Identify the responsible person for fire safety in your building

How Article 3 defines responsible person

Article 3 of the Fire Safety Order uses a three-tier test. If the first tier applies to someone, they are the responsible person. If not, the second tier is considered, and so on:

1. Tier 1 - Employer: Where the workplace is to any extent under the control of the employer, the employer is the responsible person for areas under their control
2. Tier 2 - Person with control: Where a person (who is not an employer) has control of premises in connection with carrying on a trade, business, or undertaking (whether for profit or not), that person is the responsible person
3. Tier 3 - Owner: Where neither of the above applies, the owner is the responsible person

The key phrase is "control of premises". Whoever has control has fire safety duties. Control does not require ownership; a tenant with exclusive occupation has control of their demise.

Scenario 1: Freeholder owns building outright

Where the freeholder owns the entire building and controls all areas (no leasehold interests, no managing agent with delegated authority):

• Responsible person: The freeholder
• Scope of duty: Entire building including all common parts, structure, external walls, and any let premises to the extent the freeholder retains control

If the freeholder is a company, the company is the responsible person. Directors can be personally liable if offences are committed with their consent, connivance, or through their neglect (Article 32(8)).

Example: Landlord with single-let property

A landlord owns a building let to a single commercial tenant on a full repairing and insuring (FRI) lease. In this case:

• The tenant is responsible for fire safety within their demised premises (they have control)
• The landlord retains responsibility for any retained parts (stairwells, corridors, external structure if lease excludes these)

Always check the lease to understand who controls what.

Scenario 2: Resident Management Company (RMC)

Where leaseholders have purchased the freehold through an RMC (sometimes called a Right to Manage company or RTM):

• Responsible person: The RMC (as a corporate body)
• Directors' liability: RMC directors can be personally prosecuted for fire safety failures if they consented to, connived at, or neglected the breach

RMC directors are often unpaid volunteers who are also residents. This does not reduce their legal exposure. If the RMC controls the common parts, the RMC has fire safety duties for those areas.

What RMC directors should do

• Ensure the RMC has adequate fire safety insurance, including directors' and officers' liability cover
• Verify that any managing agent is actually carrying out fire safety duties as contracted
• Keep records of fire risk assessments, inspections, and remedial actions
• Ensure at least one director understands fire safety duties and monitors compliance

Scenario 3: Managing agent appointed

Where a freeholder or RMC appoints a managing agent to manage the building:

• Primary responsible person: The freeholder or RMC (whoever holds the freehold/has control)
• Managing agent's position: May also be a responsible person if given sufficient control

When is a managing agent a responsible person?

A managing agent becomes a responsible person under Article 3 if they have "control of premises in connection with carrying on a trade, business or undertaking". This typically occurs when:

• The management agreement gives the agent day-to-day control of fire safety matters
• The agent makes decisions about fire safety measures, contractors, and inspections
• The agent has delegated authority to commission fire risk assessments and remedial works

In practice, most managing agents who actively manage buildings (rather than just collecting service charges) have enough control to be responsible persons in their own right.

Both can be prosecuted

The Fire Authority can prosecute any or all responsible persons. A freeholder cannot escape liability by arguing "we appointed an agent". Similarly, an agent cannot escape liability by arguing "we were just following instructions".

Scenario 4: Multiple responsible persons (Article 22)

Most multi-occupied buildings have multiple responsible persons. This is normal and legally recognised. The Fire Safety Order requires all responsible persons to cooperate and coordinate under Article 22.

Typical multiple responsible person structure in a block of flats

All parties must share information about fire risks in their areas that could affect others. For example, a ground-floor restaurant must inform the freeholder if they introduce a new cooking process that changes fire risk.

Scenario 5: Housing associations and local authorities

Social landlords (housing associations, local authorities, and ALMOs) are responsible persons for buildings they own or manage:

• Registered Provider of Social Housing: Responsible person for common parts and structure of their housing stock
• Local authority housing department: Responsible person for council housing common parts and structure
• Arms-length Management Organisation (ALMO): May also be a responsible person if given control

Regulatory scrutiny

Since the Grenfell Tower fire, social landlords face heightened scrutiny. The Regulator of Social Housing has powers to intervene in serious fire safety failures. The Housing Ombudsman can investigate complaints about fire safety management.

