Lessons from Grenfell: regulating the safety of vulnerable residents

The draft Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (the "Regulations") form part of the government's efforts to improve fire safety for vulnerable people living in high-rise accommodation following the Grenfell Tower Inquiry.

Buildings caught by the Regulations 

The Regulations apply to a building with two or more sets of domestic premises and which

• is at least 18 metres in height above ground level, has at least seven storeys, or
• is above 11 metres in height and has a strategy under which all residents must immediately leave the building if there is a fire (described as a “simultaneous evacuation strategy” in the Regulations).

Identifying relevant residents

Responsible Persons are required to identify vulnerable residents. In cases where contact is not easily established, Responsible Persons should take a reasonable endeavours approach to follow through with that identification. The final decision on whether to come forward rests with the residents themselves.

PCFRAs and mitigation measures

The PCFRA will include an assessment of the relevant residents’ accommodation and of the common parts of the building to identify risks to fire safety and to identify practical, proportionate and safe mitigations. The PCFRA must also include an assessment of the ability of the resident to leave the building should a fire occur. Following the PCFRA, the Responsible Person must not only discuss mitigation measures with the relevant resident but also identify if the resident or the Responsible Person will bear the costs of the measure, if it is one to be taken the Responsible Person, or if the cost will be included in the service charge.

Reviews

PCFRAs and the mitigation measures must be reviewed:

• within 12 months of the date of the Personal Emergency Evacuation statement or of the PCFRA if no statement was agreed and then within 12 months of each review
• if it is believed the PCFRA or statement requires updating
• if a reasonable request for review is made by a relevant resident

Information regarding relevant residents

The Responsible Person must provide the local fire and rescue authority with each relevant resident's flat and floor number, the degree of assistance with evacuation that the resident may require and inform the authority if a personal emergency evacuation statement is in place. The authority can choose to receive the information electronically or on paper in a secure information box. If the latter is chosen, the Responsible Person must install and maintain a box if one is not already present at the building.

Building Emergency Evacuation plans

Such plans must include:

• a copy of any evacuation strategy instructions for the building provided to residents 
• information regarding whether there are relevant residents and if any have a Personal Emergency Evacuation statement
• information regarding other evacuation arrangements for the building

The Responsible Person must provide a copy of the plan to the local fire and rescue authority and put a copy in any secure information box at the building. Plans must be reviewed annually and any amended version provided to the authority and placed in the box as soon as reasonably practical.

Comment

If the Regulations come into force, they will address the Grenfell Tower Inquiry’s Phase 1 recommendations relating to Personal Emergency Evacuation plans and Building Evacuation plans and will further progress the implementation of the recommendations of the Inquiry. The Regulations will impose significant new duties on Responsible Persons who must familiarise themselves with what they must do to comply and, possibly in recognition of this, the government is developing a toolkit with practical examples to assist Responsible Persons with compliance which will be published alongside Guidance relating to the Regulations. We hope the toolkit and Guidance will assist Responsible Persons with what steps they should take to demonstrate they have complied with the Regulations, particularly when taking a reasonable endeavours approach.

And finally….

We will monitor the progress of the draft Regulations as they move towards coming into force and will assist Responsible Persons by reviewing and commenting on the toolkit and Guidance once published.