If you control business premises in England or Wales, fire safety law makes you the 'responsible person'. This means you must assess fire risks, implement fire safety measures, and protect everyone who uses or visits your premises.

The Regulatory Reform (Fire Safety) Order 2005 (commonly called the Fire Safety Order) is the main fire safety law. It replaced over 100 pieces of older fire safety legislation with a single, risk-based approach. The key principle: your fire safety measures must be proportionate to the risks you identify in your fire risk assessment.

This guide explains who counts as a responsible person, what you must do to comply with Articles 8 to 22 of the Order, and what happens if you do not comply.

Are you a responsible person?

You are a responsible person if you have control over business premises. This includes:

Employers where the workplace is under your control
Owners or landlords of business premises
Anyone with control over the premises or part of it - including managing agents, facilities managers, and tenants with exclusive occupation

In multi-occupied buildings such as office blocks, shopping centres, or business parks, there can be several responsible persons. Each is responsible for the areas under their control. You must cooperate and coordinate with other responsible persons to ensure fire safety across the whole building.

You cannot charge employees for fire safety measures. Fire safety equipment, training, and other fire safety requirements are your legal obligation as the responsible person.

Regulatory Reform (Fire Safety) Order 2005

The 'responsible person' (employer, owner or occupier) must carry out a fire risk assessment for any non-domestic premises and implement appropriate fire safety measures. This applies to all hospitality premises including hotels, restaurants, pubs and nightclubs.

Who is the responsible person?

The responsible person is the employer, owner, landlord, occupier, or anyone with control of the premises. In hospitality, this is typically the business owner or manager.

Fire risk assessment

The responsible person must carry out and regularly review a fire risk assessment covering:

Identification of fire hazards (ignition sources, fuel, oxygen)
Identification of people at risk (employees, customers, vulnerable persons)
Evaluation and reduction of risks
Recording findings and fire safety plan (if 5+ employees)
Regular review and updates

Fire safety measures

Based on the risk assessment, implement appropriate measures including:

Fire detection and warning systems (smoke alarms, fire alarm panels)
Fire-fighting equipment (extinguishers, fire blankets)
Emergency escape routes and lighting
Fire safety signs and notices
Fire doors kept clear and free to close
Staff training on fire procedures
Emergency evacuation plan and drills

Fire Safety Act 2021 (from January 2022)

For buildings containing two or more sets of domestic premises (e.g. hotels, aparthotels), the responsible person must now assess fire risks in external walls, entrance doors to flats, and windows.

Step 1: Appoint a competent person to conduct fire risk assessment (may be yourself if trained)
Step 2: Complete fire risk assessment identifying hazards and persons at risk
Step 3: Implement control measures to reduce fire risk
Step 4: Ensure fire detection systems are installed and maintained
Step 5: Provide adequate fire-fighting equipment (extinguishers) and arrange annual servicing
Step 6: Establish clear evacuation routes with emergency lighting and signage
Step 7: Designate assembly point and ensure staff know evacuation procedures
Step 8: Train all staff on fire safety procedures during induction
Step 9: Conduct regular fire drills (at least annually)
Step 10: Record fire risk assessment findings if you employ 5 or more people
Step 11: Review fire risk assessment annually or after significant changes

Fire safety risk assessment guidance

Your core duties (Articles 8 to 22)

The Fire Safety Order places specific duties on responsible persons. These are set out in Articles 8 to 22 of the Order. Here is what each key duty requires you to do.

Article 8: Take general fire precautions

You must take fire precautions that ensure, so far as is reasonably practicable, the safety of your employees and anyone else who might be affected by fire on your premises. This is the overarching duty that all other requirements support.

Article 9: Carry out a fire risk assessment

This is the foundation of fire safety compliance. You must carry out a suitable and sufficient assessment of the fire risks to everyone who uses or visits your premises. The assessment identifies what fire safety measures you need.

Fire risk assessment legal requirements

Mandatory fire safety risk assessment obligations under the Regulatory Reform (Fire Safety) Order 2005, including the 5-step process.

UK law requires all businesses and organisations to carry out a fire risk assessment. This is a legal duty under the Regulatory Reform (Fire Safety) Order 2005.

Legislation: Regulatory Reform (Fire Safety) Order 2005
Who must comply: Employers, building owners, landlords, occupiers, or anyone with control of premises
Recording requirement (updated October 2023): All fire risk assessments must now be recorded in writing - previous exemption for businesses with fewer than 5 employees has been removed
Review frequency: At least annually, or whenever there are significant changes to the premises, work processes, or occupants
Enforcement: Local fire and rescue authorities
Penalties for non-compliance: Unlimited fines and/or up to 2 years imprisonment for serious breaches
Average fine: £47,000 for fire safety offences (2023 data)

October 2023 change: The law changed to require all fire risk assessments to be recorded in writing, regardless of business size. Previously, only businesses with 5 or more employees had to record assessments.

Enforcement and penalties: Local fire and rescue authorities enforce fire safety law. They can issue enforcement notices requiring improvements, prohibition notices closing premises, and prosecute serious breaches. Penalties include unlimited fines and imprisonment.

