It's easy to see why flat roofs are a popular design choice, not just for plant and HVAC equipment but renewable energy infrastructure and more green, social spaces. The additional space that flat roofs provide is invaluable, especially in congested urban areas where space is at a premium. However, flat roofs should be built following recognised best practices and regulations to ensure safety and full compliance—whatever their purpose.
Just like any other area of a building, flat roofs are susceptible to fire damage. In the event of a fire, whether deliberate or otherwise, liability can fall on stakeholders throughout the construction process. Roof fires can take hold either from localised fire spread or by originating on the roof itself. The likelihood of a fire starting on a roof can be dependent on the chosen function of the roof, making fire protection an important consideration at the design stage.
Key stakeholder roles for fire safety
In England, the recently introduced Building Safety Act 2022 outlines new, clearly defined Dutyholder roles, with a specific focus on fire safety. However, according to the 2024 Building Safety Act White Paper by NBS, only 29% of building professionals state they are ‘very clear’ on the types of projects that fall within the scope of the Act1. Moreover, only 52% of architects are said to understand the responsibilities of the duty holders for Higher Risk Buildings (HRBs).
The Act outlines Dutyholder roles across the construction supply chain, including the client, designer, principal designer, and contractors working on the project. While each role has specific responsibilities outlined within the Act, this new legislation states that Dutyholders will have legal obligations connected to their job roles, and failure to meet these obligations will be deemed a criminal offence under Section 35 of the Building Act 1984.
For HRBs – broadly, any building in England at least 18 metres or seven storeys high with two or more dwellings – the Act also brings in a new ‘Accountable Person’ role. This is an individual or corporate entity, an external client, landlord, freeholder, a management/right-to-manage company or commonhold association with obligations for higher-risk buildings when occupied.
Accountable Persons either own or have legal obligations to ensure the safety and good repair of common areas of the building, which include:
- Corridors
- The entrance area
- Landings and staircases
- Overall structure
- Exteriors (including balconies)
- Other parts of the building not covered by the Regulatory Reform (Fire Safety) Order
Furthermore, it is not a valid defence for a defendant to claim they have followed acceptable practices at the time of construction2.
