141.The lack of a requirement for assessments to be undertake by competent persons (under the Regulatory Reform (Fire Safety) Order 2005) was found to be a major flaw following the Grenfell Tower fire, and the Grenfell Tower Public Inquiry has recommended that all fire risk assessors should be competent. The Welsh Government’s Safer Buildings in Wales consultation proposed to rectify that. The majority of those who provided a view on competent fire risk assessors fully supported the proposal to require that only suitably qualified and experienced fire risk assessors should undertake fire risk assessments in multi-occupied residential buildings.
142.Subsection (3) provides the Welsh Ministers with a power to make regulations specifying requirements that an individual or body must satisfy to be regarded as a “competent person”. The requirements may include having particular qualifications, memberships or accreditations.
143.For example, regulations could require an individual to hold particular qualifications in fire safety or to be a member of an appropriate professional body. As another example, regulation could require companies that employ fire risk assessors to be accredited under a particular recognised scheme.
144.Subsection (5) provides that a person who makes a fire risk assessment under section 29 who is not a competent person commits an offence. If the principal accountable person knew, or ought reasonably to have known, that the person was not a competent person they also commit an offence.
145.If a person is found guilty of an offence under subsection (5) in a magistrates’ court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 12 months (which is the “applicable limit” set out in section 224(1A) (b) of the Sentencing Code, contained in the Sentencing Act 2020 (c. 17)).
146.If a person is found guilty of an offence under subsection (5) in the Crown court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 2 years.
147.A person who offers to carry out a fire risk assessment, when they are not a competent person commits an offence (subsection (7)). This offence would be tried in a magistrates’ court. If a person is found guilty of the offence the court may impose a fine (subsection (8)). There is no maximum limit on the amount of the fine.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Fire safety risks in regulated buildings Section 30 - Requirement for fire risk assessment to be made by competent person