The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 will come into force on 6 April 2026, introducing mandatory fire safety requirements for many residential buildings across England.
As the implementation date approaches, the Responsible Person (RP), typically building owners, managing agents, and Resident Management Companies, must ensure they are prepared to meet their new legal obligations and avoid significant liability.
These changes will affect a wide range of residential sectors, including Build to Rent (BTR), PBSA, social housing, leasehold blocks, PRS, and specialist supported housing.
Which Buildings and Residents Are Affected?
The Regulations apply to “specified residential buildings” containing two or more domestic premises that meet either of the following criteria:
- At least 18 metres high or seven storeys or more
- More than 11 metres high and operating a simultaneous evacuation strategy (where all residents are expected to evacuate immediately in a fire)
The duties focus on ‘relevant residents’, individuals whose ability to evacuate independently is compromised by a physical or cognitive impairment, and for whom the building is their principal residence.
New Legal Requirements for Responsible Persons
From 6 April, RPs must:
Identify Relevant Residents: Use ‘reasonable endeavours’ to identify residents who may struggle to evacuate without assistance.
Offer Person Centred Fire Risk Assessments (PCFRAs): Provide tailored assessments to understand each resident’s specific risks and evacuation needs.
Implement Mitigating Measures: Introduce ‘reasonable and proportionate’ adjustments or equipment to support resident safety.
Document Evacuation Plans: Prepare:
- Emergency evacuation statements for relevant residents
- A building wide Building Emergency Evacuation Plan (BEEP)
Liaise with Fire & Rescue Services: With resident consent, share key information, including location and level of assistance required, and store it securely in an on site information box.
Key Risks and Compliance Pitfalls
Data Protection
PCFRAs involve highly sensitive “special category” health data. RPs must ensure GDPR compliant handling, explicit consent, and secure storage.
Equality Act Risks
Charging residents for mitigations or failing to identify relevant residents may lead to discrimination claims under the Equality Act 2010, including damages for injury to feelings.
Cost and Leasehold Challenges
Mitigation costs can only be recovered through service charges where:
- They benefit the majority of residents, and
- The lease permits it. Otherwise, disputes may escalate to the First tier Tribunal.
How Potter Raper Can Support Your Compliance
With the Regulations coming into force on 6 April, Potter Raper can support clients in preparing for the new requirements and ensuring ongoing compliance across all residential sectors.
Portfolio Reviews and Compliance Strategy
We assist clients in understanding which buildings fall within the scope of the Regulations and help establish a clear, practical approach to meeting the “reasonable endeavours” requirement for identifying relevant residents.
Support with Person‑Centred Fire Risk Assessments (PCFRAs)
Our team can support the PCFRA process by helping structure resident engagement, ensuring risks are appropriately identified, and confirming that outcomes are proportionate and aligned with wider building safety obligations.
Advice on Mitigation Measures
We provide technical advice on potential mitigation options, helping clients understand what is reasonable, proportionate, and compatible with existing fire safety strategies and compartmentation.
Evacuation Documentation and BEEP Support
We assist in preparing and reviewing Building Emergency Evacuation Plans (BEEPs) and individual emergency evacuation statements, ensuring they are clear, compliant, and consistent with the building’s Fire Risk Assessment.
Fire and Rescue Service Liaison
We support clients in understanding the information‑sharing requirements, preferred formats, and the practical arrangements for secure information boxes.
Cost and Leasehold Considerations
We provide guidance on the funding of mitigation measures, including service charge recoverability and potential alternative funding routes, helping clients navigate the complexities of leasehold arrangements.
Next Steps
For more information on how we can support you, please visit our Health, Safety and Environmental Services page here.
You can also contact us directly at: info@potterraper.co.uk
