An Introduction to Key Smoke Control Legislation

Here in the UK, there is a wide range of legislation which can apply when designing, installing, commissioning, operating and maintaining smoke control systems. This can make it confusing to understand which standards apply to a particular project or set of works, and how they relate to compliance. As a reference point, in this article, we’ve summarised some of the most commonly mentioned standards.

Part B of the Building Regulations

The Building Regulations and Standards set requirements for specific aspects of building design, construction, extension and repair/renovation which all buildings must comply with. Control of the Building Regulations is devolved so there are separate regulations in England, Scotland, Wales and Northern Ireland:

• England - The Building Regulations 2010
• Wales - The Building Regulations 2010
• Scotland - The Building (Scotland) Regulations 2004
• Northern Ireland - The Building Regulations (Northern Ireland) 2012

In the English and Welsh Building Regulations, the requirements are set out in Schedule 1 with specific guidance on fire safety contained in Part B. In Scotland they are set out in Schedule 5 with specific requirements on fire safety contained in Section 2: Fire. In Northern Ireland they are contained in Part E.  

Approved Document B and Technical Handbook - Section 2 Fire

In each country, the Building Regulations are supported with technical guidance documents which provide practical, specific guidance on how to comply with the Building Regulations when undertaking works. These are known as the Approved Documents in England and Wales, the Technical Handbooks in Scotland and Technical Booklet E in Northern Ireland.

Specific guidance on fire performance is contained in the following documents:

• England - Approved Document B
• Wales - Approved Document B
• Scotland - Technical Handbook Section 2 (Fire) (Domestic) (Non-Domestic)
• Northern Ireland - Technical Booklet E - Fire Safety + AMD 9

Building Safety Act

The BSA is a legislative framework designed to ensure the safety of both new and existing buildings in England by establishing new oversight bodies, processes and roles and responsibilities for all stages in a building’s life. Developed in response to the Grenfell Tower tragedy, the act became law on 28^th April 2022.

The Act is supported by several pieces of secondary legislation which further define its operation. This means that implementation of its provisions is being phased in over several years.

This legislation established a number of key elements including:

• Defining a category of Higher Risk Buildings (HRBs) which are

  • At least 18 metres in height or has at least 7 storeys, AND
  • Contains at least 2 residential units or is a hospital or care home
• Establishing the Building Safety Regulator to oversee all construction and extension works on HRBs.
• Laying out a new planning process for HRBs requiring them to pass through three Gateways where specific information is to be supplied to and approved by the BSR. This information forms part of the Golden Thread of information about a project — allowing accountable persons and duty holders to make informed decisions about a building.

Certain aspects of the Act also apply in Wales, however, the Welsh Government is implementing its own regime. This is set to be laid out as part of the Building Safety (Wales) Bill. Additionally, a separate definition of HRBs also applies in Wales under The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023, which defines them as being:

• At least 18 metres in height or having at least 7 storeys; And containing
• one residential unit, a hospital with at least one bed intended for overnight stay, a care home or a children’s home.

In Scotland, only some limited aspects of the Act apply, such as regulations around construction products. The Scottish Government is currently developing its own legislation.

Regulatory Reform (Fire Safety) Order 2005 (RR(FS)O)

This is a statutory order which applies in England and Wales and defines specific duty holders including a Responsible Person who is responsible for carrying out a fire risk assessment and ensuring that these risks are limited as much as possible. This includes ensuring that smoke control system provisions are sufficient and that they are properly inspected and maintained. In Scotland, these are contained in the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006.

The scope of the RR(FS)O has been extended since it was introduced through further pieces of legislation:

• Fire Safety Act 2021 - this clarifies that the scope of the RR(FS)O extends to the building structure, external walls and entrance doors between domestic areas and common parts of a multi-occupancy building.

• Fire Safety (England) Regulations 2022 - this sets out additional duties for building owners and Responsible Persons including:

  • Providing fire and rescue services with up-to-date floor plans and information about the external wall constructions and any risks associated with these.
  • Undertaking monthly checks on firefighting and evacuation lifts
  • Providing residents with relevant fire safety instructions including the evacuation strategy and information on the importance of fire doors.

Fire (Scotland) Act 2005

The Fire (Scotland) Act consolidates several existing pieces of legislation setting out general requirements on fire safety. The Act also defines duty holders which are equivalent to the Relevant Persons within the RR(FS)O in England and Wales and must conduct fire risk assessments.

More specific guidance on the role and responsibilities of duty holders is provided in the Fire Safety (Scotland) Regulations 2006.

Fire Safety Regulations (Northern Ireland) 2010

Alongside The Fire and Rescue Services (Northern Ireland) Order 2006, this legislation defines the role of an “appropriate person”. As with the Responsible Person and duty holders in England, Scotland and Wales, these individuals are responsible for carrying out fire risk assessments and ensuring that fire and smoke safety equipment is properly maintained and in good working order.

Colt – Here to support compliance

With decades of experience designing, manufacturing, installing and maintaining smoke control systems, Colt can help to ensure your project meets best practice requirements and is fully compliant with relevant regulations.

Our expert design team can develop a smoke control solution which is tailored to your building, using our wide range of smoke control solutions. We work on projects of all scales, from schools and manufacturing sites, to high rise offices and multi-residential properties.

We also operate an extensive network of experienced smoke control service engineers across the UK. Our service team can work with you to develop a tailored maintenance plan for your building or estate, ensuring effective and proactive maintenance of all systems – regardless of who manufactured or installed them.