Fire safety duties for Scottish businesses

Scotland's duty holder system

The fundamental principle of Scottish fire safety law is that everyone with any control over premises shares responsibility. This "duty holder" concept is unique to Scotland and has important practical consequences.

Why the duty holder system matters

In practice, the duty holder system means:

• Landlords cannot pass all responsibility to tenants. Even when premises are fully let, landlords retain duties for common areas, building structure, and fire safety features under their control (fire alarm systems, sprinklers, fire doors in common parts).
• Tenants have duties for their own areas. A tenant with exclusive occupation is a duty holder for that space and must carry out their own fire risk assessment.
• Managing agents share responsibility. If you manage premises on behalf of an owner, you are a duty holder with duties based on your management contract.
• Cooperation is mandatory. Section 55 requires all duty holders to cooperate and coordinate fire safety arrangements. Failure to cooperate is itself an offence.

This creates a web of shared responsibility. If a fire causes harm because fire safety measures were inadequate, the Scottish Fire and Rescue Service can investigate and prosecute all duty holders who failed in their duties - not just the primary occupier.

Who counts as a duty holder?

Section 54 of the Fire (Scotland) Act 2005 defines duty holders broadly. You are a duty holder if you have control over any part of non-domestic premises, including:

Employers

If you employ people and have any control over the workplace, you are a duty holder. This applies whether you own the premises, lease them, or operate from shared space.

Owners

Property owners are duty holders even if they do not occupy the premises. If you own a building and lease it to businesses, you remain a duty holder with responsibilities for:

• Common areas (stairs, corridors, car parks)
• Building structure and compartmentation
• Central fire detection and alarm systems
• Emergency lighting in common parts
• External escape routes

Occupiers and tenants

Anyone occupying premises is a duty holder for the areas under their control. Business tenants must:

• Carry out fire risk assessment for their own unit
• Provide fire safety measures appropriate to their activities
• Train their staff
• Coordinate with other duty holders (landlord, other tenants)

Managing agents and facilities managers

If you manage premises on behalf of an owner, you are a duty holder with duties that match your contracted responsibilities. Managing agents typically have duties for:

• Maintaining fire safety equipment
• Keeping escape routes clear
• Coordinating fire safety arrangements
• Ensuring fire risk assessments are carried out and reviewed

Fire risk assessment requirements

Every duty holder must carry out a fire risk assessment for the parts of the premises under their control. This is the foundation of all other fire safety duties - your assessment determines what fire safety measures you need.

The 5-step fire risk assessment process

The Scottish Fire and Rescue Service recommends the same 5-step process used across the UK:

1. Identify fire hazards: Sources of ignition, fuel, and oxygen
2. Identify people at risk: Employees, visitors, contractors, vulnerable persons
3. Evaluate risks and decide on precautions: What fire safety measures are needed?
4. Record, plan, inform, instruct, train: Document findings and implement measures
5. Review: Keep assessment under regular review, update when circumstances change

When to record the assessment

You must record your fire risk assessment in writing if:

• You have 5 or more employees, OR
• The premises require a licence (alcohol, entertainment, etc.), OR
• An alterations notice is in force, OR
• SFRS has required it by enforcement notice

Even if not legally required, SFRS strongly recommends recording all assessments. A written record demonstrates your compliance and helps when reviewing and updating.

Who can carry out the assessment?

The assessment must be carried out by a "competent person" - someone with sufficient training, experience, knowledge, and qualifications. For simple, low-risk premises (small offices, retail units), you can often do this yourself using SFRS guidance. For complex or high-risk premises, consider hiring a professional fire risk assessor.

General fire precautions

Based on your fire risk assessment, you must implement appropriate fire precautions. The Fire Safety (Scotland) Regulations 2006 specify the measures required.

Fire detection and alarms

You must provide appropriate means of detecting fire and giving warning. What is "appropriate" depends on your premises:

• Very small premises where everyone can see each other: Shouting "Fire!" may be adequate
• Most small premises: Manual fire alarm with break-glass call points and sounders
• Medium to large premises: Automatic fire detection linked to the alarm
• Complex or high-risk premises: Sophisticated detection systems with zoning

Testing: Test your fire alarm weekly by activating a different call point each time. Record all tests in your fire safety logbook.

Firefighting equipment

Provide firefighting equipment appropriate to the risks:

• Minimum for most premises: At least 2 water or foam extinguishers (Class A) per floor, plus CO2 extinguisher for electrical risks
• Position: No person should be more than 30 metres from an appropriate extinguisher
• Servicing: Annual professional inspection and servicing
• Training: Staff should know how to use extinguishers (but never put themselves at risk)

Escape routes and fire doors

You must provide safe means of escape:

• Escape routes must be kept clear at all times - no storage in corridors or stairwells
• Fire doors must close properly - check self-closing mechanisms regularly
• Never wedge fire doors open unless fitted with automatic release linked to fire alarm
• Emergency exits must not be locked when premises are occupied
• Display "Fire exit" signs with running man symbol
• Provide emergency lighting that activates if power fails

Staff training requirements

All employees must receive fire safety training. This is not optional - it is a legal duty.

