BUSINESSES need to prepare for the new fire safety regulations which come into force on October 1, warns Furley Page Solictors’ commercial property lawyer Andrew Gough.

The new legislation places far greater emphasis on fire prevention with responsibility now aimed predominantly at managers and other property professionals. But building regulations will still play a key role in ensuring premises meet the latest requirements.

Although the regulations primarily target non-domestic properties, they also apply to the common parts of apartment blocks, and houses in multiple occupation.

Mr Gough said: “The order imposes a duty on a "responsible person" – in other words landlords, management companies, employers, independent traders and the owners of premises – to carry out risk assessments to make sure the premises are properly equipped with appropriate precautionary measures.

“The onus is on the individual organisation to prove that adequate steps have been taken. Exactly what those steps are depends on the circumstances and takes into account factors such as the size, use and maximum number of people who may be present on the premises.”

Under the new regulations, fire authorities will no longer be required to carry out regular inspections of premises but inspectors do have powers to inspect fire prevention measures already in place and serve notices (alterations, prohibition or enforcement) requiring corrective action - sometimes regardless of cost.

If a course of action is considered unreasonable, an appeal can be made to the Office of the Secretary of State to determine the precise measures required under the legislation. Where a notice has been served, it is possible to appeal to the magistrates’ court within 21 days to either modify or cancel it. Alterations and enforcement notices are suspended until the appeal has been decided.

Mr Gough added: “The important points to remember are: where are the fire risks, who is at risk, and what steps can be taken to mitigate or remove the risk.

"Record what you do, make sure people are trained and informed, and carry out regular reviews of the safety precautions.”

For further information contact Andrew Gough on 01227 763939 or email him at ajg@furleypage.co.uk