Fire Safety Law Explained

Understand the Fire Safety Order, your legal responsibilities, and what compliance means for your building.

What is Fire Safety Law?

Fire safety law in England and Wales is built on the Regulatory Reform (Fire Safety) Order 2005 (often called the Fire Safety Order or FSO). This law places a legal duty on the “responsible person” for non-domestic premises and the communal areas of residential buildings to carry out a fire risk assessment, put in place fire safety measures, and keep both under review.

The law has been strengthened significantly. Most importantly, since 1 October 2023 (when the Building Safety Act 2022 came into force), ALL responsible persons must record their fire risk assessment and fire safety arrangements in full, regardless of the size of the business. There is no longer a threshold based on the number of employees.

Who is the Responsible Person?

The “responsible person” is the individual or organisation that has legal responsibility for fire safety under the Fire Safety Order. You are a responsible person if you are:

  • An employer (in control of a workplace)
  • A business owner or occupier
  • A landlord (commercial or residential)
  • An owner or freeholder of a building
  • A managing agent or property manager
  • Anyone else with control of premises (including a sole trader, self-employed person, family business, place of worship, or voluntary organisation)

In buildings with multiple occupiers (such as an office building with several tenants, or a block of flats), there may be more than one responsible person. Since October 2023, responsible persons in shared buildings must take reasonable steps to identify each other, exchange relevant fire safety information, cooperate on arrangements, and coordinate their actions.

Your Four Key Legal Responsibilities

To comply with fire safety law, you must:

  • Carry out a fire risk assessment of the premises and keep it under review (we recommend at least annually, and whenever there are significant changes to the building, use or occupancy)
  • Put in place and maintain appropriate fire safety measures to reduce the identified risks (such as alarms, emergency lighting, means of escape, fire doors, compartmentation, and staff training)
  • Ensure occupants know what to do in a fire by providing evacuation procedures, escape routes, and emergency contact information
  • Provide staff and other people with information, instruction and training on fire safety and what to do in an emergency

The Regulatory Reform (Fire Safety) Order 2005

The Fire Safety Order is the primary legislation that sets out these duties. It applies to almost all non-domestic premises (offices, shops, factories, care homes, schools, restaurants, warehouses, etc.) and to the communal areas of residential buildings such as blocks of flats and houses in multiple occupation.

The Order requires that the responsible person makes a “suitable and sufficient” assessment of the fire risks, acts on the findings, and keeps the assessment up to date. A suitable and sufficient assessment identifies the significant fire hazards, the people who may be at risk, and the general fire precautions required to protect them.

What Changed on 1 October 2023?

The Building Safety Act 2022 introduced important changes that came into force on 1 October 2023:

  • Full recording requirement: All responsible persons must now record their fire risk assessment and fire safety arrangements IN FULL, whatever the size of the business. The old threshold (only businesses with five or more employees needed to record significant findings) is completely removed.
  • Cooperation in shared buildings: If your building is occupied by multiple businesses or has shared spaces, you and other responsible persons must take reasonable steps to cooperate and share relevant information about fire safety.
  • Information for residents: In taller residential buildings, residents must be provided with information about the risks and the fire safety measures in place.

Penalties and Enforcement

Failure to comply with the Fire Safety Order is a criminal matter. Penalties for non-compliance include:

  • Prosecution by the fire authority
  • Unlimited fines
  • Imprisonment for up to 2 years (where a breach places people at risk of death or serious injury)
  • Criminal conviction

Serious breaches, particularly those involving higher-risk buildings, can result in substantial custodial sentences and fines in the hundreds of thousands of pounds. Fire authorities are increasingly active in prosecutions, and responsible persons are expected to demonstrate that they have taken reasonable steps to manage fire safety.

What You Should Do

If you are a responsible person, you should ensure that you have a current fire risk assessment in place, that it has been recorded in full, and that you are acting on its findings. If you are unsure about your duties, the building you control, or whether you have a suitable fire risk assessment, we can help you understand what is required and arrange an assessment or consultancy support.

Need help understanding your duties?

Our team can help you understand your legal responsibilities and arrange a fire risk assessment or consultancy support.

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Frequently Asked Questions

Who is the responsible person if a building has multiple occupiers or shared spaces?
In a building with multiple occupiers, there may be more than one responsible person. For example, a landlord may be responsible for the structure and common areas, while each tenant or business occupier is responsible for their own premises. Since October 2023, responsible persons in shared buildings must identify each other, exchange relevant information, cooperate on fire safety arrangements, and coordinate their actions. The exact division of responsibility should be established from the lease, tenancy, management agreement and the actual level of control exercised by each party.
Do I need to have my fire risk assessment carried out by an external professional, or can I do it myself?
Fire safety law does not automatically require every business to appoint an external assessor. The responsible person may carry out the assessment themselves if they have sufficient competence. However, they remain legally responsible for ensuring that the assessment is suitable and sufficient. For small and relatively straightforward premises, a responsible person with appropriate knowledge and experience may be able to carry out the assessment themselves. For larger, more complex, or higher-risk premises, appointing a competent external assessor is usually the appropriate course of action.
How often should I review my fire risk assessment?
Fire risk assessments should be kept under review rather than treated as documents with a fixed expiry date. Many responsible persons conduct an annual review as good practice. However, a review may also be needed following alterations to the building, refurbishment or fit-out works, a change in use, changes in occupancy or staffing, the introduction of new equipment or processes, a fire or near miss, evidence that existing precautions may no longer be effective, or simply the passage of time since the previous assessment.
What fire safety duties apply during building works or refurbishment?
When you carry out building works, you remain responsible for fire safety throughout the project and must consider any fire risks the works may introduce. Temporary fire precautions may be needed during works (such as additional fire watches or modified escape routes). You must ensure people in the building can still evacuate safely. Building regulations apply to the new works or extension. Any significant changes to the building use or layout may mean your fire risk assessment needs reviewing or updating. For complex or higher-risk buildings, specialist fire safety advice during works is often advisable.
What are the penalties for not complying with fire safety law?
Failure to comply with the Regulatory Reform (Fire Safety) Order 2005 is a criminal matter and can result in prosecution by the fire authority, unlimited fines, and imprisonment for up to 2 years (where a breach places people at risk of death or serious injury). Serious breaches can result in substantial custodial sentences and fines running into hundreds of thousands of pounds. Fire authorities are increasingly active in prosecutions, and responsible persons are expected to demonstrate that they have taken reasonable steps to manage fire safety.

References

  • British Standards Institution (2025) BS 8674:2025 Built environment. Framework for competence of individual fire risk assessors. Code of practice. London: BSI. Available at: bsigroup.com (Accessed: 23 June 2026).
  • Building Safety Act 2022, c. 30. Available at: legislation.gov.uk (Accessed: 23 June 2026).
  • Fire Safety Act 2021, c. 24. Available at: legislation.gov.uk (Accessed: 23 June 2026).
  • Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541). Available at: legislation.gov.uk (Accessed: 23 June 2026).
  • The Fire Safety (England) Regulations 2022 (SI 2022/547). Available at: legislation.gov.uk (Accessed: 23 June 2026).