UK Statutory Instrument SI 2005 United Kingdom

Regulatory Reform (Fire Safety) Order 2005

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions …

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 6 of 76 obligations carry up to 2 years imprisonment. 70 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person20 Responsible Person17 Employer15 Occupier14 Employee4 Landlord1

Plus 5 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts
Responsible Person — also bound by 115 other Acts
MH(CT)(S)A 2003 30 duties
Employer — also bound by 701 other Acts
TULRCA 1992 72 duties
Occupier — also bound by 246 other Acts
Highways Act 1980 23 duties
Employee — also bound by 193 other Acts
Landlord — also bound by 238 other Acts
Housing Act 1985 55 duties
Housing Act 1996 30 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

1 of 7 sections shown
s.005 Duties under this Order (opens in a new tab) Regulated
  • Ensure compliance with all general fire safety dutiesResponsible Person
  • Ensure compliance with fire safety duties in the workplaceResponsible Person
  • Ensure fire safety duties are met for premises you controlAny Person
  • Ensure fire safety duties are met for your premisesAny Person
6 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.003 Meaning of “responsible person” (opens in a new tab)
s.004 Meaning of “general fire precautions” (opens in a new tab)
s.006 Application to premises (opens in a new tab)
s.007 Disapplication of certain provisions (opens in a new tab)
Part 2

FIRE SAFETY DUTIES

17 of 20 sections shown
s.008 Duty to take general fire precautions (opens in a new tab) Regulated
  • Assess and take general fire precautions to ensure safetyResponsible Person
  • Ensure general fire precautions for employees and othersAny Person
  • Ensure general fire safety for employees and other peopleOccupier
  • Take general fire precautions to ensure safety of staff and visitorsResponsible Person
  • Take reasonable fire precautions for employees and visitorsAny Person
s.009 Risk assessment (opens in a new tab) Regulated
  • Carry out and keep up‑to‑date fire risk assessmentsEmployer
  • Carry out and maintain fire risk assessmentsAny Person
  • Conduct and record a fire risk assessment for your premisesResponsible Person
s.010 Principles of prevention to be applied (opens in a new tab) Regulated
  • Apply fire‑safety principles when implementing protective measuresOccupier
  • Apply principles of prevention when implementing fire safety measuresResponsible Person
  • Base fire safety measures on the prescribed prevention principlesAny Person
s.011 Fire safety arrangements (opens in a new tab) Regulated
  • Develop and keep records of fire safety arrangementsEmployer
  • Establish and record fire safety management arrangementsResponsible Person
  • Establish and record formal fire safety arrangementsResponsible Person
  • Plan, implement and record fire safety arrangementsEmployer
s.012 Elimination or reduction of risks from dangerous substances (opens in a new tab) Regulated
  • Eliminate or reduce fire risk from dangerous substancesAny Person
s.013 Fire-fighting and fire detection (opens in a new tab) Regulated
  • Equip premises with fire-fighting and fire detection equipmentResponsible Person
  • Equip premises with fire‑fighting gear, detectors and trained staffAny Person
  • Provide appropriate fire‑fighting equipment and appoint competent staffOccupier
  • Provide fire‑fighting equipment, detection and competent staffOccupier
s.014 Emergency routes and exits (opens in a new tab) Imprisonment
  • Keep emergency routes and exits clear and functionalOccupier
  • Keep emergency routes and exits clear and properly sign‑postedOccupier
  • Keep emergency routes and exits clear and usable at all timesOccupier
  • Maintain clear and safe emergency routes and exitsResponsible Person
s.016 Additional emergency measures in respect of dangerous substances (opens in a new tab) Regulated
  • Ensure emergency procedures for dangerous substancesOccupier
  • Establish emergency measures for dangerous substancesResponsible Person
  • Provide emergency info, warnings and escape routes for dangerous substancesEmployer
  • Provide emergency plans and controls for dangerous substancesAny Person
s.017 Maintenance (opens in a new tab) Regulated
  • Maintain fire safety equipment and premises in good repairOccupier
s.019 Provision of information to employees (opens in a new tab) Regulated
  • Provide employees with fire safety informationResponsible Person
  • Provide fire safety information to employees (and child workers' parents)Employer
  • Provide fire‑safety information to staff (and child employees)Employer
s.020 Provision of information to employers and the self-employed from outside undertakings (opens in a new tab) Regulated
  • Provide fire‑risk information to external contractors and their employersAny Person
  • Provide fire‑risk information to outside employers and self‑employed workersAny Person
  • Provide fire safety information to external employers and workersOccupier
  • Provide fire‑risk information to outside workers and their employersAny Person
s.021 Training (opens in a new tab) Regulated
  • Provide fire‑safety training for all employeesEmployer
s.022 Co-operation and co-ordination between responsible persons (opens in a new tab) Regulated
  • Co‑operate and coordinate fire‑safety duties with other responsible personsAny Person
  • Co‑operate and coordinate with other responsible persons for fire safetyAny Person
  • Co-operate and share fire safety information with other responsible personsResponsible Person
  • Co‑operate with other fire‑safety responsible personsAny Person
s.023 General duties of employees at work (opens in a new tab) Regulated
  • Take reasonable care for fire safety and cooperate with your employerEmployee
  • Take reasonable care and report safety concernsEmployee
  • Take reasonable care for safety and report hazardsEmployee
  • Take reasonable care for safety and report serious dangersEmployee
s.art021 Provision of information to residents of domestic premises Regulated
  • Provide fire safety information to domestic residentsEmployer
  • Provide fire‑safety information to residents and keep recordsLandlord
  • Provide fire safety information to residents in multi-unit buildingsResponsible Person
s.art022 Provision of information to new responsible person Regulated
  • Provide fire safety information to new responsible personEmployer
s.art022 Co-operation with accountable persons Regulated
  • Identify and cooperate with other accountable persons for building safetyOccupier
3 other sections in this Part — procedural and definitional
s.015 Procedures for serious and imminent danger and for danger areas (opens in a new tab)
s.018 Safety assistance (opens in a new tab)
s.024 Power to make regulations about fire precautions (opens in a new tab)
Part 3

