If you own or manage a business or property in the UK, fire safety isn’t optional—it’s a legal duty. Every workplace, rental property, shop, school, or commercial building must have a suitable and up-to-date fire risk assessment, and someone must be officially responsible for making sure it is carried out.
In this guide by Fire Safety Specialists Ltd, we explain exactly who holds that legal responsibility, what the law requires, and how to stay compliant while keeping everyone on your premises safe.
In UK law, the duty for fire safety falls squarely on the shoulders of the 'Responsible Person'. This term is legally defined by the Regulatory Reform (Fire Safety) Order 2005. This individual or entity has a legal obligation to take reasonable steps to reduce the risk from fire and make sure people can safely escape if a fire does occur. A crucial part of this duty is ensuring that a suitable and sufficient fire risk assessment is completed and regularly reviewed.
The identity of the Responsible Person changes depending on the type of premises, but the principle is always about who has control. Here are some straightforward examples:
This is a critical point of confusion for many. You can—and often should—delegate the task of carrying out the fire risk assessment to a 'Competent Person'. This could be a trained employee or, more commonly, an external fire safety expert.
However, the ultimate legal responsibility for ensuring the assessment is adequate and has been completed remains with you, the Responsible Person. Choosing a certified professional ensures the task is done correctly and diligently, giving you confidence that you are meeting your legal obligations.
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While Fire Wardens and Fire Marshals play a vital role in your day-to-day fire safety strategy, they do not hold the legal responsibility for the fire risk assessment itself. Their duties are operational; they assist with implementing safety measures, managing evacuations during an emergency, and performing routine checks on equipment like fire extinguishers and escape routes.They are an essential part of the safety plan created by the Responsible Person, but they do not carry the legal burden for its creation.
The local Fire and Rescue Authority is responsible for enforcing fire safety laws. The consequences of failing to carry out a suitable fire risk assessment are severe. Penalties can range from enforcement notices requiring you to make improvements, to significant and unlimited fines.
In the most serious cases, where a breach of duty puts lives at risk, a custodial sentence can be imposed. Failing to meet your responsibilities not only jeopardises your business but, more importantly, it puts people's lives in danger.
You may also read: Are Fire Risk Assessment Recommendations Legally Binding or Just Suggestions?
The simplest way to gain peace of mind and ensure you have fulfilled your legal duties is to engage a professional. An expert assessor guarantees that no hazard is overlooked and that your assessment is fully compliant with current legislation.
Our assessors are seasoned professionals with invaluable experience from years working in the fire service. We provide a comprehensive report with a clear, prioritised action plan, ensuring you have all the pieces of the fire safety jigsaw in place. We believe that we are not just ticking boxes, but saving lives.
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Protecting your staff and property starts with a proper fire risk assessment. It is the most important step to meeting safety standards and staying legally compliant. Fire Safety Specialists Ltd, led by skilled professionals, is here to guide you through the process with expert support. Call 01246 439210 or visit our website to book your fire risk assessment today.
You can complete the assessment yourself only if you are confident you have the necessary knowledge, training, and experience to be considered a 'Competent Person'. For most businesses, especially those with complex layouts or higher risks, using an external specialist is the safest and most reliable option.
Your fire risk assessment should be reviewed regularly, typically on an annual basis. It must also be reviewed immediately if there is any significant change to the premises, such as building alterations, a change in the number of staff, or the introduction of new hazardous substances.
A fire risk assessment is typically made up of five key steps, as outlined by the UK fire safety guidance. These steps include identifying hazards, identifying people at risk, evaluating and reducing risks, recording and planning, and regularly reviewing the assessment.
A Competent Person is someone who has sufficient training, experience, and knowledge of fire safety to carry out a risk assessment properly. This includes understanding the causes of fire, the relevant legislation, and the appropriate safety standards for the premises in question.
As a landlord or property manager, you are the Responsible Person for the common areas of the building. This includes hallways, staircases, entrance halls, and plant rooms. You must ensure a fire risk assessment is carried out for these shared spaces.
