fire-safety-law-wales-2024
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The Regulatory Reform (Fire Safety) Order 2005 applies equally in Wales and England, forming the cornerstone of fire safety legislation for non-domestic premises. Responsible persons—typically employers, owners, or those with control of premises—must carry out fire risk assessments and implement appropriate safety measures. This duty applies to virtually all workplaces, commercial buildings, and the common parts of multi-occupancy residential properties.
In 2023, the Fire Safety (England) Regulations 2022 came into force, introducing significant changes for high-rise residential buildings. However, Wales chose not to adopt these regulations. Instead, Welsh fire safety law continues to operate under the original 2005 Order framework, supplemented by Wales-specific guidance from the Welsh Government and local fire and rescue authorities. Responsible persons in Wales should consult Fire and Rescue Service guidance rather than assuming England's recent amendments apply.
The 2005 Order mandates several ongoing obligations. Responsible persons must identify fire hazards, evaluate risks to relevant persons, and remove or reduce those risks where reasonably practicable. They must establish and maintain appropriate fire precautions, including detection and warning systems, firefighting equipment, and emergency routes and exits. Records of the fire risk assessment must be kept where five or more employees are present, and reviews must occur regularly and whenever circumstances change.
Fire authorities in Wales retain enforcement powers identical to their English counterparts. Inspectors may enter premises, identify breaches, and issue enforcement notices requiring remedial action. In cases of serious risk, prohibition notices may restrict or prohibit use of premises. Prosecutions under the Order can result in unlimited fines and imprisonment up to two years for the most serious offences.
The Building Safety Act 2022, whilst primarily affecting England, contains provisions extending to Wales regarding construction products and the future building safety regime. Welsh Ministers have indicated intentions to develop Wales-specific building safety legislation, though as of 2024 this remains in development. Meanwhile, the Construction Products Regulation (EU) 305/2011 continues to apply in Wales through retained EU law, with UK-wide amendments taking effect progressively.
Practical compliance in Wales requires attention to Welsh Government publications, particularly the "Fire Safety Risk Assessment" series covering specific building types. These guides, available from GOV.WALES, provide sector-specific guidance aligned with the 2005 Order. Responsible persons should also engage proactively with their three Welsh fire and rescue services: North Wales Fire and Rescue Service, Mid and West Wales Fire and Rescue Service, and South Wales Fire and Rescue Service.
Looking ahead, the Welsh Government has committed to reviewing fire safety legislation following the Grenfell Tower Inquiry recommendations. This may bring Wales closer alignment with England's enhanced regime, particularly for high-rise buildings. Responsible persons should monitor Welsh Government announcements and maintain robust compliance with existing duties under the 2005 Order, ensuring assessments remain current and documented.