Yes, where the Regulatory Reform (Fire Safety) Order 2005 applies, a fire risk assessment is a legal requirement. Article 9 of the Regulatory Reform (Fire Safety) Order 2005 requires the Responsible Person for a premises to ensure that a suitable and sufficient fire risk assessment is carried out. That assessment must identify fire hazards, the people who may be at risk, and the measures needed to protect them. The requirement covers virtually all non-domestic premises in England and Wales, together with the common parts of buildings containing two or more sets of domestic premises, while Scotland and Northern Ireland have their own legislation.
Although the legal requirement has been established for many years, compliance difficulties usually arise from more detailed questions such as:
- Which buildings fall within the scope of the Order?
- Who holds responsibility where several organisations share control of a site?
- What does the law mean by a competent person?
- What evidence demonstrates that fire safety duties have been properly managed?
Changes introduced since 2021 have affected each of these areas, although one important competence-related amendment has not yet been brought into force.
What the law requires, and who is responsible
The legal duty sits with the Responsible Person, not with whoever completes the assessment. Article 9 requires that person to ensure a suitable and sufficient fire risk assessment is carried out and kept under review. Appointing a consultant to carry out the assessment does not transfer that duty to them. If the assessment proves inadequate, enforcement will focus on whether the Responsible Person discharged their obligations.
For organisations, the question is therefore whether they can show the assessment suits the building, matches the risks and has been kept up-to-date, not merely that one exists. The law does not require a particular format or template. The level of detail depends on the size, complexity, use and risk profile of the building. Our fire risk assessment checklist for landlords and property managers covers the areas an assessment normally addresses, from fire hazards and people at risk to means of escape and management arrangements.
Recording requirements and the 2023 changes
The amendments that were introduced by section 156 of the Building Safety Act 2022 strengthened the recording requirements under Article 9 of the Fire Safety Order. From 1 October 2023, the Responsible Person must record the fire risk assessment in full. Previously, the obligation focused on recording the assessment’s significant findings and the measures taken to address them. The underlying legal test has not changed, since the assessment must still be suitable and sufficient, but the level of evidence that organisations must retain to demonstrate compliance has.
In practice, a short summary of risks or a list of completed actions may not be enough. The recorded assessment should show:
- what hazards were identified
- who may be affected
- how risks were evaluated
- what control measures are in place
- what further actions are required
- how those actions are being managed
For estates teams managing multiple buildings, the quality and accessibility of these records matters more with every site added. A compliance position is much easier to defend when an organisation can demonstrate not only that assessments exist, but that they are actively managed.
Which buildings are covered by fire safety law?
A common misunderstanding is that every property requires a fire risk assessment under the Order. Whether it applies depends on the type of premises and how it is occupied. Article 6 excludes domestic premises, so a typical private dwelling occupied by one household falls outside its scope.
However, this does not mean that all residential properties are exempt from fire safety responsibilities. Other legislation may apply depending on the type of occupation and arrangement, including duties relating to houses in multiple occupation and residential accommodation. The correct answer will depend on the building’s use, occupation and layout, not simply whether it is rented or owned.
Residential buildings with common parts
Buildings containing two or more sets of domestic premises are treated differently. The Fire Safety Act 2021 clarified that the Order applies to certain parts of these buildings, including:
- the structure and external walls
- cladding, insulation and other external wall materials
- balconies and associated structures
- doors between domestic premises and common parts
For example, a building converted into two flats with a shared entrance hallway may fall within the scope of the Order for those areas. Where flat entrance doors open onto shared corridors, stairways or other common areas, those doors may need to be considered as part of the fire risk assessment.
For mixed-use properties, asking whether “the building has a fire risk assessment” may not provide a complete answer. A shop with flats above it can involve different areas of responsibility and different assessments, depending on how the premises are arranged and controlled. Establishing scope part by part, rather than building by building, avoids the gaps that a single blanket assessment can leave.
Who holds responsibility when more than one organisation controls a site?
A single building can have more than one Responsible Person. That arrangement is common in multi-let office buildings, shopping centres, mixed-use developments, buildings with residential and commercial occupiers, and premises where ownership and occupation are separated. Each Responsible Person remains responsible for the duties that apply to the part of the premises they control.
Since section 156 of the Building Safety Act 2022, each Responsible Person must take reasonable steps to find out whether others exist. Where they do, they must exchange names, a UK address where documents can be served, and the part of the premises each considers itself responsible for. That information must be recorded and kept. The point is to stop fire risks being assessed in isolation, since a tenant controlling its own workplace may still need to know about shared escape routes, building systems or neighbouring occupiers.
