01 · The stackThe block compliance stack, four disciplines, seven statutes
A London block of flats is a technical system that the law treats as four concurrent compliance programmes. Fire safety runs on one cadence and statute, structural and environmental hazards on another, mechanical and electrical on a third, and leasehold relationships on a fourth. None of the four substitutes for another. A spotless FRA does not protect against LOLER enforcement; a perfect lift log does not cover a missing EICR; clean electrical compliance does not cover a Section 20 consultation breach that caps the leaseholder contribution on a major works programme.
Behind that four-discipline operating model sit seven principal statutes: the Regulatory Reform (Fire Safety) Order 2005 (as amended by the Fire Safety Act 2021 and Section 156 of the Building Safety Act 2022), the Building Safety Act 2022 itself for Higher-Risk Buildings, the Fire Safety (England) Regulations 2022, the Housing Act 2004 Part 1 (HHSRS), the Landlord and Tenant Act 1985 (sections 11 and 20), the Lifting Operations and Lifting Equipment Regulations 1998, and the Control of Asbestos Regulations 2012. The Building Safety Act s.156 guide covers the first two in depth; this article places them within the four-discipline block operating picture.
Who holds the duty, who does the work
The statutory duty in a leasehold block sits with the freeholder, RMC, RTM company or head-lessee depending on the repairing covenants. The managing agent almost always discharges the work, but the duty does not transfer to the agent, a contract and a fee do not change the Act. Make sure the management agreement states explicitly which duty-holder the agent is representing and the scope of delegated authority; ambiguity is the first thing s.156 BSA co-operation obligations expose. The companion Freeholder vs RMC vs RTM article unpacks the legal-duty allocation.
02 · Group A · Fire safetyFire safety, the Order, the Regulations, and the s.156 overlay
Fire safety in blocks is governed by the Fire Safety Order 2005, with the Fire Safety (England) Regulations 2022 adding prescriptive residential-block requirements on top. The Act applies everywhere in scope; the Regulations layer specific duties by building height. Above the 18 m / 7-storey HRB threshold, the Building Safety Act 2022 adds a third regime.
FRA · Fire Risk Assessment
Every blockWritten FRA mandatory for every block common part under the Fire Safety Order 2005 (as amended). Responsible Person identified; significant findings recorded; action plan with dates. Methodology: BS 8674:2025 (current CoP) or PAS 79-1. Cadence: Review within 12 months; full re-assessment every 2-5 years or on material change. Penalty: Unlimited fine, imprisonment on indictment for serious breaches. See the full Fire Doors guide for the ironmongery detail.
Fire doors · FS(E)R Reg 10
11 m + quarterlyFor residential buildings over 11 metres: quarterly inspection of flat entrance doors, annual inspection of common-parts fire doors. Methodology: BS 8214:2026. Records retained. 18 m+ buildings additionally require wayfinding signage and secure information boxes for firefighters. The 11 m threshold is per FS(E)R 2022 Regulation 10 as now amended. For the portfolio-delivery side of the same duty, multi-site inspection programmes, centralised reporting, cadence management, our sister team has written up how fire-door compliance is run at scale across housing association stock.
Fire alarm · BS 5839-1
Grade A wiredBlock common-parts fire-alarm system under BS 5839-1 (non-domestic / Grade A) typically where required by the FRA. Weekly user test, 6-monthly service, annual verification. Four-certificate pack (design / install / commission / verify) on hand. For individual flats, the Grade D1 LD2 domestic spec applies per the BS 5839 guide.
Emergency lighting · BS 5266
Escape routesBS 5266-1:2025 (design) and BS EN 1838 (photometric performance). Required on all escape routes and in plant rooms. Monthly function test, annual full 3-hour discharge test. Log book held on site.
s.156 BSA · the five new duties
Since Oct 2023Section 156 Building Safety Act 2022 amended the Fire Safety Order from 1 October 2023. Five new Responsible Person duties apply to every block regardless of height: (1) write the FRA for every premises, (2) record the fire-safety arrangements, (3) identify and co-operate with co-Responsible Persons, (4) share information with incoming RPs, (5) provide residents with fire-safety info in an understandable form. Full detail: BSA s.156 guide.
