What the Property Industry Gets Wrong About Fire Safety

Why Misconceptions About Fire Safety Are Costly

The UK property industry — developers, investors, managing agents, and freeholders — operates with a surprising number of persistent misconceptions about fire safety. These misconceptions are not trivial: they lead to buildings that are inadequately documented, transactions that stall, leaseholders who cannot sell their homes, and in some cases, buildings that present a genuine risk to their occupants. Understanding what the property industry gets wrong about fire safety — and why — is the first step to making better decisions.

Misconception 1: A Fire Risk Assessment Is Sufficient

The most widespread misconception in the property industry is that having a fire risk assessment in place means fire safety is covered. A fire risk assessment — required under the Regulatory Reform (Fire Safety) Order 2005 — addresses the management of fire risk in an occupied building. It does not document the building's fire safety design, does not verify that the compartmentation is intact, and does not constitute evidence that the building was built in accordance with fire safety regulations.

For higher-risk buildings, the Building Safety Act 2022 requires a building safety case that includes a fire strategy — a separate and more fundamental document. Many freeholders who believe their fire safety obligations are met by annual fire risk assessments are unaware that they also need a fire strategy and, for buildings over 18 metres, a building safety case report registered with the Building Safety Regulator.

Misconception 2: The Building Passed Building Control, So It Must Be Fine

The fact that a building received building control approval does not mean its fire safety is adequate under current standards or that the building was constructed in accordance with the approved design. Building control approval certifies that the design, as submitted, meets the applicable regulations at the time of approval. It does not verify construction quality, it does not guarantee that the compartmentation was installed correctly, and it reflects the standards of the time — which may be significantly less stringent than current requirements.

For buildings constructed in the 1980s and 1990s, the standards applicable at the time of construction were considerably less demanding than those now required for higher-risk buildings. A building that lawfully passed building control in 1992 may have significant fire safety deficiencies by current standards.

Misconception 3: Fire Doors Are Being Maintained If the Hinges Work

Many managing agents and freeholders believe that fire doors are being adequately maintained if the door opens and closes. In reality, a fire door's fire-resisting function depends on a combination of elements: the door leaf itself, the frame, the intumescent strip (which expands in fire to seal the gap), the smoke seal, the self-closing device, and the ironmongery. A fire door with a working hinge but a missing intumescent strip, a defective closer, or a damaged seal is not performing its fire safety function.

For buildings over 11 metres, the Fire Safety (England) Regulations 2022 require quarterly inspection of fire doors in common parts and annual inspection of flat entrance doors. These inspections must check all components, not just whether the door opens and closes.

Misconception 4: EWS1 Only Applies to Buildings with ACM Cladding

The EWS1 process was introduced in response to the Grenfell Tower fire and ACM cladding concerns, but it applies to a much wider range of buildings than just those with ACM cladding panels. RICS guidance requires EWS1 for any residential building with cladding, render over insulation, or combustible balconies — regardless of height, and regardless of whether the specific materials used were involved in any historical fire incident. Many freeholders of buildings with render systems or EWIS facades have been surprised to find that their buildings require EWS1 assessments.

Misconception 5: The Building Safety Act Only Applies to New Buildings

The Building Safety Act 2022 applies to existing higher-risk buildings as well as new ones. All existing buildings over 18 metres with at least two residential units must be registered with the Building Safety Regulator, must have a building safety case, and must meet the ongoing obligations of the Act. The registration deadline for existing buildings was 1 April 2024. Many freeholders remain unaware of these obligations.