Fire Safety Compliance for Businesses

Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person is the employer (if the premises are a workplace) or the person who has control of the premises (for example, a landlord or managing agent). In shared premises there may be multiple Responsible Persons who must co-operate with each other. The Responsible Person must take general fire precautions to ensure the safety of all people on the premises, including employees, contractors, visitors, and members of the public.

The core duty is to carry out a fire risk assessment, implement appropriate fire safety measures, review the assessment regularly, and keep it current. The assessment must be carried out by a competent person — someone with sufficient training, experience, knowledge, and other qualities to carry it out properly. For most small low-risk premises, this can be the employer using HSE/NFCC guidance. For complex or high-risk premises, an independent fire safety specialist should be commissioned.

A fire risk assessment should identify:

• Ignition sources: electrical equipment, naked flames, hot surfaces, arson risk
• Fuel sources: combustible materials, furnishings, waste, flammable liquids
• Oxygen sources: ventilation, air conditioning, oxygen-enriched environments
• People at risk: employees, visitors, those with mobility impairments, lone workers, those unfamiliar with the premises
• Existing controls and their adequacy: fire detection and alarm systems, emergency lighting, escape routes, fire doors, extinguishers, fire suppression systems

The assessment should then identify further action needed to remove or reduce risk. Where a risk cannot be eliminated, adequate mitigating controls must be in place. The written assessment (required for five or more employees) should be a live document — reviewed after any significant change to premises, activities, or staffing, and at regular intervals (at least annually for higher-risk premises).

The Responsible Person must ensure the premises have appropriate fire safety measures in place. These typically include: fire detection and warning — a suitable fire alarm system; means of escape — adequate and unobstructed fire exit routes, fire exit signage and emergency lighting; firefighting equipment — appropriate fire extinguishers, fire blankets in commercial kitchens; fire doors where required; and a written fire emergency plan setting out what employees must do in the event of fire.

You must also provide adequate fire safety information and training to all staff, including instruction on evacuation procedures, the location of exits, and who the fire marshals are. New employees must be trained before they start work. Fire drills should be carried out at least annually. For premises with sleeping accommodation (hotels, HMOs) the requirements are more stringent. The Fire Safety (England) Regulations 2022 added specific requirements for residential buildings following the Grenfell Tower inquiry.

The Regulatory Reform (Fire Safety) Order 2005 places the principal legal duty on the Responsible Person — defined as the employer where the premises are a workplace, or the person in control of the premises if no employer is present. In multi-occupied commercial buildings there may be several Responsible Persons — for example, the building owner for common areas and individual tenants for their own floors — and the law requires them to co-ordinate and share relevant information with each other. Where responsibilities overlap, formal co-operation agreements should be in place.

The fire risk assessment is the cornerstone of the Responsible Person's duties. Where five or more employees work at the premises, or where the premises require a licence (such as premises licensed for public entertainment), the assessment must be in writing and kept available for inspection by the fire authority. The assessment must identify all relevant fire hazards, the people at risk (including those with disabilities, night-shift workers, or persons unfamiliar with the layout), the controls already in place, and any further action required. It is not a one-off exercise: the Order requires it to be reviewed regularly and after any significant change.

Beyond the risk assessment, the Responsible Person must ensure that: fire safety measures are maintained in effective working order; employees receive comprehensible information and training about fire risks and emergency procedures; and where the workforce includes non-employees (contractors, agency workers, self-employed individuals), they receive equivalent information. The Responsible Person may delegate day-to-day fire safety management to a Competent Person — someone with appropriate training and experience — but cannot delegate the legal responsibility itself. Non-compliance with the Fire Safety Order is a criminal offence; serious breaches can result in an unlimited fine or imprisonment of up to two years.