New Residential Evacuation Duties from April 2026
The Fire Safety (Residential Evacuation Plans) introduce important new obligations for those responsible for certain residential buildings in England. Coming into force on 6th April 2026, the Regulations are intended to improve fire safety outcomes for residents who may be unable to evacuate independently due to physical or cognitive impairments.
Which buildings are affected?
The Regulations apply to “specified residential buildings” containing two or more sets of domestic premises where the building is:
- 18 meters or more in height;
- 7 storeys or more; or
- over 11 meters in height and subject to a simultaneous evacuation strategy.
A substantial number of residential buildings will therefore fall within scope, making the Regulations particularly relevant to commercial landlords and property managers.
New responsibilities for Responsible Persons
The “responsible person” under the Regulatory Reform (Fire Safety) Order 2005 must identify any “relevant residents” – residents whose ability to evacuate without assistance is compromised by a physical or cognitive impairment and for whom the property is their main residence.
Where a relevant resident is identified, the responsible person must offer a person-centred fire risk assessment (PCFRA). This assessment considers the individual’s evacuation needs and identifies measures that could reduce risk in the event of a fire.
Evacuation measures and individual plans
Following a PCFRA, the responsible person must implement any reasonable and proportionate mitigating measures identified. The cost of such measures may be met by the responsible person, shared between residents where appropriate, or borne by the relevant resident.
The evacuation approach should be agreed with the resident and recorded in an emergency evacuation statement, which must be provided to the resident and reviewed at least annually or when circumstances change.
Planning at building level
In addition to individual arrangements, the Regulations require a building emergency evacuation plan (BEEP) to be prepared. This must include evacuation instructions, confirmation of whether relevant residents are present, and details of any additional evacuation arrangements.
The BEEP must be shared with the local fire and rescue authority and, where applicable, stored in a secure information box within the building.
Managing legal and regulatory risk
Responsible persons should also be mindful of their obligations under the Equality Act 2010, particularly the duties to avoid discrimination and to make reasonable adjustments for disabled residents. Failures in this area may give rise to significant compensation claims, including awards for injury to feelings under the Vento guidelines.
The collection and use of resident information will also engage UK GDPR requirements. As the data involved is likely to be highly sensitive, robust systems must be in place to ensure lawful processing and secure storage.
Conclusion
The Regulations represent a significant shift towards more personalised evacuation planning in higher-risk residential buildings. With the implementation date approaching, responsible persons should begin preparing now to ensure compliance and reduce legal exposure well ahead of April 2026.
If you would like advice on regulatory compliance, reviewing evacuation arrangements or assessing potential construction litigation exposure ahead of April 2026, please contact Peter Hastings at peter.hastings@rogers-norton.co.uk