It has been almost a decade since the Grenfell tragedy, yet the Government’s sweeping reforms promise have only just shifted their focus from residential buildings to their occupants. Residential PEEPs are due to come into force on 6 April 2026, but what do you need to know?
If you are a building owner or manager, you might also be the “Responsible Person” (RP) under the Regulatory Reform (Fire Safety Order) 2005. If so, you now have new legal duties to engage with the residents of the premises for which you are responsible and who may have special needs to assist their evacuation in the event of a fire.
The PEEPs regime will apply to your building if:
- It contains two or more flats; and
- It is 18 metres in height or higher (7 storeys or more); or
- It is over 11 metres in height and operates a “simultaneous evacuation strategy”, meaning it does not have a “stay put” policy in the event of a fire.
PEEPs are designed to focus attention on residents who would have difficulty evacuating without assistance. These difficulties may be due to reduced mobility, sensory impairment or a cognitive condition.
However, the entire process is consent-based. Residents are not required to declare vulnerabilities and are not bound to engage with PEEPs. This is their choice.
What the RP must do:
- Use reasonable endeavours to identify vulnerable residents, but you cannot force or compel disclosure or make assumptions. You must provide accessible information and give the residents the opportunity to discuss their specific needs.
- Offer a person-centred fire risk assessment (PCFRA), aimed at focusing on the individual’s needs. It does not replace the FRA for the building.
- Consider reasonable and proportionate measures which may reduce the risk for that resident. The regulations are clear that these must be compatible with existing leaseholder rights. Consideration is also made as to who should pay for any adaptations. Broadly, if a modification is for the benefit of all residents, the costs may be included within the service charges. If it is specific to one resident, it is expected that resident will be responsible for costs.
- Record an emergency evacuation statement, setting out in writing what the resident will do in the case of an emergency.
- Share information with Fire and Rescue Services with the resident’s explicit consent (provided it complies with GDPR).
- Review the PEEPs at least every 12 months, or sooner if there is a change in circumstances.
The onus lies with the RP to start this process, not with the residents.
As with every aspect of the Building Safety Act 2022, the PEEPs regime contains traps for the unwary and the above is only a brief overview.
We will be hosting a webinar titled ‘Building Safety Act: Practical Issues and Emerging Risks‘, discussing what has been highlighted in this article and more. To find out more information about the event, please see here.
If you own or manage a relevant building, do get in touch so that we can guide you through these new requirements. You can contact us on 0345 646 0406 or fill in our online enquiry form and a member of the team will be in touch.