In England and Wales, the responsible person for any non-domestic premises, and for the common parts of blocks of flats, must carry out and record a suitable and sufficient fire risk assessment under Article 9 of the Regulatory Reform (Fire Safety) Order 2005. Since 1 October 2023 the full assessment must be recorded. There is no fixed statutory review interval, but it must be reviewed regularly and after material change.
The legal duty
In England and Wales, Article 9 of the Regulatory Reform (Fire Safety) Order 2005 requires the responsible person to make a suitable and sufficient assessment of the risks to which relevant persons are exposed, for the purpose of identifying the general fire precautions the premises need. The duty applies to virtually all non-domestic premises: offices, shops, care homes, hotels, schools, hospitals, warehouses, places of worship, and the common parts of residential blocks. Private dwellings are excluded, but the Fire Safety Act 2021 confirmed that in multi-occupied residential buildings the Order covers the structure, external walls (including cladding and balconies) and flat entrance doors that open onto common parts.
The assessment is not a one-off certificate. It is the working document that determines what fire detection, escape routes, emergency lighting, fire doors, signage, training and maintenance the building must have. Everything else in fire safety procurement flows from it, which is why an inadequate assessment is the most common root cause found behind enforcement notices. Our guide to the enforcement notice process covers what the fire and rescue authority does when it finds one.
Who is the responsible person
Article 3 of the Order defines the responsible person as:
- the employer, where the premises are a workplace and the employer has any control over them;
- otherwise, the person in control of the premises in connection with a trade, business or other undertaking, whether or not for profit;
- otherwise, the owner.
In practice, the following table shows who usually carries the duty. Where more than one responsible person exists, Article 22 requires them to cooperate and coordinate, and Section 156 of the Building Safety Act 2022 added a duty to share the assessment and contact details with each other.
Who is usually the responsible person, by building type
| Building | Usual responsible person | Common complication |
|---|---|---|
| Single-tenant office or shop | The tenant as employer | Landlord retains structure and shared plant; two assessments may overlap |
| Multi-tenant office | Landlord or managing agent for common parts; each tenant for their demise | Gaps at the demise boundary, particularly fire doors and compartmentation |
| Care home | The registered provider as employer | Residents cannot self-evacuate; the assessment must address evacuation strategy in detail |
| Hotel | The operator as employer | Sleeping risk; the assessment must cover night staffing and guest alarm response |
| Purpose-built block of flats | Freeholder, RMC or RTM company, usually acting through the managing agent | Common parts only unless a Type 3 or Type 4 assessment is commissioned |
| School or university | The governing body, academy trust or institution as employer | Multiple buildings on one site, each needing coverage |
| NHS estate | The trust as employer | Firecode HTM 05 series applies in addition to the Order |
The responsible person can appoint a contractor to carry out the assessment. The liability for its adequacy stays with the responsible person. Our duty holder guide sets out how this interacts with the other statutory duties on the same building.
What changed on 1 October 2023
Section 156 of the Building Safety Act 2022 amended the Fire Safety Order for England and Wales. The changes most relevant to procurement are:
- Full recording. The responsible person must record the fire risk assessment in full, including the significant findings and any group of persons identified as being especially at risk. The old threshold of five or more employees no longer applies.
- Recording the assessor. Where a person is appointed to carry out or review the assessment, the responsible person must record that person's name and, where they act for an organisation, the organisation's name.
- Fire safety arrangements. The arrangements for planning, organising, controlling, monitoring and reviewing fire precautions must be recorded in every case.
- Contact details. The responsible person must record a UK address at which they can be contacted and provide it to residents in multi-occupied residential buildings.
- Cooperation. Responsible persons must identify each other, share relevant fire safety information and, in higher-risk buildings, cooperate with the accountable person under the Building Safety Act.
Section 156 also inserted Article 9A, which prohibits appointing a person to assist with the assessment unless they are competent. At the time of writing the government has indicated this provision will be commenced separately, alongside work on assessor competence. Check the current commencement status on legislation.gov.uk before relying on it either way.
Scotland and Northern Ireland
The duty differs in name and instrument outside England and Wales, and a UK-wide operator should not assume a single template applies.
