Risk Building has at least one Accountable Person (AP), the person or body with a legal estate in the common parts or responsibility for repair of those parts under a lease or contract. Multiple APs are possible where different parts of the common areas are held by different parties (e.g. freeholder of the block, commercial unit owner at ground floor).

Where more than one AP exists, the APs must nominate a Principal Accountable Person (PAP), one AP who takes the single-point-of-regulatory-contact role with the Building Safety Regulator. On most London blocks the PAP is the freeholder or the RMC/RTM holding the common-parts lease.

Key distinction: all APs share joint duties on building safety risks within their remit. Only the PAP registers the building with the BSR, produces the Safety Case Report, operates the mandatory occurrence reporting system, and applies for the Building Assessment Certificate. See the HRB & BSA section for the full responsibility matrix.

No, not in the way most people assume. The FSO 2005 definition of Responsible Person is fact-based and non-delegable: it is whoever has control over the premises in connection with a business. Signing a management contract does not remove the freeholder's statutory accountability; it adds the managing agent as an additional RP in the commercial supply chain.

Post s.156 BSA 2022 this is now explicit: where more than one RP exists, each must take all reasonable steps to identify the other RPs, cooperate with them, and share information. LFB and BSR enforcement action in 2023–25 has routinely named the freeholder, RMC/RTM directors and managing agent jointly or separately depending on which party carried out or failed the specific duty in question.

Practical implication for managing agents: contract indemnities are useful for allocating commercial liability after the fact, but they do not protect against statutory exposure before the fact. Evidence every compliance action in writing, work with a competent FRA partner, and don't assume the freeholder's appointment letter shields you from s.32 FSO prosecution.