Fire safety for Resident Management Companies

Who this guide is for

This guide 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 guide 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

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. Courts have interpreted this broadly. 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.

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
• External wall assessment requires specialist knowledge
• 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 11 metres or higher (approximately 5 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.

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 have increased enforcement since the Grenfell Tower fire. They 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

RMC director fire safety checklist

Use this checklist to verify you are discharging your duties:

• Fire risk assessment - Do we have a current, written FRA that covers external walls and flat entrance doors?
• Professional assessor - Was the FRA carried out by a competent person (preferably BAFE SP205 certified)?
• Review date - When is the FRA due for review? (Annual review is recommended)
• Fire door inspections - If 11m+ building: are quarterly communal door inspections and annual flat door inspections happening?
• Equipment maintenance - Are fire alarm tests (weekly), emergency lighting tests (monthly), and equipment servicing (annual) documented?
• Managing agent oversight - Am I receiving regular fire safety reports from the agent?
• Defect remediation - Are any identified fire safety defects being actively addressed?
• Resident information - Have we provided fire safety information to all residents?
• Board minutes - Do our minutes show fire safety is regularly discussed?
• Insurance - Do we have D&O insurance that covers regulatory prosecutions?

Further resources