ENFORCEMENT

2 of 7 sections shown
s.026 Enforcement of Order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcing authorities must enforce the Fire Safety OrderStatutory regulator
s.028 Exercise on behalf of fire inspectors etc. of their powers by officers of fire brigades (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fire and Rescue Authority employees may exercise inspector powersStatutory regulator
5 other sections in this Part — procedural and definitional
s.025 Enforcing authorities (opens in a new tab)
s.027 Powers of inspectors (opens in a new tab)
s.029 Alterations notices (opens in a new tab)
s.030 Enforcement notices (opens in a new tab)
s.031 Prohibition notices (opens in a new tab)
Part 4

OFFENCES AND APPEALS

2 of 5 sections shown
s.032 Offences (opens in a new tab) Imprisonment
  • Fail to comply with fire‑safety duties or notices that put people at riskAny Person
  • Fail to meet fire safety duties that put people at riskAny Person
  • Fail to meet fire safety duties that risk death or serious injuryAny Person
s.034 Onus of proving limits of what is practicable or reasonably practicable (opens in a new tab) Regulated
  • Keep records showing why extra fire‑safety measures were not practicableAny Person
3 other sections in this Part — procedural and definitional
s.033 Defence (opens in a new tab)
s.035 Appeals (opens in a new tab)
s.036 Determination of disputes by Secretary of State (opens in a new tab)
Part 5

