The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 come into force on 6 April 2026, implementing key recommendations from Phase 1 of the Grenfell Tower Inquiry.

For mental health charities, supported living and care home providers in particular, these regulations present both opportunities and challenges. They introduce substantial new legal obligations that could expose organisations to criminal liability if not properly implemented.

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Which buildings are affected?

Under Regulation 3(1), the regulations apply to "specified residential buildings" containing two or more sets of domestic premises that meet any of the following criteria:

  • Buildings at least 18 metres in height above ground level;
  • Buildings with at least seven storeys; or
  • Buildings more than 11 metres in height with a simultaneous evacuation strategy

Many purpose-built care homes and supported living facilities will fall within this scope, particularly newer developments.

Who are "relevant residents"?

Under Regulation 4, the regulations specifically target "relevant residents" - individuals whose ability to evacuate without assistance is compromised due to cognitive or physical impairments. This includes residents with:

  • cognitive impairments or substance dependencies affecting decision-making during emergencies,
  • mental health conditions that may impair response to evacuation instructions,
  • physical disabilities requiring assistance with mobility,
  • medication effects that could slow evacuation responses,
  • dementia and other neurodegenerative conditions.

    • (Note: temporary respite care may not be covered, but permanent supported housing typically will be.)

What are the core obligations for responsible persons?

Identification duties

Under Regulation 5, responsible persons must use "reasonable endeavours" to identify relevant residents within their buildings.

You must systematically review existing care assessments and support plans, medical information relevant to evacuation capability, previous incidents or concerns about emergency response, input from care staff familiar with individual residents, and consider regular reassessment as conditions change.

Person-centred fire risk assessments (PCFRAs)

Regulation 6(1) requires responsible persons to offer a person-centred fire risk assessment for each relevant resident identified under Regulation 5, and to ensure a PCFRA is carried out for each relevant resident who requests one.

PCFRAs assess individual evacuation risks arising from compromised ability to evacuate and other risks related to the resident's impairments.

Mitigation measures

Following a PCFRA, you must implement reasonable and proportionate mitigation measures.

Cost allocation:

  1. Costs borne by the responsible person or shared among residents:
    • Improvements benefiting the majority of residents
    • Structural modifications to common areas
    • Enhanced detection systems
    • Staff training programmes
  2. Potential resident costs:
    • Individual assistive devices
    • Personal communication equipment
    • Room-specific modifications
    • Personalised alarm systems

(Note: resident-funded measures can only be implemented if residents actually pay the costs. This creates potential challenges for care providers where residents have limited financial resources.)

Emergency evacuation statements

You must work with residents to agree personalised evacuation approaches, considering PCFRA risks and mitigation measures.

Agreed approaches must be recorded in written "emergency evacuation statements".

Review requirements

All PCFRAs, mitigation measures, and evacuation statements must be reviewed:

  • no later than 12 months after the emergency evacuation statement was first recorded, or where no approach was agreed, after the PCFRA was completed, with subsequent reviews before the end of every 12-month period thereafter,
  • if there is reason to believe the PCFRA or emergency evacuation statement requires amending, or
  • at the reasonable request of the relevant resident.

Information sharing with fire authorities

You must provide fire authorities with basic information about each relevant resident (flat/floor number, assistance required, evacuation statement status). Crucially, explicit resident consent is required before sharing information.

Is there any guidance?

The Ministry of Housing, Communities and Local Government published comprehensive guidance on 4 July 2025, including three key resources that providers should utilise:

  • Residential PEEPs factsheet
  • Responsible persons toolkit
  • Impact assessment

What do mental health charities and care providers need to know about the new Regulations?

Capacity and consent issues

Mental health charities face particular challenges around capacity and consent. Regulation 11   provides for representatives acting on behalf of residents (for example, to request PCFRAs, or to consent to information sharing requests) who may lack capacity.

The capacity test applies the principles of section 2 of the Mental Capacity Act 2005, meaning a relevant resident lacks capacity if they cannot make decisions about the specific fire safety matters in question. Capacity assessments must recognise that capacity is decision-specific and can fluctuate.

Confidentiality and information sharing

Mental health charities also often hold sensitive personal information about residents' conditions and treatment. Organisations should develop clear policies addressing how to explain information sharing to residents with mental health conditions and procedures for cases where residents refuse consent.