HRB overlay · BSA Parts 3 & 4
HRB onlyFor 18 m+ or 7-storey+ buildings with 2+ residential units: Accountable Person identified, Safety Case Report prepared, Building Assessment Certificate obtained from the Building Safety Regulator, Golden Thread maintained. PEEP (Personal Emergency Evacuation Plan) provisions for vulnerable residents were strengthened by the 2024 regulations on Emergency Evacuation Information Sharing. Full HRB walk-through in the s.156 guide.
The fire-safety discipline alone accounts for most of the compliance-spend in a modern London block and the overwhelming majority of enforcement action. Everything else is secondary in penalty terms, but that does not make the rest optional.
03 · Group B · HazardStructural & hazard, HHSRS, asbestos, legionella
Group B catches the longer-cycle compliance duties that are easiest to forget because they do not come with an annual certificate through the door. All three apply to every block regardless of height.
HHSRS · Housing Act 2004 Part 1
Common parts + flatsThe Housing Health and Safety Rating System applies to residential premises including the common parts of blocks. 29 recognised hazards; Category 1 compels council action under s.5. Enforcer: Local authority housing team. Penalty: Improvement notice, prohibition order, civil penalty up to £30,000 per offence under HPA 2016 s.126, Works in Default chargeable back to the duty-holder. The Awaab's Law PRS extension (once the final SI lands) sits inside this framework, see the 14-day SOP guide.
Asbestos · CAR 2012
Pre-2000 blocksControl of Asbestos Regulations 2012 Regulation 4 (duty to manage) applies to the common parts of every non-domestic building, including the common parts of residential blocks. For pre-2000 buildings the duty is universal. Required: Management Survey Report with asbestos register; Refurbishment/Demolition survey before any intrusive works. Penalty: Unlimited fine; up to 2 years' imprisonment on indictment.
Legionella · ACoP L8
Any stored waterHealth and Safety at Work etc. Act 1974 s.3(2); COSHH 2002; HSE Approved Code of Practice L8. Written Legionella Risk Assessment for any common-parts hot or cold water system with storage. Most London blocks have at least a cold-water tank or a communal heating system in scope. Cadence: LRA reviewed every two years or on material change; temperature checks on the schedule set by the LRA.
Lightning protection · BS EN 62305
Taller blocksNot all blocks; but required where the FRA or an insurer's risk assessment specifies lightning protection. BS EN 62305 covers the design standard. Cadence: Visual inspection every 12 months; full test every 2-5 years depending on risk class. Common omission: systems installed on conversion but never maintained.
The Building Safety Act did not just add a new regime for tall buildings; it made every block's fire-safety file visible and audit-ready. The s.156 co-operation rules mean that a freeholder cannot hide behind a silent managing agent, and a managing agent cannot hide behind a silent freeholder. The age of informal block management is over.
04 · Group C · Mechanical & electricalLifts, EICR, HIU and gas, the four M&E duties
Passenger lifts, common-parts electrical systems, heat interface units on communal heat networks, and communal gas plant all require specialist competence and defined statutory cadences.
Passenger lifts · LOLER 1998
6-monthlyLifting Operations and Lifting Equipment Regulations 1998. Thorough examination by a competent person (independent of the maintenance contractor) every 6 months. Lift register maintained. Defects rectified promptly; lift out of service immediately if a defect poses danger. For 18 m+ HRBs, firefighting lifts additionally maintained under Lifts Regulations 2016 and BS EN 81-72.
Common-parts EICR · BS 7671
5-yearlyElectrical Installation Condition Report for landlord circuits in common parts (hallway lighting, door entry, lift motor rooms, bin-store lighting, external lighting). Standard BS 7671 current edition. Cadence: 5 years. C1 and C2 observations remedied within 28 days. Individual flat electrical compliance sits with the leaseholder for the demised parts.
Communal gas plant · GSIU Regs 1998
AnnualGas Safety (Installation and Use) Regulations 1998 for any communal gas plant, boiler rooms, district heating, communal cookers. Gas Safe-registered engineer; annual certification; immediate shutdown on unsafe findings. Penalty: Unlimited fine, imprisonment for serious breaches.
HIU · heat networks
Heat Networks RegsHeat Network (Metering and Billing) Regulations 2014 and the Heat Networks Regulations 2021. Communal heating systems (heat-network) must be metered where cost-effective and billed per the consumer-protection rules under Ofgem. Heat interface units require planned maintenance per the manufacturer's schedule and the emerging Consumer Protection Act 2025 provisions (commencement phased).
