Yes!

Fire Risk Assessments: Legal Obligations Under the Regulatory Reform (Fire Safety) Order 2005

In accordance with the Regulatory Reform (Fire Safety) Order 2005 (RRO), a fire risk assessment is a legal requirement for anyone responsible for premises other than a single private dwelling. This requirement applies broadly, with a few exceptions:

• Offshore installations as defined in the Offshore Installation and Pipeline Works (Management and Administration) Regulations 1995.

• Ships, in relation to normal shipboard activities.

• Fields, woods, or other land forming part of agricultural or forestry undertakings.

• Aircraft, locomotives, rolling stock, trailers, or semi-trailers used as means of transport.

• Mines.

• Borehole sites.

For almost all other types of premises, a fire risk assessment is mandatory.

The Duty of the "Responsible Person"

Under RRO Part 2, Article 8, the Responsible Person must take fire precautions “as far as reasonably practicable” to ensure that fire safety is upheld and that the premises remain safe for all relevant individuals.

The Responsible Person is defined under RRO Part 1, Article 3 as:

• For a workplace: The employer, if the workplace is under their control.

For other premises:

• The person who has control of the premises in connection with their trade, business, or other undertaking (whether for profit or not).

• The owner, if no one else has control in connection with a trade, business, or undertaking.

In simpler terms, the Responsible Person may be the employer, owner, landlord, or an appointed managing agent of the premises.

Competent Persons for Fire Risk Assessments

All fire risk assessments must be conducted by a competent person. This ensures that the assessment meets legal and safety standards.

For additional details about other responsible persons, refer to RRO Articles 5 (3) and 5 (4).

A fire risk assessment (FRA) is a systematic examination of a building or workplace to identify potential fire hazards and evaluate the risks to life: 

• Identify hazards: What could start a fire, and who might be affected 

• Evaluate risks: Consider the likelihood of a fire, the severity of the fire, and the potential consequences 

• Reduce risks: Determine what needs to be done to reduce the risk of fire, and create a timetable for the work 

• Record findings: Document the results of the assessment 

• Review the emergency plan: Include information on what to do in case of fire, where to assemble, and how to contact the fire service 

• Training: Ensure staff are trained on fire safety within your business

• Review and update: Regularly review and update the assessment 

FRAs are a legal requirement for

anyone responsible for a building that isn't a single private dwelling. They

are particularly important for blocks of flats and large houses in multiple

occupation (HMOs). 

You can complete your own FRA if

you have the competence to do so. The government's website has a 5-step

checklist and a free guide with more detailed information.

Basically, if you are In control of a building which is not a private single dwelling (your house), then the building needs to have a fire risk assessment.

By law, every business and block of flats must have a designated ‘Responsible Person’ (RP), accountable for fire safety.

It is the designated Responsible Person’s job to make sure the relevant fire safety duties are carried out and that action is taken to prevent fires happening, and also to prevent injury or death if a fire does actually happen.

It is therefore the Responsible Persons (RP) who should make sure your building has a valid Fire Risk Assessment. 

If you are a small business owner, you are generally the Responsible Person for your premises, unless you have nominated someone in your team.

If you are a resident in a block of flats or tower block, then the Responsible Person is typically the landlord or managing agent, although they may also be a member of the Residents’ Association.

In blocks of flat the Responsible Person is only accountable for the common areas, such as corridors and stairwells.  It is up to the resident to make sure their own flat is fire-safe.

According to legal guidelines, a Fire Risk Assessment can be carried out by a "competent person." The individual conducting the assessment MUST have the necessary expertise to evaluate your premises against all relevant criteria.

They should be capable of:

• Clearly and thoroughly recording all significant findings.

• Developing a detailed fire safety action plan if changes are required and documenting the necessary actions.

• Implementing the action plan if needed.

• Continuously updating the Fire Risk Assessment to reflect ongoing changes.

For anything other than the simplest premises, we strongly recommend engaging a professional Fire Risk Assessor. Professional assessors undergo extensive training, ensuring they are up-to-date with the latest legal requirements and best practices. Their expertise allows them to effectively apply this knowledge to a variety of building types, offering peace of mind that your premises comply with fire safety standards.

A Fire Risk Assessment should be thorough and address a wide range of fire risk factors. The level of detail required largely depends on the complexity of the building. For example, a small, single-compartment structure like a kiosk or shop requires less detailed review compared to a large office building or a block of flats.

While each assessment is unique, there are several critical factors that should always be examined to ensure fire safety and prevention:

1.Building Use, Layout, and Construction – Evaluating how the building is used, its design, and materials.

2.Occupants – Considering the number of occupants and identifying any vulnerable individuals. We determine what occupancy characteristics groups are present.

3.History of Fire Loss – Reviewing any previous incidents of fire in the building.

4.Electrical Equipment – Checking for equipment that could serve as ignition sources.

5.Smoking Policies – Ensuring effective measures are in place to prevent fires caused by smoking.

6.Arson Prevention – Evaluating the building’s defence against intentional fires.

7.Heating Devices – Assessing portable and installed heating systems for fire risks, particularly mobile electric heaters.

8.Lightning Protection – Ensuring safeguards are in place to prevent fires caused by lightning strikes.

9.Housekeeping Standards – Keeping areas free of combustible materials and maintaining clear key spaces. - Avoiding the fire triangle.

10. Building Works and Contractors – Identifying fire hazards introduced by construction or external contractors.

11. Storage of Hazardous Materials – Reviewing arrangements for storing flammable or dangerous substances.

12. Escape Routes – Confirming the proper configuration, accessibility, and maintenance of escape routes.

13. Fire Spread Mitigation – Verifying measures such as compartmentalization to limit fire spread.

14. Emergency Lighting – Checking correct installation and functionality of emergency lighting.

15. Fire Safety Signs – Ensuring the appropriate use and placement of fire safety signage.

16. Fire Alarms – Confirming there are adequate means for raising the alarm (see blog: Do I Need a Fire Alarm?).

17. Fire Extinguishers – Verifying the correct type and placement of extinguishers (see blog: Fire Extinguisher Regulations).

18. Fire Suppression Systems – Ensuring sprinklers and other systems are properly installed and maintained.

19. Fire Safety Management – Identifying the person responsible for managing fire safety and assessing their effectiveness.

20. Training and Drills – Evaluating whether regular fire safety training and evacuation drills are conducted.

21. System Maintenance and Testing – Ensuring all fire safety systems are regularly maintained and tested.

22. Documentation and Records – Confirming that accurate records of fire safety measures are kept.

A well-executed Fire Risk Assessment not only ensures compliance with legal requirements but also provides peace of mind by significantly reducing the risk of fire-related incidents.