Guide
Respond to fire safety enforcement action
What to do if you receive an enforcement notice, prohibition notice, or alterations notice from the fire and rescue service. Includes your right to appeal and how to avoid penalties.
If the fire and rescue service inspects your premises and finds you are not meeting fire safety requirements, they can take enforcement action. The type of action depends on how serious the issues are.
This guide explains the three types of enforcement notices, what each one means for your business, what you must do in response, and how to appeal if you believe a notice is wrong.
Types of enforcement action
Fire authorities have three enforcement tools under the Regulatory Reform (Fire Safety) Order 2005. Each serves a different purpose and has different consequences.
Alterations notice (Article 29)
An alterations notice is issued where your premises constitute a serious risk to relevant persons, or may do so after proposed changes. It does not mean you have done anything wrong - it means any future changes need to be notified to the fire authority first.
If you receive an alterations notice, you must notify the fire authority before making changes to:
- the structure of the premises
- services or fittings (such as fire detection, alarms, or emergency lighting)
- the quantity of dangerous substances stored
- how the premises are used
The fire authority may require you to submit an updated fire risk assessment and a summary of your proposed changes before you proceed.
Enforcement notice (Article 30)
An enforcement notice is issued when the fire authority believes you have failed to comply with a provision of the Fire Safety Order. This is formal confirmation that you are in breach of fire safety law.
The notice will:
- specify exactly which provision of the Order you have breached
- describe the specific failings identified
- require you to take stated remedial steps
- set a deadline for compliance (typically 28 days to 3 months, depending on severity)
Failing to comply with an enforcement notice is a criminal offence. This can result in prosecution, unlimited fines, and up to 2 years imprisonment.
Prohibition notice (Article 31)
A prohibition notice is the most serious enforcement action. It is issued where the fire authority believes the risk to relevant persons is so serious that use of the premises (or part of them) should be prohibited or restricted.
Key points about prohibition notices:
- Can take immediate effect - if the notice states there is imminent risk, it takes effect as soon as you receive it
- Can close your business - you may have to stop using all or part of your premises until the risk is eliminated
- Remains in force during appeal - unlike enforcement notices, you cannot continue operating while you appeal
Operating in breach of a prohibition notice is a serious criminal offence. The fire authority can seek immediate prosecution, and courts treat such breaches very seriously.
What to do if you receive a notice
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Read the notice carefully and completely
Understand exactly what breach is alleged, what remedial action is required, and when you must comply. If anything is unclear, contact the fire authority that issued the notice for clarification.
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Note the deadline
Mark the compliance deadline in your diary immediately. Missing the deadline on an enforcement notice is a criminal offence. Plan your remedial work to complete well before the deadline.
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Comply immediately with any prohibition notice
If you have received a prohibition notice, stop the prohibited use immediately. Do not assume you can continue while you prepare an appeal - the notice remains in force.
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Assess the required remedial work
Determine what work is needed to address the failings. This may require hiring contractors, fire safety consultants, or purchasing new equipment.
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Seek professional advice if needed
For complex issues or if you believe the notice is wrong, consider consulting a fire safety professional or solicitor. Get advice quickly - the 21-day appeal deadline is strict.
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Complete all remedial work
Address every issue specified in the notice. Document everything you do - photographs, receipts, and contractor reports all provide evidence of compliance.
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Notify the fire authority when complete
Contact the fire authority to confirm you have completed the required steps. Request a follow-up inspection if appropriate. Keep records of this notification.
Your right to appeal
You can appeal against any enforcement notice, prohibition notice, or alterations notice to a Magistrates' court.
- Appeal deadline
- Within 21 days of receiving the notice
- Appeal venue
- Magistrates' court
- Effect on enforcement notice
- Suspended pending appeal - you do not have to comply during the appeal
- Effect on prohibition notice
- Remains in force during appeal - you must still comply
- Court powers
- Can confirm, modify, or cancel the notice
If you are considering an appeal, you should:
- seek legal advice immediately - the 21-day deadline is absolute
- gather evidence supporting your case (expert reports, photographs, records)
- consider whether appeal is realistic - courts generally defer to fire authority expertise
- remember that prohibition notices remain in force during appeal
Appeals are most likely to succeed where the fire authority has made a clear error of fact or law, or where the requirements are disproportionate to the actual risk.
Penalties for non-compliance
Fire safety offences are criminal offences with serious penalties. Where a breach places people at risk of death or serious injury:
- Magistrates' Court - fine
- Unlimited
- Magistrates' Court - imprisonment
- Up to 6 months
- Crown Court - fine
- Unlimited
- Crown Court - imprisonment
- Up to 2 years
Current enforcement trends
Fire and rescue services have significantly increased enforcement activity following the Grenfell Tower inquiry. Understanding current trends helps you assess the seriousness of any notice you receive.
Preventing future enforcement action
The best way to avoid enforcement action is to ensure ongoing compliance with fire safety law. After addressing any current notice, take steps to prevent future issues:
- Review and update your fire risk assessment - this should be reviewed at least annually and after any significant changes
- Maintain all fire safety equipment - test fire alarms weekly, service extinguishers annually, check fire doors regularly
- Keep escape routes clear - blocked fire exits are the single most common enforcement issue
- Train your staff - provide fire safety training on induction and at least annually thereafter
- Conduct regular fire drills - at least once a year, covering all shift patterns
- Keep records - document all testing, training, and maintenance in a fire safety logbook