Fire safety risk assessment - 5-step checklist

Article 10: Apply the principles of prevention

When deciding how to manage fire risks, you must apply these principles in order:

Avoid risks altogether where possible
Evaluate risks that cannot be avoided
Combat risks at source
Adapt to technical progress
Replace dangerous materials or processes with less dangerous alternatives
Develop a coherent overall prevention policy
Give collective protective measures priority over individual measures
Give appropriate instructions to employees

Article 11: Make fire safety arrangements

You must make and give effect to arrangements for effective planning, organisation, control, monitoring and review of your fire safety measures. For all premises, you must record these arrangements in writing. The Fire Safety Act 2021 removed the previous exemption for small businesses.

Article 12: Control dangerous substances

If dangerous substances such as flammable liquids, gases, or combustible dusts are present on your premises, you must eliminate or reduce the fire and explosion risks they create. This means:

Replacing dangerous substances with safer alternatives where possible
Controlling risks at source through proper storage, ventilation, and handling procedures
Having emergency procedures for incidents involving dangerous substances

Fire detection, alarms, and firefighting equipment (Article 13)

You must provide appropriate fire detection and warning systems, and firefighting equipment. What counts as 'appropriate' depends on your premises and risk level:

Fire detection and alarms

Very small, simple premises (where everyone can see each other): Shouting 'Fire!' may suffice
Most small premises: Manual fire alarm with break-glass call points and sounders
Medium to large premises: Automatic fire detection linked to the alarm system
High-risk or complex premises: L1 or L2 category systems with comprehensive detection

Firefighting equipment

Minimum requirements for most premises:

At least 2 Class A fire extinguishers (water or foam) on every floor
At least one CO2 extinguisher for electrical fires (2kg minimum)
Position extinguishers so no person is more than 30 metres from an appropriate extinguisher
Mount extinguishers visibly on escape routes, near exits, and close to fire alarm call points

You may also need:

Wet chemical extinguishers for commercial kitchens with deep-fat fryers
Dry powder extinguishers for boiler rooms or gas installations
Fire blankets in kitchen areas

Emergency routes and exits (Article 14)

You must provide safe means of escape from your premises. This means:

Escape routes must lead as directly as possible to a place of safety
Escape routes must be kept clear at all times - no storage, no obstructions
Emergency doors must open in the direction of escape and must not be locked when the premises are occupied
Fire doors must close properly - check self-closing mechanisms weekly
Emergency lighting must be provided in escape routes
Fire exit signs must be displayed at all escape routes and final exits

Never wedge fire doors open unless they are fitted with automatic release mechanisms linked to the fire alarm. Display 'Fire door - keep shut' signs on all fire doors.

Procedures for emergencies (Article 15)

You must establish procedures for serious and imminent danger. This includes:

Written procedures detailing what happens if fire breaks out
Nominating competent persons to implement evacuation procedures (fire wardens)
Ensuring everyone knows what to do in an emergency

Maintenance (Article 17)

All fire safety equipment and facilities must be maintained in efficient working order. This includes:

Fire alarm systems: Test weekly (different call point each week), service by qualified engineers every 6 months
Fire extinguishers: Annual professional servicing with certification
Emergency lighting: Monthly functional test, annual full duration test, annual professional service
Fire doors: Weekly visual check of self-closing mechanisms and seals
Escape routes: Daily check to ensure clear and unobstructed

Keep a fire safety logbook recording all tests, maintenance, and servicing. This demonstrates your compliance if the fire authority inspects your premises.

Competent assistance (Article 18)

You must appoint one or more competent persons to assist you with fire safety. A competent person has sufficient training, experience, knowledge and other qualities to properly assist with fire safety matters.

This could be:

An employee with appropriate training and experience
An external fire safety consultant

Give preference to in-house competence where available. This is often more practical and cost-effective for ongoing fire safety management.

Information and training (Articles 19-21)

You must provide information and training to everyone who needs it.

Information for employees (Article 19)

You must tell your employees about:

The fire risks identified in your risk assessment
The fire safety measures you have put in place
Evacuation procedures
Who is responsible for implementing evacuation (fire wardens)

Information for other employers (Article 20)

If employees from other organisations work on your premises (contractors, cleaners, delivery drivers), you must provide relevant fire safety information to their employers.

Training (Article 21)

All employees must receive fire safety training:

When first employed - ideally on induction, definitely within the first week
When exposed to new fire risks - change of role, new processes, building changes
At regular intervals - annual refresher training recommended

Training must cover:

What to do if you discover a fire (raise alarm, evacuate, call 999)
What to do when you hear the fire alarm (evacuate via nearest safe exit)
Location of escape routes and exits
Location of assembly point
Not to re-enter the building until authorised

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. Fire wardens need additional training - typically a half-day course.

Fire warden ratios and training

Recommended fire warden staffing ratios by risk level. Reusable procedure.

Fire wardens (or fire marshals) coordinate evacuation, sweep areas, manage assembly points, and liaise with the fire service. Article 15 requires sufficient competent persons to implement evacuation procedures.