Social landlords with high-rise residential buildings (18m+ or 7+ storeys) also have duties under the Building Safety Act 2022, requiring registration with the Building Safety Regulator.

Scenario 6: Mixed-use buildings

Buildings with both commercial and residential uses typically have multiple responsible persons with overlapping areas of responsibility:

• Freeholder: Building structure, external walls, shared escape routes
• Commercial tenant(s): Their demised commercial premises
• RMC or residential managing agent: Residential common parts
• Individual residential leaseholders: Their flats

Critical coordination points

Mixed-use buildings require careful coordination because:

• Escape routes may be shared between commercial and residential occupants
• Fire alarm systems may need to be linked or coordinated
• Commercial activities (cooking, storage of flammable goods) can create fire risks affecting residential areas
• Hours of operation differ - commercial premises may be empty when residential areas are occupied

The Article 22 duty to cooperate is especially important in mixed-use buildings. All responsible persons must ensure their fire risk assessments consider how their activities affect other parts of the building.

You cannot contract out of fire safety responsibility

One of the most important principles is that fire safety duties cannot be transferred by contract. Article 5(4) of the Fire Safety Order states that nothing in any agreement can remove or restrict a responsible person's duties.

What this means in practice:

• Lease clauses requiring tenants to handle fire safety do not remove the landlord's duties for common parts or structure
• Management agreements appointing agents to manage fire safety do not transfer legal responsibility from the freeholder or RMC
• Service contracts with fire safety companies do not make those companies the responsible person
• Indemnity clauses may provide contractual remedies but do not affect who the Fire Authority can prosecute

A freeholder who appoints a managing agent remains a responsible person. A managing agent who subcontracts work to a fire safety company remains a responsible person. The chain of contractual relationships does not break the statutory duty.

Decision flowchart: Are you a responsible person?

Use this flowchart to determine if you are likely to be a responsible person:

What responsible persons must do

Once you have identified that you are a responsible person, you have duties under the Fire Safety Order. The main duties are:

• Carry out a fire risk assessment for areas under your control (or appoint someone competent to do so)
• Implement fire safety measures proportionate to the risks identified
• Maintain fire safety equipment in efficient working order
• Provide information to employees (and residents in residential buildings)
• Cooperate with other responsible persons under Article 22
• Keep records of fire risk assessments, inspections, and remedial actions

For multi-occupied residential buildings, the Fire Safety Act 2021 clarified that fire risk assessments must include external walls (including cladding) and flat entrance doors. The Fire Safety (England) Regulations 2022 added specific duties for fire door inspections and resident information.

Common mistakes to avoid

• Assuming the managing agent handles everything - The agent works for you, but you remain responsible. Check what they are actually doing.
• Believing insurance covers responsibility - Insurance pays claims; it does not prevent prosecution or transfer legal duty.
• Thinking volunteer directors are exempt - RMC directors have the same duties whether paid or unpaid.
• Relying on old documentation - Responsibilities can change when leases are renewed, freeholds are purchased, or management arrangements change.
• Failing to cooperate with other RPs - If you do not share information with others who have fire safety duties in the same building, you are breaching Article 22.
• Assuming residential buildings are exempt - The Fire Safety Order applies to multi-occupied residential buildings. The Fire Safety Act 2021 removed any doubt about this.

Next steps

If you have identified that you are a responsible person:

1. Check your fire risk assessment - Is it up to date? Does it cover all areas under your control? For residential buildings, does it cover external walls and flat entrance doors?
2. Identify other responsible persons - Who else has fire safety duties in the same building? Contact them to establish cooperation arrangements.
3. Review your records - Do you have records of fire risk assessments, fire door inspections, equipment maintenance, and training?
4. Check your insurance - Does your public liability and directors' insurance cover fire safety liabilities?
5. Seek professional advice if uncertain - A competent fire risk assessor or fire safety consultant can advise on your specific situation.