Is a Fire Risk Assessment a Legal Requirement? UK Business Guide

Yes. Fire safety law requires Responsible Persons for relevant premises to ensure that an appropriate fire risk assessment is carried out and kept under review.

For businesses, employers, landlords and organisations, understanding these responsibilities is extremely important. A fire risk assessment is not simply paperwork. Instead, it is a fundamental part of identifying fire hazards and deciding what precautions are necessary to protect people.

In this guide, AK Fire Safety Ltd explains when a fire risk assessment is required, who is responsible, what the law says and what businesses should do when deficiencies are identified.

Quick Answer: Is a Fire Risk Assessment Required by Law?

For relevant premises, yes.

In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 places fire safety duties on the Responsible Person.

Those responsibilities include carrying out a suitable and sufficient assessment of fire risks and taking appropriate fire precautions.

Furthermore, changes introduced through later fire safety legislation have strengthened requirements concerning the recording and management of fire safety information.

Contents

• What law requires a fire risk assessment?
• Who is responsible?
• Which premises require an assessment?
• Do small businesses need one?
• Do landlords need one?
• What if you employ five or more people?
• Does the assessment need to be recorded?
• Who can carry out the assessment?
• How often should it be reviewed?
• What happens if you do not have one?
• What if deficiencies are found?
• Frequently asked questions

What Law Requires a Fire Risk Assessment?

In England and Wales, the principal legislation governing fire safety in many non-domestic premises is the Regulatory Reform (Fire Safety) Order 2005.

The legislation places duties on the Responsible Person to manage fire safety within relevant premises.

A central part of these responsibilities is assessing fire risks and putting appropriate precautions in place.

Consequently, businesses should not regard the assessment as an optional health and safety document.

Official information about workplace responsibilities is available from GOV.UK – Fire Safety in the Workplace.

Who Is Responsible for the Fire Risk Assessment?

The legislation uses the term Responsible Person.

Depending on the circumstances, the Responsible Person may include:

• An employer
• The owner of the premises
• A landlord
• An occupier
• A managing agent in certain circumstances
• Another person with control of the premises

Furthermore, a building can have more than one Responsible Person.

Where responsibilities overlap, Responsible Persons may need to cooperate and coordinate with each other to ensure fire safety is managed effectively.

The government provides additional information in its guide for people with duties under fire safety laws.

Which Premises Require a Fire Risk Assessment?

Fire safety legislation applies across a broad range of premises.

Examples can include:

• Offices
• Shops
• Warehouses
• Factories
• Industrial units
• Schools
• Nurseries
• Care premises
• Hotels
• Guest accommodation
• Restaurants
• Pubs
• Healthcare premises
• Community centres
• Places of worship
• Commercial buildings
• Common areas of certain residential buildings

However, the precise legal position depends on the type of premises and where in the UK it is located. Therefore, Responsible Persons should ensure they understand the legislation applying to their particular property.

Does a Small Business Need a Fire Risk Assessment?

One of the most common misconceptions is that very small businesses are automatically exempt.

That is not a safe assumption.

Fire safety responsibilities are not simply determined by whether an organisation considers itself a small business.

A small office, shop, workshop or commercial unit can still contain fire hazards and people who need to be protected.

Therefore, the Responsible Person should establish what fire safety duties apply to the premises and ensure an appropriate assessment is completed.

Does an Office Need a Fire Risk Assessment?

Workplace fire safety duties apply to offices.

Although many offices may appear relatively low risk, hazards can still include:

• Electrical equipment
• Portable appliances
• Kitchen equipment
• Heating equipment
• Combustible materials
• Storage
• Waste
• Blocked escape routes

The assessment should also consider the fire alarm, emergency lighting, escape routes, fire doors and other fire precautions provided.

Do Warehouses Need Fire Risk Assessments?

Warehouses can present significant fire risks because large quantities of combustible materials may be stored within a single building.

Additional considerations may include high-level storage, forklift charging areas, loading bays, electrical equipment, machinery and potentially long travel distances.

As a result, warehouse fire risk assessments can be considerably more complex than those for small offices.

Do Schools Need Fire Risk Assessments?

Schools require effective fire safety arrangements because they accommodate pupils, employees, visitors and contractors.

Assessments may need to consider:

• Fire detection and warning
• Emergency lighting
• Fire doors
• Means of escape
• Evacuation procedures
• Fire drills
• Staff responsibilities
• People requiring additional assistance

Do Landlords Need a Fire Risk Assessment?

