Review of Approved Document B: Fire Safety - 4. Clarification of applicability of Approved Document B for existing buildings - Health and Safety Executive

4. Clarification of applicability of Approved Document B for existing buildings

Approved Document B proposed updates Approved Document B proposed updates

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4. Clarification of applicability of Approved Document B for existing buildings

Section 0 of Approved Document B provides insight on when the guidance within the document should apply. The introduction of the Building Safety Act 2022, and the wider updates to the Regulatory Reform (Fire Safety) Order 2005 through the Fire Safety Act 2021 brought the need for some additional clarifications to be made to this section of the guidance.
These changes will build upon and consolidate clarifications delivered through circular letters and Approved Document B FAQs 11 and 26. The new text aims to provide improved clarity and allow industry to meet reasonable expectations of fire safety, aligning with the fire strategy, fire safety management plan, and fire risk assessment, in existing buildings when new building work is carried out. This will further meet the need to make the building application process uniform and streamlined across the board.

Existing buildings 

Building work in an existing building must comply with the relevant requirements of the Building Regulations.

Regulation 4(3) of the Building Regulations states the following:

(3) Building work shall be carried out so that, after it has been completed—

(a)any building which is extended or to which a material alteration is made; or (b)any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or

(c)any controlled service or fitting,

complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.

When meeting these requirements, consideration should be given to the impact the building work has on the level of safety of the existing part of a building. The modified parts of the premises or parts of the existing building may need to be upgraded to ensure that the level of safety of the existing part is not lowered. What may appear to be a minor modification can introduce new risks and significantly affect the level of safety in the building. Dutyholders should therefore assess the broader implications of the work, including its interaction with existing fire safety measures.

Dutyholders should consider the content of the fire risk assessment required by the Regulatory Reform (Fire Safety) Order 2005 when setting the scope of the building works. In some buildings, the fire risk assessment may highlight levels of safety which although met standards at the time of construction are now lower than contemporary standards. When planning building works dutyholders should consider if improvements to the current fire safety measures of the building are proportionate under the Regulatory Reform (Fire Safety) Order 2005. This can support the alignment of the fire strategy, fire safety management plan, and fire risk assessment into a coherent and proportionate set of measures. Regardless of the minimum requirements of the Building Regulations, there is merit in providing additional fire protection throughout the building where reasonably practicable.

Question 5: Do you agree that the proposed text improves clarity and encourages alignment with the fire strategy, fire safety management plan, and fire risk assessment?

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Question 6: Do you have views on the content, structure, and style of the proposed text?

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Consultation Stage Impact Assessment

BSR sees this change as a clarification of existing expectations and our analysis has showed that there will not be a cost impact to industry by implementing this clarification.

Expected benefits of this change may be reduced design time, improved compliance, and improved safety levels in existing buildings which undergo building work.

Question 7: Do you have views on what impact this text may have on industry?

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Question 8: Do you have views on potential benefits of the change?

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