Often referred to simply as the “Fire Safety Order” (FSO), the Regulatory Reform (Fire Safety) Order 2005 remains the cornerstone of fire safety law in England and Wales.
The FSO applies to virtually all non-domestic premises, as well as the common parts of multi-occupied residential buildings, and places a clear legal responsibility on the “Responsible Person” to take reasonable steps to protect relevant persons from the risk of fire in premises under their control.
Although the Order itself dates from 2005, it has been clarified and strengthened by subsequent legislation, meaning it must now be read in conjunction with newer fire and building safety laws to fully understand current legal duties.
What is the Regulatory Reform (Fire Safety) Order 2005 and why was it introduced?
Before October 2006, when the Fire Safety Order came into force, fire safety legislation in England and Wales consisted of more than 70 separate pieces of law, creating an inconsistent and overly prescriptive system.
The FSO replaced this with a risk-based, outcomes-focused framework, placing responsibility firmly on those who control premises. Rather than following rigid rules, dutyholders are required to identify risks and implement proportionate fire precautions appropriate to their buildings.
Nearly two decades on, the FSO remains the primary fire safety legislation for non-domestic premises. However, major incidents such as the Lakanal House fire (2009) and the Grenfell Tower disaster (2017) exposed weaknesses in how fire safety was being interpreted and applied.
As a result, significant legislative clarifications and additional requirements have been introduced in recent years, most notably through the Fire Safety Act 2021, the Fire Safety (England) Regulations 2022, and the Building Safety Act 2022.
Who counts as the “Responsible Person” and what does that mean in practice?
Under the Fire Safety Order, the Responsible Person is the individual or organisation with the greatest degree of control over the premises. This is typically:
- The employer (in workplaces)
- The owner of the building or part of the building
- The landlord or freeholder (for common parts of residential buildings)
- The person or organisation with overall responsibility for the premises
There can be more than one Responsible Person for a single site, particularly in complex or multi-occupied buildings. Where this occurs, all Responsible Persons have a legal duty to cooperate and coordinate to ensure fire safety obligations are met.
In multi-occupied residential buildings, the Responsible Person is usually the landlord or freeholder, though managing agents and tenants may hold specific duties depending on the arrangements in place.
Crucially, legal responsibility under the FSO cannot be delegated. While fire risk assessments, maintenance, or inspections can be contracted out, ultimate accountability always remains with the Responsible Person.
What are your core duties under the Fire Safety Order?
The Fire Safety Order requires the Responsible Person to:
- Carry out a suitable and sufficient fire risk assessment
- Implement appropriate fire safety measures to eliminate or reduce risks
- Ensure means of escape are adequate, clear, illuminated, and signed
- Maintain fire detection, warning, and firefighting systems
- Provide information, instruction, and training to employees
- Where applicable, provide fire safety information to residents
- Record significant findings, actions taken, and training provided
These duties are ongoing and must be actively managed, reviewed, and updated.
How should you carry out a fire risk assessment that meets legislative expectations?
A suitable and sufficient fire risk assessment (FRA) is a central legal requirement under the FSO.
- “Suitable” means the assessment must reflect the actual fire risks present.
- “Sufficient” means it must be detailed enough to demonstrate hazards have been identified and appropriate controls put in place.
The FRA must be undertaken by a competent person with appropriate training, experience, and knowledge.
Fire risk assessments should be reviewed regularly and updated:
- At least annually as good practice
- Following significant changes to the building, use, or occupancy
- After any fire-related incident
Fire and Rescue Authorities may formally inspect premises through a fire safety audit, during which the adequacy of the FRA is often a primary focus. Common shortcomings include overly generic assessments, failure to consider key risks, or poor documentation.
What fire safety features does the Order expect you to put in place?
Responsible Persons must implement both:
- Active fire protection (e.g. fire alarms, detectors, emergency lighting, sprinklers)
- Passive fire protection (e.g. fire doors, compartmentation, fire stopping)
Evacuation arrangements must be realistic and building-specific, with appropriate measures for vulnerable occupants, such as Personal Emergency Evacuation Plans (PEEPs) where required.
How do the Fire Safety Act 2021 and Fire Safety (England) Regulations 2022 change your duties?
Fire Safety Act 2021
The Fire Safety Act clarified that, in multi-occupied residential buildings, the scope of the Fire Safety Order explicitly includes:
- External walls, including cladding, insulation, balconies, and fixings
- Flat entrance doors opening onto common parts
This means fire risk assessments must now formally assess these elements where relevant.
Fire Safety (England) Regulations 2022
These Regulations introduced specific additional duties for buildings containing two or more domestic premises, including:
- Providing residents with fire safety instructions and information
- Keeping and updating fire risk assessment records and action plans
For higher-risk residential buildings (generally those over 11 metres in height), further duties apply, including:
- Quarterly checks of communal fire doors
- Annual checks of flat entrance doors (using best endeavours)
- Provision of building floor plans and external wall information to Fire and Rescue Services
- Installation and maintenance of secure information boxes
- Clear fire and evacuation strategy information for residents
These requirements are legally enforceable under the Fire Safety Order framework.
What documentation should you keep to prove compliance?
Robust recordkeeping is essential. Responsible Persons should retain:
- Current and previous fire risk assessments
- Records of identified risks and remedial actions
- Maintenance logs for fire alarms, emergency lighting, fire doors, and other systems
- Training records for staff and contractors
- Records of fire safety communication with residents, where applicable
Good documentation is critical for demonstrating compliance during audits or enforcement action.
How can you embed fire safety into day-to-day building management?
Fire safety should form part of routine management by:
- Carrying out regular visual inspections of escape routes, fire doors, and systems
- Clearly defining responsibilities between landlords, managing agents, tenants, and contractors
- Encouraging prompt reporting of defects or hazards
- Having a clear escalation and remediation process for serious issues
How can professionally managed compliance services support your legal duties?
Many Responsible Persons find the evolving fire safety landscape challenging, particularly across large or complex estates.
Professional managed compliance services, such as those provided by Assets & Compliance Managed Services (ACMS), can offer:
- Competent, expert-led fire risk assessments
- Ongoing tracking of remedial actions and maintenance
- Centralised compliance records and audit readiness
- Support with evolving legislation and guidance
- Independent oversight to reduce legal and safety risk
Why should you contact Assets & Compliance Managed Services?
ACMS specialises in supporting Responsible Persons across large, complex, and high-risk portfolios.
Our experienced team provides comprehensive fire risk assessments, compliance support, and practical guidance to help clients navigate current requirements under the Fire Safety Order, Fire Safety Act 2021, and Fire Safety (England) Regulations 2022.
If you are unsure about your current compliance position or would value a structured and managed approach to fire safety, please contact ACMS today by phone or email.
We will help you achieve effective, proportionate, and defensible compliance, giving you confidence that your legal fire safety duties are being met.