05 · Group D · Leasehold dutiesLeasehold duties, repairing covenants and consultations
The fourth discipline is leasehold compliance, the body of law that governs the relationship between the freeholder, leaseholders and the management company. Get this wrong and the compliance bill becomes a shortfall even when the physical work was done to spec.
s.11 L&T Act 1985 · Repairing covenant
ImpliedSection 11 of the Landlord and Tenant Act 1985 implies a repairing covenant on any lease under seven years: structure and exterior, sanitary installations, utilities. Long leases typically have express repairing covenants that go further. Most block-management disputes turn on the interaction between express lease terms, s.11 implied terms, and service-charge recoverability.
s.20 consultation · L&T Act 1985
Above thresholdsSection 20 L&T Act 1985 and Service Charges (Consultation Requirements) (England) Regulations 2003 require a statutory consultation with leaseholders before (a) qualifying works over £250 per leaseholder or (b) qualifying long-term agreements over 12 months costing more than £100 per leaseholder per year. Three-stage process: notice of intention, notice of estimates, notice of award. Failure caps leaseholder contribution at £250.
Service charges · LTA 1985 s.19-21
Reasonableness testSections 19 (reasonableness), 20B (18-month demand limit), 21 (summary of relevant costs), and 42 (service-charge accounts held on trust) form the consumer-protection core of leasehold service-charge law. Leaseholder challenges go to the First-tier Tribunal (Property Chamber). Managing agents must hold service-charge monies in designated trust accounts under s.42.
Building Safety Act Part 5 · remediation
Cladding / fire-safetyPart 5 of the Building Safety Act 2022 introduced remediation orders and remediation contribution orders targeted at historical fire-safety defects. Courts can compel named parties (including associated companies and developers) to fund or carry out remedial works. Leaseholder protections cap recoverable costs for cladding and certain non-cladding defects. A live and developing area of law.
06 · Worked example22-storey tower · annual compliance cycle
180-flat 22-storey tower, HRB with passenger and firefighting lifts
A 1980s 22-storey 180-flat residential tower in East London. Freeholder: institutional investor. Common parts managed by a resident-led RTM company. Managing agent contracted by RTM. HRB (18 m+). Two passenger lifts and one firefighting lift. Communal gas boiler plant. Pre-2000 build. Below is the annual cycle HSE runs.
- January · Annual FRA review. Responsible Person (RTM) reviews FRA against change log; full re-assessment every 3 years, last done 2024.
- January · Annual fire-alarm service + verification. BS 5839-1 panel-based system; third-party verification; log book updated.
- Each week · Fire-alarm user test. Rotating detector test; logged.
- Each month · Emergency-lighting function test. BS 5266-1; log book.
- Each month · Firefighting lift check. FS(E)R Reg 10 for HRBs. Logged.
- February / May / August / November · Quarterly FD checks. Every flat entrance door on the escape routes; FDIS Certificated Inspector.
- March + September · 6-monthly LOLER examination. Both passenger lifts + firefighting lift examined by a competent person independent of maintenance.
- April · Annual common-parts fire-door inspection. FDIS, records filed.
- May · Legionella review (2-yearly). Cold tank inspection, temperature profile; updated LRA.
- June · Annual Gas Safety check on communal plant. CP12 issued; any service actions undertaken.
- June · Emergency-lighting annual 3-hour discharge test. Failing luminaires replaced.
- September · HHSRS self-survey. Walk the building against the 29 HHSRS hazards; actions raised for any finding.
- October · Safety Case Report review. PAP reviews; updates Golden Thread; any material change re-submitted to Building Safety Regulator.
- November · Asbestos register review. Any works commissioned this year triggered R/D survey; register updated.
- Year 5 · Common-parts EICR. Full fresh EICR for landlord circuits.
- On major works · Section 20 consultation. Three-stage consultation for any qualifying works over £250 per leaseholder.
- On Regulator review · Building Assessment Certificate cycle. Rolling re-assessment by the Regulator; PAP responds to any additional requests.
- On any incident · Fire-safety or HHSRS report. Investigated, logged, remediated; any regulatory notification filed.
