The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025

Part 2 sets out the residential personal emergency evacuation plan process. 

It makes provision requiring the responsible person (defined in article 3(b) of the Fire Safety Order in relation to specified residential buildings) to identify residents with cognitive or physical impairments that may affect their ability to evacuate a building in the event of a fire (regulation 5) and to undertake a person-centred fire risk assessment for any such resident that requests it (regulation 6). 

Regulation 5 explained: The responsible person in relation to a specified residential building must use reasonable endeavours to identify relevant residents of that building. This is open to interpretation, however a competent fire risk assessor will be able to specify what “reasonable endeavours” should look like depending on building height, risk level, complexity, evacuation (if above 18m and/or 7 storeys) and occupancy demographic.

Commencement Information

Reg. 5 in force at 6.4.2026, see reg. 1(2)

In simple terms Regulation 6 explains that an RP must perform a Person-Centred Fire Risk Assessment. This means:

• The responsible person for a specified residential building must:
  1. Offer a person-centred fire risk assessment to each resident identified under regulation 5.
  2. Ensure such an assessment is carried out for any resident who requests one.
• A person-centred fire risk assessment considers:
  1. Risks to the resident due to any difficulty they may have evacuating without assistance in a fire.
  2. Other risks relating to the building, taking into account the resident’s cognitive or physical impairments or conditions.

Commencement Information

Reg. 6 in force at 6.4.2026, see reg. 1(2)

It also makes provision relating to measures to mitigate any risks identified (regulation 7) and for the responsible person to agree with the resident an emergency evacuation statement (regulation 8).

In simple terms Regulation 7 explains how to regulate; Mitigation of Risks

• After a person-centred fire risk assessment, the responsible person must discuss with the resident and then:
  1. Implement any reasonable and proportionate safety measures where the costs are paid by the responsible person or shared by the residents (but shared only if it benefits most residents).
  2. Implement measures paid for by the resident if it is reasonable and proportionate, but the responsible person does not have to act unless the resident covers the cost.

Commencement Information

Reg. 7 in force at 6.4.2026, see reg. 1(2)

Regulation 8 explains that the RP must record and create an Emergency evacuation statement.

The responsible person must, taking into account the risks identified in the person-centred fire risk assessment and any mitigating measures that are to be implemented under regulation 7—

(a)use reasonable endeavours to agree with the relevant resident the approach to the resident’s evacuation in the event of a fire, and

(b)where the approach is agreed—

(i)record the approach in a statement in writing (an “emergency evacuation statement”), and

(ii)provide the relevant resident with a copy of the emergency evacuation statement.

Commencement Information

Reg. 8 in force at 6.4.2026, see reg. 1(2)

Regulation 9 provides for review of the person-centred fire risk assessment, mitigating measures and emergency evacuation statement. 

In simple terms Regulation 9 regulates the review process of person centred risk assessments by the Responsible Person/s.

• After a person-centred fire risk assessment, the responsible person must review:
  1. The assessment itself,
  2. Any mitigating measures required under Regulation 7, and
  3. Any emergency evacuation statement for the resident.
• Following the review, the responsible person must, where needed:
  1. Update the fire risk assessment,
  2. Implement any further mitigating measures,
  3. Update or withdraw an emergency evacuation statement, or
  4. Repeat steps from Regulation 8 if no approach was previously agreed.
• Reviews must be carried out:
  1. Within 12 months of the initial assessment or emergency evacuation statement, and
  2. Every 12 months thereafter.
• Reviews must also be done sooner if:
  1. There is reason to believe the assessment or evacuation statement needs changing, or
  2. The resident reasonably requests it.
• If an early review is carried out, it resets the 12-month review schedule from the date of that review.

Commencement Information

Reg. 9 in force at 6.4.2026, see reg. 1(2)

Regulation 11 provides for the responsible person to conduct the process with the relevant resident’s representative in specified circumstances.

 In essence this regulation assists to define what a Relevant Resident’s Representative is. In certain regulations, a reference to a relevant resident also includes their representative.

• This applies to:
  1. Regulation 6(1)(b) – making a request for a fire risk assessment
  2. Opening words of Regulation 7(1) – implementing mitigating measures
  3. Regulation 8 – agreeing emergency evacuation approaches
  4. Regulation 9(4)(b) – requesting a review
  5. Regulation 10(2) – giving consent to share information with the fire service
• A relevant resident’s representative is:
  1. A person with parental responsibility, or
  2. Where the resident lacks capacity, someone who is:
     • Attorney under a registered enduring power of attorney,
     • Donee of a lasting power of attorney, or
     • Deputy appointed by the Court of Protection
• Key definitions:

• • Parental responsibility is as defined in section 3 of the Children Act 1989.
  • A resident lacks capacity as defined in section 2 of the Mental Capacity Act 2005.

Commencement Information

Reg. 11 in force at 6.4.2026, see reg. 1(2)

Regulation 12 clarifies that the duties and powers imposed and conferred by the Regulations must be exercised in accordance with data protection legislation.

 In essence this regulation applies to any duty or power to process information under these Regulations.

Nothing here overrides data protection law: the Regulations do not require or allow processing information in a way that would break data protection legislation.

However, the duties or powers under these Regulations should be considered when deciding whether processing information complies with data protection law.

Data protection legislation has the same meaning as in section 3 of the Data Protection Act 2018.

Commencement Information

Reg. 12 in force at 6.4.2026, see reg. 1(2)