Most employers are aware that fire safety is a legal obligation. Fewer are clear on exactly what the law requires of them, which premises are covered, who holds legal responsibility, and what the consequences are if those requirements are not met.
This article sets out the core legal framework for fire risk assessments in the UK, the practical duties it places on employers and building controllers, and the steps businesses should take to ensure they remain compliant.
The Legal Framework
The primary legislation governing fire safety in non-domestic premises in England and Wales is the Regulatory Reform (Fire Safety) Order 2005, commonly referred to as the Fire Safety Order. It replaced a patchwork of earlier legislation and consolidated fire safety duties into a single, risk-based framework.
The Fire Safety Order applies to virtually all non-domestic premises. This includes workplaces of every type, commercial buildings, shared residential buildings, and any premises to which members of the public have access. It also applies to the common parts of multi-occupied residential buildings.
The Fire Safety Act 2021 amended the 2005 Order to clarify and extend its application to certain residential buildings, particularly in relation to external walls, flat entrance doors, and the structure and common parts of multi-occupied residential buildings.
In Scotland and Northern Ireland, separate but broadly similar legislation applies.
The Duty to Carry Out a Fire Risk Assessment
The central obligation under the Fire Safety Order is the duty to carry out a “suitable and sufficient” fire risk assessment of the premises. This duty falls on the Responsible Person, a legal concept defined by the Order.
In a workplace, the Responsible Person is typically the employer. Where a premises is not a workplace, or where there is no employer with control over it, the Responsible Person is the person who has control of the premises as occupier or owner. In multi-occupied buildings, there may be more than one Responsible Person, each with duties in relation to the parts of the building they control. For a closer look at how the Responsible Person designation works in practice, including how responsibility is allocated across different premises types, see our article on who is the responsible person under the Fire Safety Order.
The requirement for the fire risk assessment to be “suitable and sufficient” is not defined in precise numerical terms. It means the assessment must be appropriate to the nature of the premises, the activities carried out there, and the people who use it. An assessment that covers all material risks, is based on a genuine inspection of the premises, and produces findings and recommendations that reflect the actual position will typically satisfy this standard. A template completed without a site visit will not.
What the Fire Risk Assessment Must Cover
The Fire Safety Order sets out the specific matters the risk assessment must address. The Responsible Person must identify the fire hazards present in the premises, identify the people who may be at risk (including any individuals who may be particularly vulnerable), evaluate the risk arising from those hazards, and consider whether existing fire precautions are adequate.
In practical terms, this means the assessment should address:
- All ignition sources present in the premises, from electrical equipment and heating systems to processes that generate heat
- All fuel sources that could contribute to or accelerate a fire
- The structural features of the building that could affect how a fire spreads, including wall and ceiling linings, voids, and the condition of fire separation
- The adequacy and condition of fire detection and alarm systems
- The provision, coverage and maintenance of emergency lighting
- The condition and operation of all fire doors on escape routes
- The width, layout and freedom from obstruction of escape routes and final exits
- The type, siting, condition and servicing records of firefighting equipment
- The fire safety management arrangements in place, including staff training, drills, and the knowledge and awareness of the Responsible Person
The Requirement to Record Significant Findings
Where an employer has five or more employees, significant findings from the fire risk assessment must be recorded. Even where recording is not strictly required by law, it is strongly advisable. A written record demonstrates that the assessment was carried out, provides a basis for review, and is essential if the Responsible Person needs to demonstrate compliance to a fire authority, insurer or auditor.
The written record should include the significant findings, the action taken or to be taken as a result of those findings, and the date of the assessment. An action plan with risk ratings is the most useful format, as it allows the Responsible Person to prioritise work and demonstrate progress.
The Duty to Review
The Fire Safety Order requires the Responsible Person to review the fire risk assessment regularly, and where it is no longer thought to be valid or where there has been a significant change in the matters to which it relates. The Order does not specify a fixed review interval, but annual review is widely recognised as best practice.
A review should also be triggered by any of the following:
- Structural alterations to the building, including refurbishment, fit-out works, or changes to openings, partitions or fire separation
- A significant change in the use of the premises or any part of it
- An increase or change in the number or type of occupants
- The introduction of new processes, equipment or materials that could affect fire risk
- Any fire, near miss, or enforcement action by a fire authority
- A change in the identity of the Responsible Person
An assessment that was suitable when first produced but has never been reviewed following any of the above changes is unlikely to be considered suitable and sufficient at the point of an inspection. The date of the original assessment is less important than its currency.
The Consequences of Non-Compliance
Fire authorities in England and Wales have broad enforcement powers under the Fire Safety Order. Inspectors can enter premises, examine records, and take action where they find inadequate fire safety arrangements.
The range of enforcement action available to a fire authority includes:
- An alterations notice, requiring the Responsible Person to notify the authority before making changes to the premises
- An enforcement notice, requiring specific improvements within a defined timescale
- A prohibition notice, restricting or prohibiting use of all or part of the premises where there is a risk of serious personal injury
- Prosecution, which can result in an unlimited fine and, in serious cases, a custodial sentence
It is worth noting that a prohibition notice takes immediate effect without any right to a period of appeal before it applies. Where a fire authority concludes that the risk of serious personal injury is present, they can prohibit use of the premises on the spot.
Individual prosecutions are relatively uncommon but do occur, particularly following a serious fire where it can be demonstrated that the Responsible Person failed to carry out a suitable assessment or failed to act on its findings.
Who Should Carry Out the Assessment
The Fire Safety Order does not require assessments to be carried out by a certified specialist for all premises. It requires them to be carried out by a competent person: someone with sufficient knowledge, training and experience to identify fire hazards, evaluate risk, and understand the relevant legislation and guidance.
For low-risk, simple premises, a responsible employer with access to guidance may be able to carry out an adequate assessment themselves. For most commercial premises of any complexity, professional support provides a more reliable outcome and removes the risk of missing hazards that a non-specialist might overlook.
Where a fire authority has previously taken enforcement action, or where a premises has complex features, multiple occupancies, or higher-risk activities, professional assessment is strongly advisable. The consequences of an inadequate assessment are too significant to justify a cost-led approach.
Meeting Your Fire Risk Assessment Requirements with Mast Safety
Mast Safety provides professional Fire Risk Assessments for employers and building controllers across Essex and London. Our assessors carry out thorough site visits, produce compliant written reports with prioritised action plans, and provide ongoing reminders to keep your assessment current.
For businesses that need wider compliance support alongside fire safety, our Health & Safety Consultancy services integrate fire safety into a broader compliance framework, ensuring nothing is missed and your legal duties are met consistently.
If you need to discuss your fire risk assessment requirements or are unsure whether your existing arrangements meet the required standard, speak to our team today.