Landlords should understand the fire safety legislation applying to the type of property they own or manage.

For example, the Fire Safety Order can apply to common parts of buildings containing two or more domestic premises.

Additional legislation and guidance can also apply to certain residential buildings and houses in multiple occupation.

Therefore, landlords and managing agents should obtain competent advice where they are uncertain about their responsibilities.

What If a Business Has Five or More Employees?

Older fire safety advice often focused heavily on whether an organisation employed five or more people when discussing written fire risk assessments.

However, Responsible Persons should be aware that the legal framework has changed.

The Fire Safety Act 2021 and Section 156 of the Building Safety Act 2022 introduced and strengthened several requirements affecting Responsible Persons.

Government guidance explains that Responsible Persons must record their completed fire risk assessment and fire safety arrangements.

For current information, refer to GOV.UK guidance on Section 156 of the Building Safety Act 2022.

Does a Fire Risk Assessment Need to Be Recorded?

Yes. Current requirements place importance on recording the fire risk assessment and fire safety arrangements.

A written assessment provides a clear record of:

• Fire hazards identified
• People at risk
• Existing precautions
• Significant findings
• Required improvements
• Fire safety arrangements

Furthermore, maintaining a clear record makes future reviews easier because changes to the building can be compared against previous findings.

What Does “Suitable and Sufficient” Mean?

A fire risk assessment should properly reflect the premises and the fire risks present.

Therefore, simply downloading a generic template and completing a few boxes may not provide an adequate assessment for a complex building.

The assessment should be proportionate to factors such as:

• Building size
• Building complexity
• Occupancy
• People particularly at risk
• Fire hazards
• Business processes
• Escape arrangements
• Existing fire precautions

Who Can Carry Out a Fire Risk Assessment?

The Responsible Person can arrange for a competent person to assist with the assessment.

For straightforward premises, a Responsible Person with sufficient knowledge and competence may be capable of completing the assessment.

However, larger or more complicated premises may require substantially greater fire safety knowledge.

Professional assessment should therefore be considered where the Responsible Person does not have the knowledge or experience necessary to carry out a suitable assessment.

The Fire Industry Association provides additional guidance relating to fire risk assessments and selecting competent assessors.

What Are the Five Steps of a Fire Risk Assessment?

Government guidance presents a five-step approach.

1. Identify Fire Hazards

Identify potential sources of ignition, fuel and other factors that could contribute to a fire.

2. Identify People at Risk

Consider everyone who could be affected, particularly people who may require additional assistance.

3. Evaluate, Remove, Reduce and Protect

Evaluate the risk and determine whether existing fire precautions are adequate. Remove hazards where possible and reduce remaining risks.

4. Record, Plan, Inform, Instruct and Train

Record the findings, establish appropriate emergency arrangements and provide relevant information and training.

5. Review

Keep the assessment under review and update it when necessary.

For a much more detailed explanation, read our cornerstone guide: What Is a Fire Risk Assessment? Complete UK Guide.

You can also view the official GOV.UK five-step fire risk assessment checklist.

How Often Does a Fire Risk Assessment Need to Be Reviewed?

A fire risk assessment should be kept under review rather than treated as a document that simply expires after an arbitrary period.

A review may be particularly important following:

• Building alterations
• Changes to occupancy
• Changes to room layouts
• Changes to business activities
• Introduction of new equipment
• Changes to fire protection systems
• A fire or significant fire-related incident
• Evidence that the existing assessment is no longer valid

Routine periodic reviews are also sensible because buildings and working arrangements can gradually change over time.

What Happens If You Do Not Have a Fire Risk Assessment?

Failing to comply with fire safety duties can have serious consequences.

Depending on the circumstances, enforcement authorities have powers available to address inadequate fire safety arrangements.

However, legal enforcement should not be the only concern.

An inadequate assessment can mean serious hazards remain unidentified, potentially putting employees, visitors, residents, customers and other occupants at unnecessary risk.

Who Enforces Fire Safety Law?

Fire and rescue authorities are responsible for enforcing the Fire Safety Order in many premises, although other enforcing authorities apply in certain circumstances.

Enforcement officers may inspect premises and review the fire safety arrangements in place.

Depending on the situation, this can include reviewing:

• The fire risk assessment
• Fire safety records
• Escape routes
• Fire alarms
• Emergency lighting
• Fire doors
• Fire-fighting equipment
• Staff training
• Evacuation arrangements

What If the Assessment Finds Fire Safety Problems?

