Building regulations and fire safety: what building owners need to know

Since January 1, 2024, the Omgevingswet has been in force, and the technical building regulations that were previously in the Bouwbesluit 2012 have transferred to the Besluit bouwwerken leefomgeving (Bbl). For building owners and managers, the substance of the requirements generally doesn't change fundamentally, but the place where you find them and the way permit procedures work does.

In this article you will read what stayed the same in the transition to the Bbl, what changed, which level of requirements applies to an existing building or a renovation, and what you now need to arrange for your building.

What remains the same

The core of passive fire safety remains unchanged: buildings are divided into fire compartments and fire sub-compartments, escape routes must be protected against fire and smoke, and the separations between them must stop fire penetration and fire spread for long enough (the WBDBO, resistance to fire penetration and fire spread). Separately, the load-bearing structure must not collapse too quickly in a fire. That is a separate requirement, fire resistance with regard to collapse, and not part of the WBDBO.

The determination methods are also familiar territory. For the WBDBO the Bbl refers to NEN 6068, for the fire resistance of building elements, including the load-bearing structure, to NEN 6069 and for resistance to smoke passage to NEN 6075. A seal, door or wall that was correctly tested and installed before 2024 is therefore not suddenly rejected because of the transition to the Bbl.

What changed

• Where to find the rules. The requirements are in the Bbl instead of the Bouwbesluit 2012. Fire safety advice, specifications and maintenance contracts that refer to Bouwbesluit articles must be translated to the Bbl at the next revision.
• Fire-safe use. The rules for the fire-safe use of buildings, such as clear escape routes and doors that are not wedged open, are also in the Bbl. The Wabo permit requirement for fire-safe use has lapsed. Instead, the Bbl has a fire-safe use notification for certain buildings, for example if many people are present at the same time or if care or childcare takes place. Whether additional municipal rules apply to your building differs per municipality; the permit check in the Omgevingsloket shows what you need to arrange.
• Quality assurance. Since 2024, the Building Quality Assurance Act (Wkb) has applied to new construction in consequence class 1, such as simple homes and commercial buildings. An independent quality assurer then checks whether the building meets the building regulations, including fire safety. Completion notification comes with a file demonstrating that the building complies. The Wkb does not (yet) apply to renovations or to new construction in higher consequence classes; there the municipality checks the building regulations.
• Demonstrability. Owner and user each have responsibilities, and the Bbl has duties of care for the condition of the building and for fire-safe use. Anyone who cannot show that the fire protection provisions are in order is in a weak position during an inspection, a claim or a question from the insurer.

Existing buildings, renovation and new build

Like the Bouwbesluit, the Bbl has different levels of requirements. The strictest requirements apply to new construction. An existing building must at least meet the level for existing buildings. For fire separations, that is generally a WBDBO of at least 20 minutes.

During a renovation, the lawfully obtained level generally applies to the altered part: the level at which the building was legally built or renovated, with the level for existing buildings as the lower limit. Additional requirements apply to some elements. For example, a renovated separation with a WBDBO of less than 30 minutes must afterwards achieve at least 30 minutes. Read more in WBDBO explained. Have the level of requirements assessed in advance for each renovation, so that the design and the quotation are based on the right level.

In practice this mainly means: what once complied must continue to comply. Every new penetration, every replaced door and every relocated wall in a fire separation must be at least as fire-resistant as the separation requires.

What this means for your fire safety file

Many compartmentation drawings, fire safety reports and logbooks date from before 2024. That does not make them invalid, because the underlying requirements have largely stayed the same. But during a renovation, a permit application or an inspection by the municipality, the Bbl is what counts. A file that matches the current situation of the building and the current rules prevents discussion.

What building owners can already do now

• Check whether your fire safety file still matches the current situation of the building
• Have existing seals, doors, and compartmentalization inspected periodically
• Seek timely advice on the applicable requirements under the Bbl before renovations
• Record measures taken in a logbook, so you can demonstrate this to your insurer or the competent authority
• Check whether the use of your building requires a notification or permit for fire-safe use

Our advisors closely follow developments around the Bbl and translate these into concrete, practical measures for your building.

What the duty of care asks of you in practice is explained in the fire safety duty of care under the Bbl.

Frequently asked questions