Fire Risk Assessments - Legal Duty
Buildings That Need a Fire Risk Assessment
Under the Regulatory Reform (Fire Safety) Order 2005 (RRO), the Responsible Person must ensure that a suitable and sufficient Fire Risk Assessment is carried out for all non-domestic premises and certain residential buildings.
1. Non-Domestic Buildings
All workplaces and buildings used for business purposes must have a FRA. Examples include:
- Offices and administrative buildings
- Shops, retail units, and shopping centres
- Factories, warehouses, and industrial premises
- Schools, colleges, and universities
- Hospitals, clinics, and care homes
- Hotels, hostels, and other accommodation providers
- Leisure facilities, gyms, and sports centres
- Community centres, libraries, and places of worship
- Construction sites (while in use)
Note: Even if the building is unoccupied for periods, a FRA is still required.
2. Residential Buildings (Multi-Occupied or Shared)
Fire risk assessments are required for communal areas and escape routes in buildings where multiple households reside, such as:
- Blocks of flats or apartments
HMOs (Houses in Multiple Occupation) - Sheltered housing and supported living facilities
Key Point: The FRA must include communal areas such as stairwells, corridors, lobbies, lift shafts, and fire doors serving flats.
3. Licensed or Public Access Buildings
Buildings where the public have access, or that require a license, must also have a FRA:
- Restaurants, pubs, and cafes
- Cinemas, theatres, and concert halls
- Nightclubs and event venues
- Sports arenas and exhibition centres
4. Special Considerations
Some buildings require additional scrutiny under updated regulations:
- Buildings over 11 metres high or 6+ storeys: stricter fire door checks, external wall review, and resident information under the Fire Safety (England) Regulations 2022.
- Buildings with high fire risk processes (flammable materials, laboratories, industrial plants) may need more frequent or specialist FRAs.
Legal Duty
Property Owners have a legal duty to ensure that the properties they provide are safe from the risk of fire. This duty is set out in the Regulatory Reform (Fire Safety) Order 2005 (RRO) and the Fire Safety Act 2021, and supported by the Fire Safety (England) Regulations 2022 for multi-occupied residential buildings.
Key Responsibilities of Landlords
Fire Risk Assessment (FRA)
Landlords must ensure that a suitable and sufficient Fire Risk Assessment is carried out on the property.
The FRA must cover fire hazards, people at risk, means of escape, fire detection, firefighting equipment, and emergency procedures.
It must be reviewed regularly and whenever there are significant changes to the building, layout, or occupancy.
Who Carries Out the FRA
The landlord (as the Responsible Person) must ensure the FRA is conducted by a competent person with the necessary knowledge and experience. Fire Safety Management UK are classified as having competent Fire Risk Assessors.
Record Keeping
If the landlord employs five or more people, or if the premises is subject to licensing, the FRA must be recorded in writing.
Records should include findings, actions required, and evidence of completed remedial works.
Multi-Occupied Residential Buildings
Under the Fire Safety Act 2021, landlords must ensure that the structure, external walls (including cladding, balconies, windows), and flat entrance doors are included in the FRA.
For buildings over 11 metres, landlords have additional duties under the Fire Safety (England) Regulations 2022, including routine fire door checks and providing fire safety instructions to residents.
Ongoing Duty
The FRA is not a one-off exercise; landlords must ensure continuous fire safety management, including maintenance of fire alarms, emergency lighting, extinguishers, and escape routes.
Consequences of Non-Compliance
- Legal enforcement by the Fire and Rescue Authority.
- Fines and prosecution for failure to comply.
- Increased liability in the event of injury, loss of life, or damage caused by fire.