Fire risk assessment duty by UK nation
| Nation | Instrument | Duty holder term | Notes |
|---|---|---|---|
| England and Wales | Regulatory Reform (Fire Safety) Order 2005, as amended by the Fire Safety Act 2021 and Building Safety Act 2022 | Responsible person | Full recording required from 1 October 2023 |
| Scotland | Fire (Scotland) Act 2005, Part 3, and the Fire Safety (Scotland) Regulations 2006 | Duty holder | Scottish Fire and Rescue Service enforces; separate guidance series from the Scottish Government |
| Northern Ireland | Fire and Rescue Services (Northern Ireland) Order 2006 and the Fire Safety Regulations (Northern Ireland) 2010 | Appropriate person | Northern Ireland Fire and Rescue Service enforces |
PAS 79 and the recognised methodology
The Order does not prescribe a method. The recognised method is PAS 79, published by BSI. It exists in two parts: PAS 79-1:2020 for premises other than housing, and PAS 79-2:2020 for housing. PAS 79 sets out a nine-step approach covering hazard identification, people at risk, existing fire precautions, evaluation of likelihood and consequence, an overall risk rating, and an action plan with priorities and timescales.
A quote that does not state PAS 79 (or an equivalent structured method) as its basis should be questioned. A report that follows PAS 79 will present a risk rating (typically from trivial to intolerable), an action plan with each item prioritised, and a suggested review date. A report that is a photo album with generic recommendations is not suitable and sufficient, whatever it cost. Our companion piece on fire risk assessment cost explains how to read a quote and what should be itemised.
Type 1 to Type 4 assessments in blocks of flats
The four types come from the Local Government Association guide Fire safety in purpose-built blocks of flats. They are not statutory categories, but they are the industry vocabulary and every managing agent should use them precisely when scoping.
Fire risk assessment types for residential blocks
| Type | Scope | Destructive inspection | When commissioned |
|---|---|---|---|
| Type 1 | Common parts only | No | Default for most blocks; satisfies the Order in the ordinary case |
| Type 2 | Common parts only | Yes, sampling of construction | Where there is reason to doubt compartmentation in the common parts, for example unknown service risers |
| Type 3 | Common parts plus a sample of flats | No | Where the responsible person needs assurance on flat entrance doors, internal compartmentation or alarm provision within flats |
| Type 4 | Common parts plus a sample of flats | Yes | Where serious compartmentation concerns exist, often following a fire or a Type 1 that flags structural doubt |
Types 2 to 4 require access to leaseholder demises, which the responsible person may not be able to compel, and destructive inspection needs making-good. Both factors drive cost and programme, so the type must be settled before quotes are sought.
Competence of the assessor
The person carrying out the assessment must be competent, meaning they have sufficient training, experience and knowledge to identify the hazards and evaluate the risk in that type of building. The Fire Sector Federation publishes A Guide to Choosing a Competent Fire Risk Assessor, and the recognised routes to demonstrate competence are:
- Third-party certification of the organisation under BAFE SP205 (Life Safety Fire Risk Assessment), audited by a UKAS-accredited certification body.
- Registration of the individual with a professional register: the Institution of Fire Engineers register of fire risk assessors, the Institute of Fire Safety Managers register, or the FRACS scheme operated by Warringtonfire.
Buyers should ask for the certificate or register entry, check it on the register website, and match the assessor's declared competence to the building. A competent office assessor is not automatically competent for a care home with a progressive horizontal evacuation strategy or a high-rise residential building with a stay-put policy. Complex buildings warrant an assessor with chartered or incorporated status in fire engineering.
Review frequency
Article 9(3) requires the assessment to be reviewed regularly so as to keep it up to date, and particularly where there is reason to suspect it is no longer valid or there has been a significant change in the matters to which it relates. The Order sets no interval. The following triggers should force a review regardless of the calendar:
- refurbishment, extension or change of layout;
- change of use or occupancy, including a change in the vulnerability of occupants;
- a fire, a near miss, or a false alarm pattern;
- a change in the evacuation strategy;
- new legislation or guidance affecting the building type;
- findings from a fire door, alarm or emergency lighting inspection that undermine assumptions in the assessment.
In the absence of a trigger, an annual review by the responsible person and a full reassessment by a competent assessor at an interval the assessor recommends is the common practice that enforcing authorities expect to see. Record every review, including a review that changes nothing, because the record is the evidence of compliance with Article 9(3).
What the assessment must cover
A suitable and sufficient assessment of a non-domestic building will address, at minimum:
- sources of ignition, fuel and oxygen, and the likelihood of fire starting;
- the people at risk, including those especially at risk such as sleeping occupants, people with mobility or cognitive impairment, lone workers and contractors;
- means of detection and warning, evaluated against BS 5839-1;
- means of escape, travel distances, and the evacuation strategy;
- emergency lighting against BS 5266-1, covered in detail in our emergency lighting testing guide;
- fire doors and compartmentation, covered in our fire door inspection guide;
- firefighting equipment and fixed systems;
- signage and notices;
- management arrangements: training, drills, maintenance, contractor control, record keeping;
- an action plan with priorities, owners and timescales.
