The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (Regulations) have introduced significant new requirements for certain residential buildings in England. Coming into force on 6 April 2026, the Regulations aim to enhance fire safety by ensuring that residents with cognitive or physical impairments are adequately supported during emergencies.
Scope of the Regulations
The Regulations apply to "specified residential buildings", which are defined as buildings containing two or more sets of domestic premises that meet one of the following criteria:
- At least 18 metres in height above ground level;
- At least seven storeys; or
- More than 11 metres in height with a simultaneous evacuation strategy.
The Regulations will therefore be of significant interest to a huge number of commercial landlords.
Key Provisions
The Regulations require the "responsible person" (as defined under the Regulatory Reform (Fire Safety) Order 2005) to identify "relevant residents" within specified buildings. A "relevant resident" is a person whose ability to evacuate without assistance is compromised due to a cognitive or physical impairment and whose domestic premises are their principal (or only) residence.
Once identified, the responsible person must offer to conduct a "person-centred fire risk assessment" (PCFRA) for these individuals. This assessment evaluates the risks posed by the resident's impairment and identifies any mitigating measures that could support their evacuation.
Mitigating Measures and Emergency Evacuation Statements
Following the PCFRA, the responsible person must implement reasonable and proportionate mitigating measures. These measures may be funded by the responsible person, shared among residents (if benefiting the majority), or paid for by the relevant resident themselves.
Where possible, the responsible person must agree with the relevant resident on an approach to evacuation and document this in an "emergency evacuation statement". This statement must be provided to the resident and reviewed annually or sooner if circumstances change.
Building-Level Requirements
In addition to individual evacuation plans, the Regulations mandate the preparation of a "building emergency evacuation plan" (BEEP) for the entire premises. This plan must include instructions for residents, confirmation of the presence of relevant residents, and details of any other evacuation arrangements. The BEEP must be shared with the local fire and rescue authority and stored in a secure information box, where applicable.
What are the Risks?
Given that the regulations primarily engage with disabled people, due consideration must also be given to the Equality Act 2010 and, in particular, the duties not to discriminate (directly or indirectly) against disabled people and the duty to make reasonable adjustments to accommodate disabled people and not to victimise or harass disabled people.
If discrimination does occur then damages for losses, including those under the Vento guidelines for injury to feelings, could be very significant.
Great care should therefore be taken as to how the information as to residents is collected, stored and how responsible persons choose to charge for the relevant mitigation measures.
Attention should also be drawn to the General Data Protection Regulation (GDPR) as the data obtained in order to comply with the Regulations will invariably be of a highly sensitive nature. This must be securely stored and the requirements of GDPR complied with.
Conclusion
The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 represent a significant step forward in addressing the needs of vulnerable residents in high-risk buildings. By requiring tailored evacuation plans and building-level strategies, the Regulations aim to improve safety and preparedness in the event of a fire. Responsible persons should act now to familiarise themselves with these requirements and ensure compliance by April 2026.
