When a management company refuses to arrange a fire risk assessment, it creates serious concern for every resident in the building. A fire risk assessment (FRA) is not optional. It is a legal requirement under fire safety regulation. It exists to identify hazards, reduce risk, and protect people from physical harm in the event of a fire.
If your building’s management company is still refusing to provide an FRA, you are not powerless. This guide explains who holds responsibility, what the law requires, and what action residents and leaseholders can take. You will also learn when to contact the local fire authority and what legal remedies exist if safety regulations are being ignored.
If you feel stuck, here are the most important points to remember:
Act early. Fire safety is about prevention, not reaction.
A fire risk assessment is a crucial step in protecting the safety and wellbeing of every occupant. It helps identify fire hazards in common parts such as corridors, stairwells, external walls, and cladding. It also checks fire doors, alarm systems, electrical installations, and evacuation routes. Without this inspection, potential hazards may go unnoticed until an incident occurs.
Fire protection measures are not just technical rules. They are practical safeguards. In the event of a fire, working alarms, clear escape routes, and proper firefighting equipment can render a dangerous situation safer. An FRA ensures these fire safety measures are suitable and thorough. It examines how people would evacuate and whether any safety hazard could block escape.
Failing to conduct a full fire risk assessment increases risk for everyone in the building. It can devastate property, cause serious injury, and lead to enforcement action. Regulations require responsible parties to manage fire safety properly. Ignoring this duty may result in a fine, lawsuit, or even criminal liability under fire safety legislation and the Building Safety Act.
Many residents feel confused about who must arrange the fire risk assessment. Responsibility depends on control of the building’s common parts.
| Role | Legal Responsibility | Areas Covered | When Liable |
| Freeholder | Usually the “responsible person” under regulation | Common parts, structure, external walls | If they fail to comply with safety regulations |
| Managing Agent | Acts on behalf of freeholder | Day-to-day management, arrange FRA | If instructed but failing to manage properly |
| Landlord | Responsible for rented flats | Inside rented property | If fire safety inside flat is neglected |
| Employer (Workplace Areas) | Responsible for employee safety | Any workplace areas in building | If employee safety and health is breached |
In many apartment complex settings, the freeholder carries the main responsibility. The managing agent may undertake the task, but legal duty often remains with the freeholder. Shared responsibility does not remove accountability.
A management company refusing to commission an FRA does not remove the legal duty. Fire safety regulations require a suitable and sufficient fire risk assessment for common parts. Simply saying “we refuse” does not override legislation.
If management refusal continues, the building may fall into non-compliance. This can trigger enforcement action by the local fire authority. Fire authority enforcement can include inspection, formal notices, and prosecution. Regulations can result in serious penalties where risk is ignored.
Where disregard of safety regulations leads to an unsafe condition, courts may view it as negligence. In extreme cases, if a fire occurs and injury follows, liability becomes severe. Management companies must comply. They cannot avoid responsibility by delaying or ignoring resident requests.
If there is no fire risk assessment, the risk increases quickly. Fire safety regulations require a suitable FRA for common parts. Without it, the building may already be in breach of regulation, exposing residents and the responsible party to serious consequences.
Ignoring the issue does not reduce risk. It increases danger, enforcement exposure, and legal liability.
If the management company is still refusing to provide a fire risk assessment, act in a clear and organised way. Structured steps protect your position and strengthen any enforcement action.
Send a direct written request asking them to arrange a full fire risk assessment. Refer to fire safety regulations and ask for a clear response date. Keep copies of all communication.
Use the managing agent’s official complaints procedure. Request written confirmation of how they plan to manage the issue. Keep detailed records of replies.
If the matter remains unresolved, escalate through the relevant housing or property redress forum. This creates an independent review trail.
The local fire authority is responsible for enforcing fire safety legislation. They can inspect the building and assess non-compliance.
As a leaseholder, you may have legal remedies if the responsible party continues failing in its duty.
Clear documentation supports your complaint and increases the likelihood of enforcement.
In some situations, residents consider arranging their own comprehensive fire risk assessments. This can be useful, but it comes with limits.
A resident-arranged FRA may identify hazards and provide independent evidence. It can support a complaint or enforcement referral. It also shows proactive behaviour focused on safety.
However, cost allocation may become disputed. Without freeholder authority, implementing recommendations may be difficult. A privately arranged FRA does not automatically shift legal responsibility.
Before you undertake this step, consider legal advice. It may help safeguard your asset and wellbeing, but coordination with the responsible party remains important.
There are moments when escalation becomes necessary.
If the building appears unsafe, and there is immediate risk to occupants, contact the local fire authority. They can carry out an inspection and assess compliance.
If management ignores formal complaint and remains non-responsive, enforcement may be appropriate. Authorities have power under legislation to require action.
If your building is a higher-risk property under the Building Safety Act, and registration or safety duties are failing, reporting concerns may protect residents.
Enforcement exists to safeguard public safety. Use it when necessary.
A management company refusing to carry out a fire risk assessment does not remove legal responsibility. Fire safety regulations require action. The freeholder or managing agent must manage risk and comply with the law.
Residents and leaseholders have options. From formal complaint to ombudsman referral and fire authority enforcement, there are clear escalation routes. Acting early can prevent costly consequences and serious harm.
Fire protection is not paperwork. It is about protecting people. If safety is being ignored, take action before an incident forces the issue.
If no fire risk assessment is in place, the building may be in breach of fire safety regulations. This increases risk, exposes the responsible party to enforcement, and may lead to fines or prosecution. It also raises insurance and liability concerns.
Yes. Where they manage common parts on behalf of a freeholder, they must arrange a fire risk assessment to comply with regulation. Refusing to do so may trigger enforcement action.
The local fire service or fire authority is responsible for enforcing fire safety legislation. They can inspect premises, issue notices, and prosecute where necessary.
Yes. Residents can submit complaints, escalate to a redress scheme, and contact the local fire authority if safety duties are not being met.
In a workplace setting, an employee may have the right to refuse work if there is serious and imminent danger. Employers must protect employee safety and health under safety regulations.
You may also want to read:
Getting and Sharing Your Building's Fire Risk Assessment
How to Commission a Fire Risk Assessment When the Council Won't Help