MISCELLANEOUS

6 of 17 sections shown
s.038 Maintenance of measures provided for protection of fire-fighters (opens in a new tab) Imprisonment
  • Maintain fire‑fighter protection equipment and systemsOccupier
  • Maintain fire‑fighter protection equipment in good repairOccupier
  • Maintain fire-fighter safety equipment and facilitiesResponsible Person
  • Maintain fire safety equipment for firefightersResponsible Person
s.039 Civil liability for breach of statutory duty (opens in a new tab) Regulated
  • Avoid breaching fire safety duties to prevent employee civil claimsEmployer
  • Guard against employee claims by following fire safety dutiesEmployer
  • Prevent fire‑safety breaches that could harm employeesEmployer
  • Comply with all duties of the Fire Safety OrderEmployer
  • Employee right to sue for fire safety breaches causing injuryEmployer
s.040 Duty not to charge employees for things done or provided (opens in a new tab) Imprisonment
  • Do not charge employees for fire‑safety costsEmployer
s.042 Special provisions in respect of licensed etc. premises (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must consult fire authorities on licence applicationsLocal authority
s.046 Other consultation by authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government and authorities must consult fire services on proposed changesCrown / Minister / Government department
s.050 Guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must provide fire safety guidanceCrown / Minister / Government department
11 other sections in this Part — procedural and definitional
s.037 Fire-fighters' switches for luminous tube signs etc. (opens in a new tab)
s.041 Duty to consult employees (opens in a new tab)
s.043 Suspension of terms and conditions of licences dealing with same matters as this Order (opens in a new tab)
s.044 Suspension of byelaws dealing with same matters as this Order (opens in a new tab)
s.045 Duty to consult enforcing authority before passing plans (opens in a new tab)
s.047 Disapplication of the Health and Safety at Work etc. Act 1974 in relation to general fire precautions (opens in a new tab)
s.048 Service of notices etc. (opens in a new tab)
s.049 Application to the Crown and to the Houses of Parliament (opens in a new tab)
s.051 Application to visiting forces, etc. (opens in a new tab)
s.052 Subordinate provisions (opens in a new tab)
s.053 Repeals, revocations, amendments and transitional provisions (opens in a new tab)
Schedules

Schedules

1 of 77 shown
s.001 MATTERS TO BE CONSIDERED IN RISK ASSESSMENT IN RESPECT OF DANGEROUS SUBSTANCES (opens in a new tab) Regulated
  • Assess and control fire risks from dangerous substancesResponsible Person
  • Carry out risk assessments and control dangerous substancesAny Person
  • Include required factors in risk assessments for dangerous substancesOccupier
76 other schedules
s.002 AMENDMENTS OF PRIMARY LEGISLATION. (opens in a new tab)
s.004 REPEALS (opens in a new tab)
s.sch001 In applying measures to control risks the responsible person must,...
s.sch001 The responsible person must ensure that mitigation measures applied in...
s.sch001 The responsible person must— (a) ensure that the premises are...
s.sch002 Celluloid and Cinematograph Film Act 1922
s.sch002 Safety of Sports Grounds Act 1975
s.sch002 Greater London Council (General Powers) Act 1975
s.sch002 County of South Glamorgan Act 1976
s.sch002 Rent Act 1977
s.sch002 County of Merseyside Act 1980
s.sch002 West Midlands County Council Act 1980
s.sch002 Cheshire County Council Act 1980
s.sch002 West Yorkshire Act 1980
s.sch002 Isle of Wight Act 1980
s.sch002 South Yorkshire Act 1980
s.sch002 London Building Acts (Amendment) Act 1939
s.sch002 Tyne and Wear Act 1980
s.sch002 Zoo Licensing Act 1981
s.sch002 Greater Manchester Act 1981
s.sch002 County of Kent Act 1981
s.sch002 Derbyshire Act 1981
s.sch002 East Sussex Act 1981
s.sch002 Local Government (Miscellaneous Provisions) Act 1982
s.sch002 Humberside Act 1982
s.sch002 County of Avon Act 1982
s.sch002 Cumbria Act 1982
s.sch002 Pet Animals Act 1951
s.sch002 Hampshire Act 1983
s.sch002 Staffordshire Act 1983
s.sch002 Food Act 1984
s.sch002 Building Act 1984
s.sch002 County of Lancashire Act 1984
s.sch002 Cornwall County Council Act 1984
s.sch002 Bournemouth Borough Council Act 1985
s.sch002 Leicestershire Act 1985
s.sch002 Clwyd County Council Act 1985
s.sch002 Worcester City Council Act 1985
s.sch002 East Ham Corporation Act 1957
s.sch002 Poole Borough Council Act 1986
s.sch002 Berkshire Act 1986
s.sch002 Fire Safety and Safety of Places of Sport Act 1987
s.sch002 Plymouth City Council Act 1987
s.sch002 West Glamorgan Act 1987
s.sch002 Dyfed Act 1987
s.sch002 Environment and Safety Information Act 1988
s.sch002 Smoke Detectors Act 1991
s.sch002 London Local Authorities Act 1995
s.sch002 Capital Allowances Act 2001
s.sch002 Caravan Sites and Control of Development Act 1960
s.sch002 Licensing Act 2003
s.sch002 Public Health Act 1961
s.sch002 Gaming Act 1968
s.sch002 Fire Precautions Act 1971
s.sch002 Health and Safety at Work etc. Act 1974
s.sch003 AMENDMENTS OF SUBORDINATE LEGISLATION (opens in a new tab)
s.sch003 The Dangerous Substances in Harbour Areas Regulations 1987
s.sch003 The Private and Voluntary Care (England) Regulations 2001
s.sch003 The Care Homes (Wales) Regulations 2002
s.sch003 The Private and Voluntary Care (Wales) Regulations 2002
s.sch003 The Children's Homes (Wales) Regulations 2002
s.sch003 The Child Minding and Day Care (Wales) Regulations 2002
s.sch003 The Residential Family Centres Regulations 2002
s.sch003 The Residential Family Centres (Wales) Regulations 2003
s.sch003 The Marriages (Approved Premises) Regulations 1995
s.sch003 The Construction (Health, Safety and Welfare) Regulations 1996
s.sch003 The Housing (Fire Safety in Houses in Multiple Occupation) Order 1997
s.sch003 The Health and Safety (Enforcing Authority) Regulations 1998
s.sch003 The Building Regulations 2000
s.sch003 The Building (Approved Inspectors etc.) Regulations 2000
s.sch003 The Care Homes Regulations 2001
s.sch003 The Children's Homes Regulations 2001
s.sch005 REVOCATIONS (opens in a new tab)
s.schedule/1/part/1/paragraph/wrapper1n2 The matters are— (a) the hazardous properties of the substance;...
s.schedule/1/part/2/paragraph/wrapper2n2 The matters are— (a) the inexperience, lack of awareness of...
s.schedule/1/part/3/paragraph/wrapper3n2 The principles are— (a) avoiding risks; (b) evaluating the risks...

