Fire safety update for registered providers of social housing

The Regulator for Social Housing’s (“RSH”) most recent Fire Remediation Survey has identified that 1,924 of Social Housing buildings over 11m / 5 storeys high have a life critical fire safety (“LCFS”) defect relating to external wall systems (“EWS”).

In our most recent Fire Safety Update for Registered Providers, specialist fire safety lawyer, James Muller, explores what the RSH survey says about the true extent of Fire Safety issues facing the Registered Providers / Social Housing sector, as well as new Personal Emergency Evacuation (“PEEP”) requirements that came into force this week (from 5 April 2026).

RSH Fire Remediation Survey (March 2026) 

[Link to RSH report found here]

The key stats

• There are 17,010 Social Housing buildings over 11m / 5 storeys high, 30% of which are also over 18m (thus qualifying as “Higher Risk Buildings” under the Building Safety Act 2022). Private Registered Providers account for 54.5% of these, and local Authority Registered providers for 45.5%.
• 1,924 (11.4%) of Social Housing buildings over 11m / 5 storeys high have a life critical fire safety (“LCFS”) defect relating to external wall systems (“EWS”). The proportion of buildings with such defects increases to 18.1% for buildings over 18m.
• Remediation work has already commenced on just 22.3% (429) of those buildings with EWS LCFS defects, with 76.3% (1,468) expected to be remediated within the next 5 years. However, 26.7% (514) of such buildings still have incomplete or unclear plans for remediation, and 14.5% (279) of buildings are still not expected to have completed remediation in 10 years’ time!

The RSH has said it will

• continue to monitor landlord performance and progress against plans;
• follow up with landlords who are an outlier in progressing remediation work;
• follow up with landlords who reported unclear plans; and
• hold discussions with landlords on how they are mitigating the risks associated with fire safety defects.

Comment

The sheer number of LCFS defects relating to EWS in buildings above 11m, and especially those above 18m, should be of huge concern to the Social Housing sector. It is good to see that most landlords have remediation plans in place, but the fact that a quarter still do not is quite staggering. The number of works that are yet to commence is also concerning, as are the number of plans that are projected to take some considerable time to complete (in some cases over 10 years!).

Whether the RSH will seek to speed up the process by flexing its own regulatory muscles, or whether fire and rescue service and/or the building safety regulator will seek to bring enforcement action in order to do so, remains to be seen — however, Registered Providers of Social Housing should prepare themselves for such an approach in the future, and should look to ensure that all options are explored to speed up the progress of such works.

PEEPs at a glance (in force from 5 April 2026)

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

[Link to Government guidance on PEEPs found here]

The following explains the key provisions at a glance, and dutyholders should read and rely upon the full legislation and guidance only.

When do the new obligations apply?

The new PEEP requirements apply to you, as a landlord, when all of the following conditions are met:

(1) Where Applies: England only

• (2) Specified Residential Building: 
  Any building with 2+ domestic premises, which is one of:
  18m+ high; or
• 7 storeys; or
• 11m+ high and has a simultaneous evacuation strategy.

(3)    Relevant Resident:
Both of the following apply:

• the domestic premises are a person’s only or principal residence, and
• the person’s ability to evacuate the building without assistance in the event of a fire is compromised as a result of a cognitive or physical impairment or condition.
  The responsible person must use “reasonable endeavours” to identify relevant residents.

Person-centred risk assessment

You must offer to carry out a person-centred risk assessment for each Relevant Resident, and must carry one out for each relevant resident who requests one.

The person-centred risk assessment is an assessment of risks arising from the resident’s impairment/condition, including any risk arising from their compromised ability to evacuate the building without assistance in the event of a fire.

Mitigating measures

You must, following discussion with the resident, implement such mitigating measures as are reasonable and proportionate on the basis of one of the 3 following funding models: 

• you pay;
• the cost is shared by all residents, and the measure would benefit the majority of the residents;
• the cost is paid by the specific resident. 

Agree PEEP in writing and provide PEEP to resident and fire service*

You must “use reasonable endeavours” to agree an approach to the resident’s evacuation, taking into account the Person-Centred Risk Assessment and the Mitigating Measures.

You must provide a copy of this “emergency evacuation statement” to the resident in writing.

You should also give relevant information regarding the resident and the emergency evacuation statement to the fire and rescue service, * but only with the resident’s express consent to that information being provided.

Review of PEEP

The Person-centred risk assessment, mitigating measures and emergency evacuation statement must be reviewed: 

• every 12 months; or
• there is reason to believe they require amending; or
• at the reasonable request of the resident.

Children and residents lacking capacity?

Where the resident is a child or lacks capacity, you should liaise with, and seek consent from, the resident’s “Representative”, which is:

• for children — person with parental responsibility;
• for adults lacking capacity — the relevant attorney *under a lasting power of attorney) or the Court-Appointed Deputy.