Fire statements: which planning applications need one
A fire statement is required where a scheme involves a relevant building: two or more dwellings or educational accommodation, at 18 metres or seven storeys. Miss it and the application is invalid.
A fire statement planning application requirement bites when the development involves a relevant building, and the test is about height and residential or educational use rather than about complexity or risk in the abstract. Article 9A of the Development Management Procedure Order 2015 has required the statement since 1 August 2021, on the form published by the Secretary of State, and an application that should carry one and does not will be held invalid.
Architects hit this at validation, which is the worst moment to discover it, because the fire statement is not a document that can be produced in a fortnight by someone who has not been part of the design.
Where the requirement comes from
The requirement sits in the Development Management Procedure Order rather than in the Building Regulations, which is why it is a planning submission document and why the local planning authority polices it.
It came in as the planning stage of the reforms that followed the Independent Review of Building Regulations and Fire Safety. The intention is that fire safety shapes the site layout, the access arrangements and the building form at the point when those things can still change, rather than being resolved after permission when the footprint and the massing are fixed.
That intention explains the content. The statement is not a fire strategy in the Building Regulations sense. It addresses the fire safety matters that planning decisions can influence.
The definition of a relevant building
A relevant building is one that contains two or more dwellings, or educational accommodation, and meets the height test. Purely commercial buildings are outside it, however tall. A single large house is outside it, however tall.
The height test is met by a building with a storey at least 18 metres above ground level, or a building of at least seven storeys. Either limb can bring a building into scope, so a seven storey building at 17 metres is a relevant building.
There are limited exclusions in the Order for certain application types, and the wording has been amended since introduction, so read the current text rather than relying on a summary from the year it came in. A separate but connected threshold governs whether the completed building is a higher-risk building for the later gateways, and the practical consequences of crossing it are set out in our note on the higher-risk building threshold.
Height and storey counting
Most disputes about whether a statement is needed come down to measurement, and the measurement rules are not intuitive.
Height is taken from ground level to the floor surface of the top storey, not to the roof or the parapet. Certain storeys are disregarded in the count, including those consisting only of plant or machinery rooms. Where the ground slopes, the measurement point matters and needs to be recorded.
Fix this early and write it down. A scheme sitting at 17.8 metres on the first massing study is one balcony threshold adjustment away from 18.1 metres, and the document requirement follows the number rather than the intention.
| Building | Relevant building for Article 9A |
|---|---|
| Six storey block of flats, 17 metres to top storey floor | No |
| Seven storey block of flats, 17 metres | Yes, on the storey limb |
| Nine storey office building | No, not residential or educational |
| Student accommodation, 19 metres | Yes |
| Detached house of eight storeys | No, fewer than two dwellings |
What the statement has to address
The published form asks about the principles and concepts applied to the development, and the matters it covers are those a planning decision can affect.
- The site layout and how it supports fire service intervention.
- Emergency vehicle access, including route widths, turning and the distance from the appliance to the building.
- Water supplies for firefighting, including hydrant provision and pressure.
- The proposed approach to means of escape and the evacuation strategy.
- Construction method and the products intended for the external walls.
- Access and facilities within the building for firefighters.
- How the fire safety measures will be maintained once the building is occupied.
The most common weakness is a statement that describes intentions generically without engaging with the site in front of it. If the appliance route runs across a podium, say what the podium is designed to carry. If the nearest hydrant is a distance away, say so and say what is proposed. A Fire Statement that names the constraint and the response is worth more than one that recites the form's headings back at the reader. The content in detail is covered in our companion note on scope and content.
Who can prepare one
The expectation is that the statement is prepared by a person with the necessary fire engineering competence, and this is one of the report types where competence is not optional. Councils and the Health and Safety Executive both look at who authored it.
In practice that means a fire engineer with relevant registration, for example through the professional register maintained by the Institution of Fire Engineers, and with experience of residential buildings at this scale.
An AI-assisted draft can organise the structure, pull the right headings together and flag what is missing, and that is a useful way to prepare for the engineer's input. It is not a substitute for the engineer, and the finished statement must be reviewed and owned by a competent professional before submission.
Consultation with the safety regulator
Where a fire statement is required, the Health and Safety Executive is a statutory consultee on the application. That is the planning stage of the gateway regime, and the response goes to the local planning authority alongside the other consultee comments.
Build the consultation period into the programme. It runs alongside the ordinary publicity period, but a substantive response asking for further information can extend determination well beyond the statutory period, and extensions of time are routinely agreed for these schemes.
Treat the consultee response as design input rather than as an obstacle. Points raised at this stage cost far less to resolve than the same points raised when the design is being assessed for building control approval.
What happens if the statement is missing
The application is invalid. It will not be registered, the clock does not start, and the fee sits with the council while the position is sorted out.
Where an application has been submitted without one in error, the council will normally hold it pending receipt rather than refuse it. That still costs weeks, and it costs them at the point in a programme where they are hardest to absorb.
Check three things before you submit any residential or educational scheme approaching the threshold. Whether the building meets either height limb on the measurement rules. Whether the published form has been updated since your last submission. And whether the fire engineer has actually seen the drawings you are about to submit rather than an earlier revision.
Follow reform developments through the planning law timeline, and browse all 66 report types to see how the fire documents sit alongside the rest of the evidence base.
This is general guidance rather than legal advice. Check the position with your local planning authority or a qualified professional before relying on it. For specialist technical reports, qualified professional input may be required. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Which applications need a fire statement?
Applications for development involving a relevant building, meaning one containing two or more dwellings or educational accommodation that has a storey at least 18 metres above ground level or has at least seven storeys. Limited exclusions appear in the Development Management Procedure Order, and the wording has been amended, so check the current text before relying on a summary.
Does a tall office building need a fire statement?
No. The requirement turns on residential or educational use as well as height, so a purely commercial building falls outside it however tall it is. A single dwelling is also outside the definition, because the building must contain two or more dwellings. Mixed schemes need care where residential floors sit above commercial ones.
How is the 18 metre height measured?
From ground level to the floor surface of the top storey, rather than to the roof or parapet, with some storeys such as plant rooms disregarded in the count. Sloping ground makes the measurement point matter. Record how the measurement was taken, because small design changes near the threshold can change the submission requirements.
Who has to write the fire statement?
Someone with the necessary fire engineering competence, typically a registered fire engineer with experience of residential buildings at that scale. Both the council and the Health and Safety Executive look at authorship. A drafted structure can help prepare for that input, but the finished statement must be reviewed and owned by a competent professional.
What happens if a required fire statement is omitted?
The application is invalid, so it will not be registered and the determination period does not begin. Councils usually hold the submission pending receipt rather than refusing it, which still costs weeks at the stage of a programme where delay is hardest to absorb. Check the threshold before submission rather than at validation.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.