Essential guide for RMC directors to understand fire safety duties, personal liability, and how to protect yourself while ensuring your building is compliant with the Fire Safety Order 2005 and Fire Safety Act 2021.
RunningUpdated 2 November 2026
Who this journey is for
This journey is for directors of Resident Management Companies (RMCs) and Right to Manage (RTM) companies who have responsibility for fire safety in their buildings.
If you are a leaseholder who serves as a director of the company that owns or manages your building's common parts, you have legal fire safety duties. This journey explains what those duties are, your personal liability exposure, and how to protect yourself.
Part 1: Understanding your position as responsible person
The RMC is the responsible person
If your RMC owns the freehold or controls the common parts of a building, the RMC is the responsible person for fire safety under the Regulatory Reform (Fire Safety) Order 2005.
The responsible person has legal duties to:
Carry out a suitable and sufficient fire risk assessment
Implement fire safety measures based on that assessment
Maintain fire detection, alarm, and firefighting equipment
Ensure safe means of escape
Provide fire safety information to residents
Cooperate with other responsible persons in the building
Detailed guide to determining who is legally responsible for fire safety in different building structures
Part 2: Director personal liability
Article 32(8) - The provision that keeps RMC directors awake at night
Article 32(8) of the Fire Safety Order states that where an offence is committed by a body corporate (such as an RMC) and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or similar officer, that individual is guilty of the offence as well as the company.
In plain English: if your RMC fails to comply with fire safety law and you, as a director, either:
Consented - you agreed to the breach or allowed it to happen
Connived - you turned a blind eye to the problem
Neglected - you failed to exercise proper oversight of fire safety
...then you can be personally prosecuted, fined, and potentially imprisoned.
What 'neglect' means for RMC directors
The most relevant limb for RMC directors is usually neglect. Neglect can include:
Failing to ensure a fire risk assessment is carried out
Not checking that the managing agent is actually doing fire safety work
Ignoring reports of fire safety defects
Not reading board papers that flag fire safety issues
Never asking about fire safety at board meetings
Assuming someone else is handling it without verifying
Part 3: Fire risk assessment
The foundation of fire safety compliance
Your RMC must have a suitable and sufficient fire risk assessment (FRA) for all common parts under its control. This is not optional - it is a criminal offence not to have one.
Since the Fire Safety Act 2021, the fire risk assessment must also cover:
External walls - including cladding, balconies, windows, and anything attached to the exterior
Flat entrance doors - doors that open onto common corridors or stairwells
The assessment must be recorded in writing. There are no exemptions based on building size.
Step-by-step guide to fire risk assessment including the 5-step process
Who should carry out the assessment?
The RMC can conduct the assessment itself (through a competent director or employee) or appoint a professionally qualified fire risk assessor. For most residential blocks, using a professional is strongly recommended because:
Fire safety law is complex, especially since the Fire Safety Act 2021
A professional assessment provides evidence you discharged your duty of care
It demonstrates due diligence if prosecution ever occurs
Part 4: Fire door inspections
Post-Grenfell requirements
The Fire Safety (England) Regulations 2022 introduced mandatory fire door inspection requirements for buildings where the top storey is above 11 metres (typically more than four storeys).
If your building meets this height threshold, you must:
Quarterly - Inspect fire doors in communal areas (corridors, stairwells, lobbies)
Annually - Inspect flat entrance doors (making 'best endeavours' to gain access)
Even if your building is below 11 metres, fire doors remain part of your general fire safety duties and should be checked regularly.
Complete guide to fire door inspection requirements, what to check, and record-keeping
Part 5: Working with managing agents
Delegation does not remove legal responsibility
Many RMCs appoint a managing agent to handle day-to-day building management, including fire safety. This is sensible and common practice. However, it is critical to understand:
The RMC remains the responsible person - appointing an agent does not transfer legal liability
Directors must still oversee fire safety - you cannot simply assume the agent is handling everything
The agent may also be a responsible person - if they have sufficient control, both RMC and agent can be prosecuted
What RMC directors should do
To discharge your duty of oversight:
Review the management agreement - check what fire safety duties are included and what the agent is actually contracted to do
Request regular fire safety reports - at least quarterly, covering FRA status, fire door inspections, equipment maintenance, and any defects
Check records exist - ask to see fire alarm test logs, fire door inspection records, and equipment servicing certificates
Verify the FRA is current - when was it last reviewed? Does it cover external walls and flat entrance doors?
Act on defects - if the agent reports fire safety defects, ensure remediation is approved and completed
Minute fire safety discussions - record that the board considered fire safety and what actions were taken
Part 6: Protecting yourself as a director
Insurance considerations
RMC directors should ensure appropriate insurance is in place:
Directors' and Officers' (D&O) liability insurance - covers legal costs and damages if directors are personally sued or prosecuted
Public liability insurance - covers claims from third parties for injury or damage
Buildings insurance with terrorism cover - may be required by lease and should cover fire damage
Demonstrating due diligence
If prosecution ever occurs, your best defence is demonstrating that you exercised proper care. Evidence that helps includes:
Board minutes showing fire safety was regularly discussed and actioned
Professional fire risk assessment by a qualified assessor (BAFE SP205 certified)
Records of inspections and maintenance carried out as required
Evidence of remediation when defects were identified
Resident communications about fire safety measures and evacuation strategy
Management reports reviewed by directors showing fire safety status
Red flags that increase personal risk
Directors face higher personal risk if:
The FRA is out of date or does not exist
Known defects have not been remediated
Fire doors are clearly defective and nothing has been done
The board has never discussed fire safety
You have ignored warnings from the managing agent, residents, or fire authority
A fire occurs and someone is injured or killed
Enforcement and penalties
Fire and rescue authorities can:
Issue enforcement notices - requiring specific improvements within a deadline
Issue prohibition notices - immediately closing all or part of a building if there is serious risk
Prosecute - the RMC as a corporate body and/or individual directors