Passing information when responsibility changes
The Order also places duties on Responsible Persons when responsibility transfers. Article 22A requires an outgoing Responsible Person to provide specified information to an incoming one, including fire risk assessments, reviews of those assessments, information about measures implemented, and details of people appointed to assist with assessments or reviews. The duty applies whenever managing agents change, facilities management contracts transfer, buildings change ownership, or services are brought back in-house. Fire safety information should not be lost during organisational change, and the handover of records is now a legal requirement rather than simply good practice.
Does a fire risk assessment have to be completed by an accredited assessor?
No. There is no legal requirement for a fire risk assessor to hold a particular accreditation, qualification or certification. Article 18 of the Order refers instead to competence: a person is competent where they have sufficient training and experience, or knowledge and other qualities, to properly assist in undertaking the preventive and protective measures. Competence therefore depends on the person, the building and the level of risk involved.
Someone with suitable experience and knowledge may be capable of assessing a straightforward low-risk workplace. A complex building, high-risk process or large residential block is a different matter, and may need a specialist with considerably greater expertise. A certificate is not the test. The test is whether the Responsible Person can show why that person was competent to assess this particular building.
The impact of the Building Safety Act 2022
Section 156 of the Building Safety Act 2022 introduced a further competence requirement through a new Article 9A. When brought into force, it will prevent a Responsible Person from appointing someone to assist with preparing or reviewing a fire risk assessment unless that person is competent. However, this specific provision was not brought into force by the 2023 commencement regulations, so competence continues to be assessed through the existing requirements of the Order.
Either way, Responsible Persons should keep evidence of how they selected an assessor, covering relevant qualifications, experience with similar premises, knowledge of applicable guidance and understanding of the risks associated with the building. Recognised methodologies such as PAS 79 can help demonstrate a consistent, methodical assessment, although the methodology itself is not a legal requirement. If Article 9A does come into force, organisations already keeping that evidence will have little to change.
What happens if you do not have a fire risk assessment?
Failing to have a suitable and sufficient fire risk assessment can place an organisation in breach of the Order. Enforcement action does not usually begin with prosecution. However, fire and rescue authorities normally seek to secure compliance through a range of formal powers, depending on the circumstances and level of risk.
The main formal powers are:
- Alterations notices, which require certain changes or increased controls to be notified to the enforcing authority.
- Enforcement notices, which require specified improvements to be completed within a stated period.
- Prohibition notices, which can restrict or prevent the use of premises where the risk to life is considered serious.
Prosecution may follow where legal duties have not been met or enforcement action has been ignored. During a fire safety audit, enforcing authorities look at whether duties have actually been discharged. A document titled “fire risk assessment” is not enough if it does not reflect the real risks within the premises or the measures needed to control them.
The importance of following fire safety guidance
Article 50 of the Order gives approved guidance evidential weight. Where an enforcing authority alleges that a Responsible Person has failed to comply with the Order, evidence that applicable guidance was not followed may be used to support that allegation. Conversely, evidence that appropriate guidance was followed may help demonstrate that the Responsible Person has complied with their duties.
Following guidance does not automatically guarantee compliance, because every premises must still be assessed on its own circumstances. Organisations that can demonstrate a consistent approach, supported by recognised guidance and clear records, are nonetheless better placed to show that they have taken reasonable steps to manage fire risk. Our guide to common fire safety audit failures covers where arrangements most often fall short under inspection.
How often does a fire risk assessment need reviewing?
The law sets no fixed interval for reviewing a fire risk assessment. Article 9 requires a review where there is reason to suspect that the assessment is no longer valid, or where there has been a significant change in the matters to which it relates. Annual reviews are common practice in many organisations, above all for higher-risk or complex premises, but the law does not require every assessment to be replaced every 12 months. A recently completed assessment may no longer be suitable if the building has changed materially since it was written.
Typical review triggers include:
- changes to layout or compartmentation
- refurbishment or building works
- changes in occupancy, or changes affecting vulnerable occupants
- new processes, equipment or activities
- fire incidents or near misses
- changes to relevant guidance
For multi-site estates, the most effective approach is usually to link reviews to building changes and compliance management systems rather than relying only on anniversary dates.
Where the real compliance risk sits
Whether an assessment is legally required is the easy question. The harder task is demonstrating, building by building, where the Order applies, who holds the duty and why the assessor was judged competent. Beyond that, an organisation has to show each assessment is still suitable and sufficient, and that it is managing fire risk by closing the actions raised. On a large estate, that makes compliance an information problem as much as an assessment one.
Managing fire risk across complex estates
Assets & Compliance Managed Services supports estates teams across healthcare, housing, education, retail and local government, where fire safety responsibilities often extend across hundreds of buildings, occupiers and contractors. Our fire risk assessment services cover the assessments themselves, reviews and updates, remedial action tracking, compliance records and reporting, and evidence management for audit and enforcement. Defending a fire safety position comes down to evidence. If you manage a multi-site estate and want to know where your fire safety responsibilities currently stand, our team can review your position with you.