Enforcement and penalties
The fire and rescue authority is the enforcing authority for most premises. Its powers under the Order are:
- Alterations notice (Article 29) where the premises present a serious risk or would do so if altered.
- Enforcement notice (Article 30) where the responsible person has failed to comply. The notice must specify the failures and the steps required, and give a period of not less than 28 days. Our 28-day enforcement notice guide sets out the response sequence.
- Prohibition notice (Article 31) where the risk to relevant persons is so serious that use of the premises must be prohibited or restricted, with immediate effect if the notice says so.
Offences under Article 32 are triable either way. On indictment the penalty is an unlimited fine, imprisonment for up to two years, or both. Enforcement notices are entered on a public register under the Environment and Safety Information Act 1988, which insurers and prospective tenants can and do search.
Procurement checklist
Before seeking quotes, the responsible person should have settled:
- The buildings and areas in scope, with floor areas and storeys.
- The occupancy profile and the evacuation strategy in place.
- The assessment type if residential (Type 1 to 4).
- Whether this is a first assessment, a full reassessment or a review of an existing report.
- Access arrangements, including out-of-hours for sleeping risk premises.
- The competence evidence you will require from the assessor.
- The deliverable format and how findings will be tracked to closure.
TICDesk's fire safety desk pre-vets assessors against exactly these points, including third-party certification, professional indemnity insurance and building-type experience.
Working with TICDesk
TICDesk is a UK procurement desk for testing, inspection and compliance work. Tell us the building, the occupancy and the deadline, and we introduce up to three vetted fire risk assessment firms, typically within 48 hours. The service is free to the client; TICDesk earns a success fee from the contractor. There is no obligation to appoint. Open a brief to start.
Frequently asked
Is a fire risk assessment a legal requirement in the UK?
Yes for almost every non-domestic building. In England and Wales, Article 9 of the Regulatory Reform (Fire Safety) Order 2005 requires the responsible person to make a suitable and sufficient assessment of fire risk. Scotland applies the Fire (Scotland) Act 2005 and Northern Ireland applies the Fire and Rescue Services (Northern Ireland) Order 2006, each with an equivalent duty. Private dwellings are outside scope, but the common parts of blocks of flats are inside it.
How often does a fire risk assessment need to be reviewed?
The Fire Safety Order sets no fixed interval. Article 9(3) requires a review whenever there is reason to suspect the assessment is no longer valid or there has been a significant change in the premises, the occupants or the activities. Most enforcing authorities and sector guidance treat an annual review as good practice, with a fresh assessment after refurbishment, change of use, a fire, or a change in the vulnerability of occupants.
Who is the responsible person for fire safety?
Under Article 3 of the Fire Safety Order the responsible person is the employer where the premises are a workplace, otherwise the person in control of the premises in connection with a trade or business, or the owner. In a block of flats it is usually the freeholder, the management company or the managing agent acting on their behalf. Several responsible persons can exist for one building and they must cooperate and share information.
What is the difference between a Type 1 and a Type 4 fire risk assessment?
The four types come from the Local Government Association guide to fire safety in purpose-built blocks of flats. Type 1 covers common parts only and is non-destructive. Type 2 covers common parts with destructive inspection. Type 3 covers common parts and a sample of flats, non-destructive. Type 4 covers common parts and flats with destructive inspection. Type 1 is the default. Types 2 to 4 are commissioned when there is reason to doubt compartmentation.
Does the fire risk assessor need to be qualified?
The law requires the assessment to be suitable and sufficient, and the responsible person carries the liability if it is not. Section 156 of the Building Safety Act 2022 inserted a duty not to appoint an incompetent assessor, and the Home Office has indicated this provision will be commenced separately. In practice, buyers should look for third-party certification such as BAFE SP205 for the firm, or registration of the individual with the Institution of Fire Engineers, the IFSM or FRACS.
What happens if I do not have a fire risk assessment?
The fire and rescue authority can serve an enforcement notice under Article 30 of the Fire Safety Order giving at least 28 days to comply, or a prohibition notice under Article 31 restricting use of the premises immediately. Failure to comply with the Order is a criminal offence under Article 32, punishable on conviction in the Crown Court by an unlimited fine, imprisonment for up to two years, or both.
Do I need a fire risk assessment for a small office with under five staff?
Yes. The duty to assess has always applied regardless of headcount. Before 1 October 2023 only premises with five or more employees, a licence or an alterations notice had to record the significant findings in writing. Section 156 of the Building Safety Act 2022 removed that threshold in England and Wales, so every responsible person must now record the full assessment and the identity of the person who carried it out.
Sources & further reading
