Under English law, fire safety in buildings is primarily governed by the Regulatory Reform (Fire Safety) Order 2005 (the “Fire Safety Order”) and updated through the Fire Safety Act 2021. These laws place a legal duty on responsible persons to carry out fire risk assessments in non-domestic premises and in certain parts of residential buildings.

Commercial Properties

Legal Duty: Article 9 of the Fire Safety Order 2005 requires the responsible person (e.g. an employer, occupier, or building manager) to make a suitable and sufficient assessment of the fire risks to which relevant persons are exposed.

In commercial properties, the responsibility for fire risk assessments is often transferred to the tenant under the terms of the lease, as they typically exercise day-to-day control over the premises.

A fire risk assessment is required for all non-domestic premises, including:

• Offices and shops
• Factories and warehouses
• Restaurants, bars and pubs
• Community halls and places of worship

Frequency: FRAs should be reviewed regularly, especially if:

• There are significant changes to the building structure, layout, or use
• There is a change in occupancy or staffing
• A fire incident occurs

However, it is considered good practice to review the fire risk assessment annually, even if no significant changes have occurred.

Residential Properties

A common misconception is that residential buildings without communal areas are exempt from fire risk assessments. However, the Fire Safety Act 2021 clarified and extended the Fire Safety Order to apply more explicitly to multi-occupied residential buildings.

Where a building contains two or more sets of domestic premises, the Fire Safety Order 2005 applies to:

• The building’s structure
• External walls (which includes doors, windows and anything attached to the exterior, such as balconies)
• Any common parts
• All doors between the domestic premises and common parts

The responsible person is typically the freeholder, landlord, managing agent, or residential management company.

High-Rises

The Fire Safety (England) Regulations 2022, effective from 23 January 2023, impose additional duties on responsible persons in multi-occupied residential buildings.

High-Rise Buildings (18m+ or 7+ storeys):

• Install a secure information box with contact details and floor plans.
• Share external wall system details with the local fire service and update them on any changes.
• Provide electronic floor plans highlighting key fire-fighting equipment.
• Carry out monthly checks on fire-fighting and evacuation lifts, and their control mechanisms.
• Install wayfinding signage (floor and flat numbers).
• Issue fire safety instructions to residents.

Buildings Over 11 Metres:

• Perform quarterly checks of communal fire doors.
• Aim to carry out annual checks of flat entrance doors (best endeavours).

Failure to Comply

Failure to carry out or regularly review a fire risk assessment can lead to:

• Enforcement notices
• Fines or prosecution
• Increased liability in the event of a fire

Key Takeaways

Need Help?

If you are the responsible person for a commercial or residential property, ensure your fire risk assessment is up to date and compliant. Consider engaging a competent fire risk assessor to assist where necessary.