- Office, shop or factoryThe employer, where the workplace is under their control.
- Block of flats, common partsThe freeholder or residents' management company. A managing agent takes on the duties for what it controls.
- House in multiple occupationThe landlord, or the other person in control of the house.
- Hospital, school or collegeThe trust, authority or organisation in control of the premises.
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Who is the Responsible Person?
Article 3 of the Fire Safety Order defines the Responsible Person. In a workplace it is the employer, where the workplace is under the employer's control. In any other premises it is the person who has control of the premises in connection with a trade, business or other undertaking, or, failing that, the owner.
Who is responsible in each type of building?
| Building | Usually the Responsible Person |
|---|---|
| Office, shop, factory or other workplace | The employer |
| Block of flats (common parts) | The freeholder or residents' management company; a managing agent acting for them takes on duties for the matters it controls |
| House in multiple occupation | The landlord or other person in control |
| Healthcare or education building | The trust, authority or organisation in control of the premises |
What if more than one person controls the building?
Anyone who has control of the premises to some extent, such as a managing agent or a facilities management company, takes on the duties for the parts they control. Where several Responsible Persons share a building, the Order requires them to co-operate and co-ordinate their fire safety arrangements.
What does the Responsible Person have to do?
Assess the fire risk (Article 9), put the fire precautions it identifies in place, and keep them maintained (Article 17). Every duty, article by article, is set out in the Regulatory Reform (Fire Safety) Order 2005 guide.
A further duty to appoint only a competent person to carry out the fire risk assessment (Article 9A) has been passed by the Building Safety Act 2022 but is not yet in force; government guidance already recommends a competent assessor.
How often should a fire risk assessment be reviewed?
The Order does not set an expiry date. It requires the assessment to be reviewed regularly and straight away if there is reason to think it is no longer valid or the premises have changed significantly. Typical triggers:
- Building works or alterations, including new services through walls and floors
- A change of use, occupancy or the people at risk
- A fire or near miss
- New legislation or guidance
Does the fire risk assessment need to be written down?
Yes. Since 1 October 2023 every Responsible Person must record the full fire risk assessment in writing, not only the significant findings, and record the name of the person or organisation who carried it out.
Who enforces it?
The local fire and rescue authority, which can inspect premises and issue notices; the penalties are covered in the Fire Safety Order guide. In residential buildings with two or more homes the duty also covers the structure, external walls and flat entrance doors, under the Fire Safety Act 2021.