Introduction
Fire safety law in England and Wales is mainly governed by the Regulatory Reform (Fire Safety) Order 2005, often called the Fire Safety Order. It places legal duties on the “Responsible Person” to prevent fires, reduce risks, and ensure people can escape safely if a fire occurs. A Responsible Person may be an employer, owner, landlord, occupier, facilities manager, managing agent, or anyone with control over premises. Where more than one person has control, they must cooperate and coordinate their fire safety duties.
Scope and Definitions
The Fire Safety Order applies to most non-domestic premises, including workplaces, shops, offices, warehouses, schools, care homes, communal areas of blocks of flats, and shared parts of residential buildings. The law does not usually apply inside private domestic dwellings, but it does apply to common parts such as corridors, stairways, plant rooms, and shared entrances. The Responsible Person is the person who has control of the premises, either fully or partly, in connection with business, employment, ownership, or management.
Responsible Person Duties
The Responsible Person must carry out a suitable and sufficient fire risk assessment and keep it up to date. This assessment should identify fire hazards, people at risk, and the measures needed to remove or reduce danger. The Responsible Person must implement appropriate fire precautions, maintain escape routes, provide fire detection and warning systems where needed, and ensure suitable firefighting equipment is available. They must also make arrangements for emergency evacuation and ensure these arrangements are understood by relevant people.
Fire Risk Assessments and Preventive Measures
A fire risk assessment should consider ignition sources, combustible materials, building layout, vulnerable occupants, means of escape, signage, lighting, fire doors, alarms, and staff procedures. The assessment must be reviewed when circumstances change, such as building alterations, changes in occupancy, new work processes, or after a fire or near miss. The Responsible Person must also appoint competent people to assist with fire safety measures where necessary and ensure that equipment, systems, and facilities are maintained in effective working order.
Information, Instruction and Training
Responsible Persons must provide relevant fire safety information to employees and others who may be affected. Employees should receive instruction on fire procedures, evacuation routes, alarm points, and how to report hazards. Training should be given when staff start work and refreshed when risks or procedures change. In shared buildings, Responsible Persons must exchange relevant information with other duty holders to ensure risks are managed consistently.
Residential Buildings and Additional Duties
For multi-occupied residential buildings in England, later legislation has added further requirements. The Fire Safety Act 2021 clarified that the Fire Safety Order covers a building’s structure, external walls, flat entrance doors, and common parts. The Fire Safety (England) Regulations 2022, in force from 23 January 2023, introduced extra duties for Responsible Persons in residential buildings, especially high-rise buildings, including providing fire safety information to residents and, in some cases, sharing building information with fire and rescue services.
Enforcement and Penalties
Fire and rescue authorities normally enforce the Fire Safety Order. They can inspect premises, require improvements, issue enforcement or prohibition notices, and prosecute serious breaches. Non-compliance can lead to significant fines and, in serious cases, imprisonment. Responsible Persons must therefore treat fire safety as an ongoing legal duty, not a one-off exercise, ensuring that risks are assessed, precautions are maintained, and people remain protected.