Fire safety legislation in the UK is designed to protect lives, property, and public spaces from the devastating impact of fire. In the wake of high-profile incidents like the Grenfell Tower tragedy, scrutiny around fire safety compliance has intensified, prompting updates to existing laws and enforcement practices.
Whether you’re a business owner, landlord, facilities manager, or someone with control over a building, understanding your legal responsibilities is essential – not only for compliance, but for the safety of everyone who uses your premises.
But one question often causes confusion: who is responsible for enforcing fire safety legislation? From workplaces to residential blocks, enforcement can vary depending on the type of building and its use. This blog will break down the key laws, identify the enforcement bodies, and clarify who is responsible for fire safety legislation in most premises, including who enforces a fire safety order and who must complete a fire risk assessment.
What is fire safety legislation?
Fire safety legislation in the UK refers to a set of laws and regulations that aim to reduce the risk of fire, ensure safe evacuation, and protect occupants in buildings. The cornerstone of this framework is the Regulatory Reform (Fire Safety) Order 2005, which applies to all non-domestic premises, including workplaces, commercial buildings, public spaces, and the shared areas of residential buildings.
This legislation was introduced to simplify over 70 previous fire safety laws, shifting the focus from prescriptive rules to a risk-based approach. It places legal duties on a designated “Responsible Person” to assess fire risks and implement appropriate safety measures.
Since 2005, several key updates have strengthened the framework:
- Fire Safety Act 2021: Clarifies that external walls and flat entrance doors in multi-occupied residential buildings must be included in fire risk assessments.
- Fire Safety (England) Regulations 2022: Introduces new duties for buildings over 11 metres, including monthly fire door checks and enhanced record-keeping.
- Building Safety Act 2022: Establishes the Building Safety Regulator and introduces stricter oversight for high-rise buildings, reinforcing the “golden thread” of building safety information – a continuous record of building safety information that follows a building throughout its lifecycle.
Together, these laws form a comprehensive framework that governs fire safety across most UK premises. They define who is responsible for fire safety legislation, who enforces it, and what actions must be taken to remain compliant.
Who is responsible for fire safety legislation in most premises?
Under UK fire safety legislation, the person legally responsible for ensuring compliance is known as the “Responsible Person.” This role is defined in the Regulatory Reform (Fire Safety) Order 2005, and applies to most premises, including workplaces, commercial buildings, public venues, and the communal areas of residential properties.
Who qualifies as the Responsible Person?
The Responsible Person is typically:
- The employer in workplaces
- The owner or landlord of a building
- The facilities manager or managing agent
- Anyone with control over the premises, such as an occupier or leaseholder
Confusingly, the Responsible Person is often an organisation rather than an individual. However, for the purposes of the legislation, the organisation is known as a ‘legal person’.
What are their legal duties?
The Responsible Person must:
- Complete and regularly review a fire risk assessment
- Implement appropriate fire safety measures based on the assessment
- Ensure safe evacuation routes and emergency procedures
- Maintain fire detection and suppression systems
- Provide fire safety training to staff or residents where applicable
Failure to meet these duties can result in enforcement action, including fines or prosecution. That’s why understanding who is responsible for fire safety legislation in your premises is not just a legal requirement, it’s a critical part of keeping people safe.
Who is responsible for completing a fire risk assessment?
One of the most critical duties under UK fire safety legislation is the requirement to carry out a fire risk assessment. This obligation falls to the Responsible Person, as defined in the Regulatory Reform (Fire Safety) Order 2005. Whether you’re managing a workplace, a public building, or the communal areas of a residential block, completing a fire risk assessment is a legal requirement.
What is a fire risk assessment?
A fire risk assessment is a systematic evaluation of a building to identify potential fire hazards, assess the risk to people, and determine what measures are needed to reduce or eliminate those risks. It should cover:
- Sources of ignition, fuel, and oxygen
- People at risk (e.g. staff, visitors, vulnerable individuals)
- Fire detection and warning systems
- Escape routes and emergency exits
- Firefighting equipment and signage
- Staff training and evacuation procedures
Who can complete a fire risk assessment?