Integration with care planning

Care providers are already required to conduct comprehensive care assessments under the Care Act 2014 and associated regulations. Providers should ensure that care plans explicitly address fire evacuation needs identified through PCFRAs, staff training covers both care and fire safety, and reviews cover changing evacuation capabilities.

Staffing and training implications

Care providers must ensure adequate staffing levels to implement emergency evacuation statements effectively under Regulation 8. This may require additional training for existing staff on fire safety procedures, recruitment of staff with specific emergency response capabilities, development of staff rotation systems ensuring trained personnel are always available to support evacuation procedures, and regular drills and scenario-based training exercises.

Family and advocate involvement

Care home residents often have family members or advocates involved in their care decisions. Under Regulation 11, these individuals may qualify as representatives in certain circumstances. Providers should include relevant family members in fire safety planning discussions where appropriate under Regulations 7 and 8, provide clear information about evacuation procedures to families and establish communication protocols for emergencies.

Building emergency evacuation plans

Beyond individual planning, Regulation 13(1) requires responsible persons to prepare an evacuation plan for the building in the event of a fire, called a "building emergency evacuation plan," provide a copy to the local fire and rescue authority, and where the building has a secure information box, place a copy in that box. Plans must be reviewed annually and after any changes, with updated copies provided to fire authorities.

Financial planning

Budget for professional fire risk assessments, staff time, administrative costs, and training expenses. Potential mitigation costs include enhanced detection systems, communication equipment, structural modifications, and additional staffing. Where measures benefit the majority, costs can be shared among residents.

What do you need to do before April 2026?

Organisations should begin with audit and assessment activities utilising the MHCLG guidance package published on 4 July 2025 to support this process. This involves reviewing all residential buildings to determine whether they fall within the scope of Regulation 3, conducting preliminary identification of relevant residents as required by Regulation 5, and assessing current fire safety arrangements against the new requirements under Regulations 6, 7, 8, and 13.

Policy development represents another crucial area of preparation. Organisations must develop procedures for conducting PCFRAs under Regulation 6, establish consent and capacity assessment processes to comply with Regulations 10(2) and 11, create templates for emergency evacuation statements as required by Regulation 8, and review and update data protection policies to ensure compliance with Regulation 12.

Staff preparation forms the third pillar of immediate action. This includes providing training on new regulatory requirements across Regulations 5-13, developing competency frameworks for fire safety responsibilities, and establishing reporting and escalation procedures informed by the MHCLG guidance on engaging with relevant residents.

What are the ongoing requirements?

Regular reviews form the backbone of ongoing compliance under Regulation 9. These encompass annual review of all emergency evacuation statements as required by Regulation 9(3), ongoing identification of new relevant residents under Regulation 5, assessment of changing resident needs and capabilities, and updates to building emergency evacuation plans under Regulation 13(3).

Documentation and record-keeping requirements support various regulatory obligations. Organisations must maintain comprehensive records of all assessments and plans under Regulations 6, 8, and 13, document consent decisions and capacity assessments under Regulations 10(2) and 11, keep evidence of mitigation measure implementation under Regulation 7, and preserve correspondence with fire and rescue authorities as required under Regulations 10 and 13.

What if it you don't comply?

Non-compliance with these regulations constitutes a criminal offence under the Regulatory Reform (Fire Safety) Order 2005, as the new Regulations are made under Article 24 of that Order. Potential penalties include unlimited fines through the courts, up to two years' imprisonment for responsible persons, prohibition orders preventing individuals from managing residential buildings, and reputational damage affecting organisational sustainability.

Care Quality Commission (CQC) regulated mental health charities and care providers face additional regulatory scrutiny from the CQC, which may consider fire safety compliance when assessing overall service quality and safety.

How can providers prepare effectively for the new Regulations?

The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 represent a fundamental shift towards personalised fire safety planning for vulnerable residents. For mental health charities and care home providers in particular, these regulations offer an opportunity to enhance resident protection.

Success will depend on early preparation, comprehensive staff training, and integration with existing care planning processes. Organisations that approach compliance proactively and collaboratively, viewing it as an extension of their duty of care, are most likely to achieve effective implementation whilst maintaining resident dignity and choice.

To discuss the new fire safety regulations and how they may impact your organisation further, please contact Andrew Litchfield or Natalie Barton-Howes.