18 scheduled events + incident-driven duties
A modern London HRB carries around 18 scheduled statutory compliance events per year, plus an incident-driven duty layer (HHSRS response, FRA re-assessment, Section 20 consultation) that is triggered by circumstances. The difference between a compliant block and an exposed one is whether all 18 events hit their scheduled date AND the incident-driven duties are handled within the statutory clock.
07 · FAQsQuestions block managers keep asking
Who is legally responsible for block compliance in London?
Responsibility sits across several roles. The Responsible Person under the Fire Safety Order 2005 is usually the freeholder or whichever party has a repairing obligation for the common parts. The Accountable Person under the Building Safety Act 2022 applies to HRBs (18 m+ / 7 storeys + 2 residential units). The managing agent discharges the day-to-day compliance but does not itself hold the statutory duty, the duty sits with the client. Where there are multiple duty-holders, they must identify each other and co-operate under s.156 BSA 2022 amendments.
What is the difference between the Fire Safety Order and the Building Safety Act?
Two separate but complementary regimes. The Fire Safety Order 2005 (as amended by FSA 2021 and s.156 BSA 2022) governs fire safety in every block of flats regardless of height. The Building Safety Act 2022 adds a parallel regime for Higher-Risk Buildings only, centred on the Accountable Person, Safety Case Report, Building Assessment Certificate and Golden Thread. HRBs carry both; sub-threshold buildings carry the FSO duties only.
How often must a block FRA be reviewed?
Under the Fire Safety Order the FRA must be reviewed regularly enough to ensure it remains suitable and sufficient. Industry practice recommends a full review within 12 months and a full re-assessment every 2-5 years, or sooner on material change. BS 8674:2025 is the current Code of Practice for residential FRAs. For HRBs, the Safety Case Report under the Building Safety Act sits above the FRA.
What is LOLER and does it apply to every block with a lift?
The Lifting Operations and Lifting Equipment Regulations 1998 apply to every passenger lift in a block where the lift is provided for residents or visitors. Passenger lifts require a thorough examination by a competent person every 6 months. Lifting-equipment register maintained; prompt defect remedy; immediate removal from service where a defect poses danger. HRBs additionally maintain firefighting lift compliance under Lifts Regulations 2016.
Do common parts need an EICR?
Yes, common-parts landlord circuits require inspection and testing to BS 7671 under the Electricity at Work Regulations 1989. Recommended cadence is 5 years, aligned with the PRS EICR cycle. Any C1 or C2 observation must be remedied within 28 days. Individual flat electrical compliance sits with the leaseholder for the demised parts only.
What are Section 20 consultations and when do they apply?
Section 20 of the Landlord and Tenant Act 1985, supplemented by the 2003 Consultation Regulations, requires a statutory consultation before qualifying works over £250 per leaseholder or long-term agreements over £100 per leaseholder per year. Three-stage process: notice of intention, notice of estimates, notice of award. Failure to consult caps the leaseholder contribution at £250 regardless of actual cost. Fire-safety remedials frequently cross this threshold.
The full four-discipline stack across the portfolio, one contractor, one compliance file per block per year
HSE runs the annual compliance cycle across fire, hazard, mechanical and leasehold disciplines. FRA to BS 8674:2025, FS(E)R Reg 10 quarterly inspections, LOLER 6-monthly, EICR 5-yearly, Legionella 2-yearly, Safety Case Report and Golden Thread for HRBs, delivered against a named 12-month calendar for every block.
08 · Where to go nextTwo practical follow-ups
If you are running a block portfolio or stepping into a freeholder, RMC director or RTM officer role, these are the two reads that close the loop.
First, the Building Safety Act s.156 and HRB Duties guide, the 12-minute regulatory brief covering how the Fire Safety Order was amended by s.156, the five new Responsible Person duties, and how HRB status changes the whole compliance stack. Pair this article with the BSA guide to get full coverage of the regulatory picture.
Second, subscribe to The HSE compliance briefing. One email a month with block-management regulatory updates. When a new Fire Safety Regulation lands, when the BSA Regulator changes BAC cadence, or when a Part 5 remediation-order decision sets a precedent, you will hear it from Kevin within the week.
HSE service for this topic
Block compliance partner · fixed scope
One contractor across the full four-discipline block stack: FRA, FS(E)R Reg 10, LOLER 6-monthly, EICR, Legionella, Safety Case Report and Golden Thread. One compliance file per block, per year.