While the Responsible Person is legally accountable, the assessment can be carried out by:
- The Responsible Person themselves, if competent
- A qualified fire risk assessor or fire safety consultant
Competence is key. For smaller, low-risk premises, the fire risk assessment is generally carried out by the owner or occupier, provided they are competent to do so. However, if the building is complex or high-risk, it’s strongly recommended to use a professional with relevant experience and accreditation. The assessment must be documented if the business has five or more employees, and it should be reviewed regularly, especially after significant changes to the building or its use.
Failing to complete or update a fire risk assessment is one of the most common breaches of fire safety legislation, but it is also one of the easiest to avoid with proper planning and support.
Who enforces fire safety legislation?
Fire safety legislation in the UK is enforced by a range of authorities, depending on the type of premises and the nature of the risk. The primary enforcement body is the local Fire and Rescue Authority (FRA), which operates under the powers granted by the Regulatory Reform (Fire Safety) Order 2005.
Fire safety inspectors employed by FRAs are responsible for carrying out inspections of non-domestic premises, reviewing risk assessments and fire safety arrangements and issuing statutory notices in the event of non-compliance.
While FRAs are the main enforcers, other bodies may have jurisdiction depending on the premises. For example, the Health and Safety Executive (HSE), Defence Fire Services, local authorities, and Building Safety Regulator (BSR).
Who enforces a Fire Safety Order?
The Regulatory Reform (Fire Safety) Order 2005, commonly referred to as the Fire Safety Order, is the central piece of legislation governing fire safety in most non-domestic premises across England and Wales. But who enforces it?
The responsibility for enforcing a Fire Safety Order lies primarily with the local Fire and Rescue Authority (FRA). These authorities have the legal power to inspect premises, assess compliance, and take enforcement action where necessary.
Fire safety inspectors appointed by the FRA can:
- Enter premises to conduct both scheduled and unannounced inspections
- Review fire risk assessments and safety measures
- Issue formal notices when breaches are identified
These notices include:
- Alterations Notice: issued when a building presents high fire safety risks or is likely to do so if its use changes.
- Enforcement Notice: served when serious fire safety deficiencies are found. It outlines required improvements and deadlines.
- Prohibition Notice: used when there is an immediate and serious risk to life. It can restrict or prohibit access to the premises entirely.
Inspectors have the authority to demand documentation and evidence of compliance, interview staff or responsible persons, and can even initiate legal proceedings for serious breaches.
Non-compliance with a Fire Safety Order can result in steep penalties, including heavy fines, closure of premises, and even imprisonment for the most severe violations.
Who is responsible for enforcing fire safety in the workplace?
In workplaces where the premises is under the control of the employer, they are legally defined as the Responsible Person, and therefore responsible for enforcing fire safety legislation.
The employer remains the Responsible Person even if they are not personally present on site. For example, in the case of a supermarket chain, the store manager of an outlet may carry out day-to-day duties to assist the Responsible Person in complying with the Fire Safety Order, however ultimate responsibility still lies with the company.
Where the employer is a tenant in a multi-occupied building, the employer is still required to confirm the landlord has provided adequate safety measures to protect its employees, or any visitors to its premises. For example, if a company leases a floor of an office building, it must ensure fire safety measures in the escape routes from that floor to the building’s exit are adequate.
However, many roles operate in locations the employer does not have any control over and therefore is not the Responsible Person. For example, a maintenance engineer visiting a non-domestic premises to carry out work. In these instances, the Responsible Person for the building must provide the employer with information on any risks the employee might encounter and measures they should take to mitigate them.
Conclusion
Fire safety legislation in the UK is comprehensive, and rightly so – it’s designed to protect lives, property, and public spaces from preventable harm. Whether you’re an employer, landlord, facilities manager, or building owner, understanding your role as a Responsible Person is essential.
From completing fire risk assessments to maintaining safety systems and cooperating with inspections, compliance is a legal obligation. Enforcement is carried out by a range of bodies, most notably the local Fire and Rescue Authority, but also includes regulators like the Health and Safety Executive (HSE) and the Building Safety Regulator for high-risk buildings.
If you’re unsure about your responsibilities or how to meet them, seek professional advice or consult official government guidance. Fire safety is a shared responsibility and when everyone plays their part, we create safer spaces for all.
Learn more
Want to learn more about fire safety compliance? Read our guide to the regulations behind fire detection and alarm systems.