When to train

• On starting work: Ideally on the first day, definitely within the first week
• When exposed to new fire risks: After role changes, building changes, or process changes
• At regular intervals: Annual refresher training recommended

What training must cover

All staff must know:

• What to do if they discover a fire (raise alarm, evacuate, call 999)
• What to do when they hear the fire alarm (evacuate immediately)
• Location of escape routes, exits, and assembly points
• Not to re-enter the building until authorised
• Any specific risks in their work area

Fire drills

Conduct fire drills at least once a year - SFRS recommends every 6 months. Record:

• Date and time
• How the alarm was raised
• Time taken to evacuate
• Any problems encountered
• Actions taken to address problems

Fire wardens

Larger premises need designated fire wardens. Recommended ratios:

• Low-risk premises: 1 fire warden per 50 occupants
• Medium-risk premises: 1 per 20 occupants
• High-risk premises: 1 per 15 occupants

Ensure coverage for all shifts and allow for holidays and absences.

SFRS enforcement powers

The Scottish Fire and Rescue Service is the sole enforcing authority for fire safety in non-domestic premises throughout Scotland. They have wide powers to inspect, require improvements, and prosecute.

What happens during an inspection

SFRS officers can visit your premises announced or unannounced. During an inspection they will typically:

1. Examine your fire risk assessment
2. Walk through the premises checking escape routes, fire doors, alarms, extinguishers
3. Check maintenance records and training records
4. Interview staff about their fire safety knowledge
5. Identify any deficiencies

After the inspection, they may:

• Give informal advice: Verbal or written guidance on improvements
• Issue enforcement notice: Formal notice requiring specific action within deadline
• Issue prohibition notice: Immediate closure if serious risk exists
• Recommend prosecution: For serious or repeated breaches

Appealing a notice

If you disagree with an enforcement or prohibition notice, you can appeal to the Sheriff Court within 21 days. Important points:

• Appeals against enforcement notices suspend the notice until the appeal is decided
• Appeals against prohibition notices do NOT suspend the notice - the prohibition remains in force during the appeal
• Consider seeking legal advice before appealing - the burden is on you to prove the notice is wrong

Penalties for non-compliance

Breaching fire safety duties is a criminal offence. The penalties are significant and can include imprisonment.

Who can be prosecuted?

The Fire (Scotland) Act allows prosecution of:

• Individual duty holders: Anyone with fire safety duties who fails to comply
• Companies and organisations: Bodies corporate can be prosecuted and fined
• Directors and officers: Personal liability if offence committed with consent, connivance, or due to neglect

This means company directors cannot hide behind the corporate structure. If you knew about fire safety failings and did nothing, or if you failed to ensure proper fire safety management, you can face personal prosecution.

Recent enforcement examples

SFRS actively enforces fire safety law. Recent cases include:

• Care home with blocked fire exits: 15,000 GBP fine
• Landlord with inadequate fire detection in HMO: 8,000 GBP fine plus costs
• Restaurant with no fire risk assessment and wedged-open fire doors: 12,000 GBP fine
• Hotel with failed fire alarm system: 25,000 GBP fine

For the most serious cases - particularly where lives are put at risk or where there is repeated non-compliance - prosecution on indictment can lead to imprisonment for up to 2 years.

Key differences from England and Wales

If you operate across the UK, understanding the differences between Scottish and English fire safety law is essential.

Practical guidance for cross-border businesses

If you have premises in both Scotland and England or Wales:

• Maintain separate fire risk assessments for Scottish and English premises, citing the correct legislation
• Understand the duty holder difference: In Scotland you cannot fully contract out fire safety duties; in England landlords have more flexibility
• Know your enforcer: SFRS for Scotland, regional fire authorities for England/Wales
• Fire Safety Act 2021: Applies only in England - does not extend the scope of Scottish law
• Building Safety Act 2022: Applies only in England - Scotland has separate building standards regime

The good news: the practical fire safety measures are very similar. If your premises meet English requirements, they will likely meet Scottish requirements too. The differences are mainly in legal framework and enforcement structure.

Common compliance failures

These are the most common fire safety failings that lead to enforcement action in Scotland:

• No fire risk assessment: Or assessment that is out of date or not recorded when required
• Blocked escape routes: Storage in corridors, locked fire exits, obstructed doorways
• Fire doors wedged open: Fire doors must remain closed unless fitted with automatic release
• No staff training records: Cannot prove staff have been trained
• Untested fire alarms: Weekly testing not carried out or not recorded
• No fire drills: Staff do not know what to do in an emergency
• Poor coordination between duty holders: Landlord and tenant not cooperating on fire safety
• Assuming someone else is responsible: In shared premises, each duty holder must fulfil their own duties

Action plan for compliance

Follow these steps to ensure your Scottish premises comply with fire safety law: