Fire safety law and offences in Scotland
Produced in partnership with Katherine Metcalfe of Pinsent Masons
Practice notesFire safety law and offences in Scotland
Produced in partnership with Katherine Metcalfe of Pinsent Masons
Practice notesFire and building safety are devolved matters. The fire safety regime in Scotland for non-domestic premises is contained primarily within Part 3 of the Fire (Scotland) Act 2005 (F(S)A 2005) and the Fire Safety (Scotland) Regulations 2006, SSI 2006/456, which govern the safe use of non-domestic premises. Non-domestic premises include:
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all workplaces and commercial premises
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all premises to which the public have access
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all types of houses in multiple occupation
The common parts of non-domestic premises are not within the scope of fire safety legislation in Scotland. This is a key difference from England where equivalent legislation, the Regulatory Reform (Fire Safety) Order 2005, applies to the common parts of residential buildings.
Building regulations impose fire safety standards for new buildings. Building regulations requirements in relation to fire safety are outside the scope of this Practice Note.
Fire safety in Scotland following the Grenfell Tower fire
Neither the Building Safety Act 2022 (BSA 2022), which received Royal Assent on 28 April 2022 and will introduce a radical
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