As your local fire and rescue authority we visit premises to check the fire risk assessment and fire prevention measures are appropriate. Our inspecting officers should help you understand the rules and comply with them.
They can also take action if they think your fire safety measures aren’t adequate. For example, they might issue an informal notice suggesting safety measures. They could also give you a formal fire safety notice which will tell you what is required to comply with the notice.
Alterations notice
You could get an alterations notice if your premises has high safety risks or will have high safety risks if the use of the premises changes.
Enforcement notice
You could get an enforcement notice if we, as the fire and rescue authority, find a serious risk that’s not being managed. It will say what improvements are needed and by when.
Prohibition notice
These take effect immediately if we, as the fire and rescue authority, think the fire risk is so great that access to your premises needs to be prohibited or restricted.
Prosecution
In some cases, the inspecting officer may consider that it is also necessary to initiate a prosecution for failing to comply with fire safety law.
Appeals
You may be able to arrange an informal review with us if you disagree with the decision to issue a fire safety notice. You can appeal to your local magistrates’ court within 21 days of receiving a notice.
In certain circumstances, you and us, as the fire and rescue authority, can ask the Communities' Secretary for help to resolve a dispute through a ‘determination’.
Penalties
You could be fined or go to prison if you don’t follow fire safety regulations.
Penalties for non-compliance can have unlimited fines and up to two years in prison.
The details of any enforcement action we have taken, in line with our statutory responsibilities, will be displayed on the National Enforcement Registers.
Remediation orders
The Fire Safety Act 2021 clarifies that the Regulatory Reform (Fire Safety) Order 2005 covers the external walls of multi-occupied residential buildings, which means enforcement notices may include requirements that the Responsible Person (RP) must undertake works to remove unacceptable safety risks from flammable cladding within a specified period.
For residential buildings of 11 metres in height and above, the Building Safety Act 2022 (the BSA) further enables fire and rescue authorities, local authorities and leaseholders to seek orders from the First-Tier Tribunal to compel those responsible to remediate historical fire safety defects within a specified period (a remediation order) and to prohibit them from passing on the costs of remediation works to residents (a remediation contribution order).
Further guidance can be found at Guidance on the use of remediation orders (GOV.UK).
Supporting documents
Our Policies regarding fire safety, enforcement, appeals, and prosecution and cautions can be viewed on request as these documents are currently undergoing review.
For complaints, please follow the WSCC Complaints procedure.