Identifying a problem is only the first step.

The Responsible Person should consider the findings and take appropriate corrective action.

For example, the assessment might identify: Finding Potential Action Insufficient fire detection Review or upgrade the fire alarm system. Fire alarm faults Arrange investigation by a competent fire alarm engineer. Emergency lighting defects Repair or replace defective equipment. Unsuitable extinguishers Review extinguisher provision and servicing. Fire door defects Arrange appropriate inspection and remedial works. Blocked escape routes Remove obstructions and improve management procedures. Insufficient training Provide suitable staff fire safety instruction and training.

Fire Alarm Problems Identified During an Assessment

Fire alarm deficiencies can have a significant impact on life safety because effective warning is essential during a fire.

Where problems are identified, AK Fire Safety provides fire alarm maintenance, fire alarm servicing and commercial fire alarm installation.

Businesses should also maintain appropriate routine testing arrangements. Read our guide to weekly fire alarm testing.

Emergency Lighting Problems

Emergency lighting can be essential where occupants need illumination to evacuate safely following failure of the normal lighting supply.

If your assessment identifies inadequate coverage or defective equipment, specialist investigation may be necessary.

Learn more about emergency lighting installation and maintenance.

Fire Extinguisher Problems

Extinguishers should be suitable for the fire risks present and maintained appropriately.

AK Fire Safety provides fire extinguisher supply and servicing for commercial premises.

Fire Door Problems

Damaged or poorly maintained fire doors can reduce the effectiveness of the building’s passive fire protection.

Where detailed investigation is required, consider a professional fire door inspection.

Has Your Fire Risk Assessment Identified Problems?

AK Fire Safety Ltd can help businesses address fire safety deficiencies identified during a fire risk assessment.

Our commercial services include fire alarms, emergency lighting, fire extinguishers, fire door inspections and associated fire protection services.

Contact AK Fire Safety Call 01604 459588

Email: sales@akfiresafety.co.uk

Frequently Asked Questions

Is a fire risk assessment legally required?

Fire safety legislation requires Responsible Persons for relevant premises to assess fire risks and manage appropriate fire precautions. In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 is the principal legislation for many non-domestic premises.

Does every business need a fire risk assessment?

Fire safety duties apply to a very broad range of workplaces and relevant premises. Businesses should determine which requirements apply to their specific property and circumstances.

Does a small business need one?

Being a small business does not automatically remove fire safety responsibilities. The risks, premises and people who could be affected still need to be appropriately considered.

Does a landlord need a fire risk assessment?

Fire safety duties can apply to landlords and those controlling certain residential premises, particularly common areas. The precise requirements depend on the property and relevant legislation.

Can I do my own fire risk assessment?

A Responsible Person may be capable of completing an assessment for straightforward premises where they have sufficient competence. More complicated premises may require professional assistance.

Does a fire risk assessment need to be written down?

Current fire safety requirements place duties on Responsible Persons concerning recording the fire risk assessment and fire safety arrangements.

How often should the assessment be reviewed?

The assessment should be kept under review and updated where necessary, particularly following significant changes that could affect fire risks or existing precautions.

Can you be fined for not having a suitable fire risk assessment?

Failure to comply with fire safety legislation can lead to enforcement action and, depending on the circumstances and offence, prosecution and financial penalties.

Official Fire Safety Resources

For further authoritative information, visit:

• GOV.UK – Workplace Fire Safety Responsibilities
• Regulatory Reform (Fire Safety) Order 2005
• GOV.UK – Five-Step Fire Risk Assessment Checklist
• GOV.UK – Section 156 Fire Safety Responsibilities
• Fire Industry Association – Fire Safety Advice

Conclusion: Fire Risk Assessments Are an Important Legal Responsibility

For Responsible Persons, carrying out and maintaining an appropriate fire risk assessment is a fundamental part of complying with fire safety law and protecting people within the premises.

However, the assessment should not simply be completed and stored away. Its findings need to be considered, necessary improvements implemented and the assessment kept under review.

Furthermore, fire protection systems such as fire alarms, emergency lighting, fire extinguishers and fire doors must continue to be appropriately inspected and maintained.

For a comprehensive explanation of the assessment process, read our complete guide to fire risk assessments.

If your assessment has identified deficiencies with your fire protection systems, contact AK Fire Safety Ltd for professional support throughout the UK.