Help complying

Guvnor’s practical routes through this instrument.

Gateway 2 preparation checklist

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Learning path for developers undertaking their first higher-risk building project under the Building Safety Act 2022. Covers the gateway process, golden thread …

Building compliance quick check

Fast compliance verification for experienced property managers. Checklist format covering electrical, gas, water, HVAC, lifts, and energy performance requirements.

Fire safety for new business premises

Complete introduction to fire safety law and compliance for new business premises. Learn who is responsible, how to conduct a fire risk …

Open a shop

Start a retail business and open your first shop

Accommodation regulations for hotels, B&Bs, and short-term lets

Anyone providing paid accommodation in the UK, from hotels to short-term lets, faces rules that depend on the nation. Scotland requires a …

Assess the fire risk of your building's external walls

If your building has two or more flats, your fire risk assessment must cover the structure and external walls, including cladding, balconies, …

Check the fire doors in a block of flats

If your block of flats in England has a top storey above 11 metres, you must check communal fire doors every 3 …

Choose a competent fire risk assessor

Whoever carries out your fire risk assessment must be competent for your type of premises, whether that is you, a member of …

Fire safety duties for landlords of residential properties

A landlord's fire safety duties depend on the property. Single lets need smoke and carbon monoxide alarms and fire-safe furniture, HMOs need …

Give residents their fire safety instructions

In a building with two or more flats and common parts, you must display fire safety instructions in a conspicuous place, give …

Health and safety for retail premises

If you employ anyone in a shop, you must assess the risks they face, from lone working and violence to manual handling …

Health, safety and fire requirements for hospitality venues

Health and Safety at Work Act compliance, fire safety risk assessments, and fire and rescue authority audits for hospitality premises including hotels, …
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Connected legislation

The wider family of instruments made under the same parent Act.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.