Low risk premises: 1 fire warden per 50 occupants
Medium risk premises: 1 fire warden per 20 occupants
High risk premises: 1 fire warden per 15 occupants
Shift coverage: Ensure cover for all shifts, allow for holidays/absences

Fire warden duties

Know all escape routes and assembly points
Sweep designated area on alarm activation
Check all persons have evacuated (including toilets, meeting rooms)
Report to assembly point and account for personnel
Prevent re-entry until authorised by senior warden or fire service
Liaise with fire service on arrival

Training: Half-day or full-day course (typically £100-300 per person)
Refresher: Annual refresher training recommended
Fire drills: At least once per year (all shift patterns), record time and issues

Fire drills

Conduct fire drills at least once a year. Record the time taken to evacuate, any problems encountered, and actions taken to address them.

Cooperation and coordination (Article 22)

If you share premises with other responsible persons, you must:

Exchange contact details
Cooperate on fire safety compliance
Coordinate your fire safety arrangements
Share fire risk assessment findings
Inform each other of any fire risks you identify

This is particularly important in multi-occupied buildings such as office blocks, shopping centres, and industrial estates.

Fire Safety Act 2021: Extended scope for residential buildings

The Fire Safety Act 2021 clarifies and extends the scope of the Fire Safety Order for multi-occupied residential buildings. If you are a responsible person for such a building, you must now include in your fire risk assessment:

External walls including cladding systems, balconies, and anything attached to the exterior
Flat entrance doors between domestic premises and common parts
Building structure as it affects fire safety

This clarification came into force in May 2022 in England and October 2021 in Wales. It followed the Grenfell Tower fire and ensures responsible persons cannot claim external walls or flat doors are outside scope.

What happens if you do not comply

Fire and rescue services enforce the Fire Safety Order. They can visit your premises announced or unannounced to check compliance.

Enforcement powers

Enforcement notices: If you are not complying, the fire authority can issue an enforcement notice specifying what you must do and by when. Typical timeframes are 28 days to 3 months depending on severity. Failure to comply with an enforcement notice is a criminal offence.

Prohibition notices: If there is a serious risk to life, the fire authority can issue a prohibition notice. This can result in immediate closure of your premises (or parts of it) until the risk is eliminated. Operating in breach of a prohibition notice is a serious criminal offence.

Alterations notices: For premises that constitute a serious risk, the fire authority can require you to notify them before making any material changes to the premises or its use.

Criminal penalties

Fire safety offences are criminal offences. If you breach the Order in a way that places people at risk of death or serious injury:

Magistrates' Court: Unlimited fine and/or up to 6 months imprisonment
Crown Court: Unlimited fine and/or up to 2 years imprisonment
Director and manager liability: Personal prosecution if offence committed with consent, connivance, or neglect
Average fine (2023): £47,000 for fire safety offences

Real prosecution examples

Courts take fire safety breaches seriously, particularly since the Grenfell Tower fire:

Care home with inadequate escape routes: Over £150,000 fine
Retailer blocking fire exits with stock: £400,000 fine
Landlords with faulty fire alarms and doors: £40,000 to £66,000 fines
Restaurant with no fire risk assessment: £30,000 fine

Common compliance failures to avoid

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

No written fire risk assessment - now required for all premises, regardless of size
Out-of-date assessment - must be reviewed at least annually and after significant changes
Blocked fire exits - the single most common breach
Wedged-open fire doors - fire doors must remain closed unless fitted with automatic release
No staff training records - you must be able to prove training was provided
Untested fire alarms - weekly tests are required by law
No fire drills - annual drills are required
Flammable materials near ignition sources - keep combustibles away from electrical panels and heaters
Assuming someone else is responsible - in multi-occupied buildings, clarify responsibilities in writing

Action plan for compliance

Confirm you are a responsible person

Check if you have control over premises. If you employ people or own/manage business premises, you are almost certainly a responsible person.
Conduct or review your fire risk assessment

Carry out a suitable and sufficient fire risk assessment. For simple, low-risk premises you can do this yourself. For complex or high-risk premises, hire a competent fire risk assessor. Record the assessment in writing.
Implement fire safety measures

Based on your assessment, put in place fire detection, alarms, firefighting equipment, emergency lighting, fire doors, escape routes, and signage proportionate to your risks.
Establish emergency procedures

Create a written fire action plan detailing what to do if fire breaks out. Appoint fire wardens if you have larger premises. Display fire action notices.
Train your staff

Provide fire safety training to all employees on induction and annually. Train fire wardens in their additional duties. Keep records of all training.
Set up maintenance schedules

Test fire alarms weekly, emergency lighting monthly, service all equipment annually. Keep a fire safety logbook.
Conduct fire drills

Run fire drills at least annually covering all shift patterns. Record results and address any problems identified.
Coordinate with other responsible persons

If you share premises, establish contact with other responsible persons. Agree who is responsible for what. Share fire safety information.
Review regularly

Review your fire risk assessment at least annually, or sooner if there are significant changes to premises, occupants, or work activities.

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