When Is a Fire Risk Assessment Required for Flats?

Fire safety in residential buildings is a critical issue in the UK, particularly following the Grenfell Tower tragedy. One of the key safeguards is the fire risk assessment (FRA), a legal requirement designed to protect occupants of multi-occupied residential buildings—including flats. But the question often arises: when is a fire risk assessment required for flats?

This article offers a comprehensive guide to the legal obligations, practical triggers, and enforcement landscape concerning FRAs in purpose-built blocks of flats and converted buildings. Whether you are a freeholder, Right to Manage (RTM) company, managing agent, leaseholder landlord, or Responsible Person, this article will clarify your duties and help ensure compliance.

What Is a Fire Risk Assessment?

A Fire Risk Assessment is a systematic review of a building to identify fire hazards, assess the level of risk to occupants, and recommend appropriate mitigation measures. The FRA does not serve as a fire certificate; instead, you must review and update it regularly as a living document.

Under the Regulatory Reform (Fire Safety) Order 2005 (RRFSO), and as amended by the Fire Safety Act 2021 and the Building Safety Act 2022, any person in control of common areas of a multi-occupied residential building must ensure a suitable and sufficient FRA is undertaken.

Which Types of Flats Require a Fire Risk Assessment?

The law requires a Fire Risk Assessments for any flats that have common areas. These include:

1. Purpose-Built Blocks of Flats

Includes high-rise, mid-rise, or low-rise buildings where multiple flats share communal facilities such as staircases, corridors, lobbies, or external access walkways.

The common parts must be assessed for fire risk.

2. Converted Buildings

Houses converted into flats (even if under a single freeholder or landlord) are covered under the legislation.

The standard of conversion is key—non-compliant or poorly converted buildings may require more detailed risk management.

3. Maisonettes With Shared Entrances

If a maisonette shares a common stairwell or hallway with other residences, the assessor must assess the communal area.

4. Houses in Multiple Occupation (HMOs)

Although different parts of the Housing Act 2004 cover HMOs, the RRFSO also requires a fire risk assessment where they contain shared common parts.

What Triggers the Legal Requirement?

The key phrase in the legislation is “common parts.” The fire risk assessment is legally required whenever a residential building has common areas shared by more than one household.

Legal Triggers Include:

Multiple Flats With Shared Access

Communal Stairwells, Entrances, Lobbies

Shared Bin Stores, Meter Rooms, or Bike Storage

Shared Fire Detection or Firefighting Equipment

Undertaking Building Works

Significant Change of Use

After a Fire Incident

Who Is Responsible for Ensuring the Assessment Is Carried Out?

Under the RRFSO, the duty lies with the “Responsible Person.” This may be:

A freeholder

A managing agent acting on their behalf

A Right to Manage (RTM) company

A Residents’ Management Company (RMC)

A leaseholder landlord in control of the common areas

If you control any part of the building where common areas are present, and people other than you live or work there, you are likely to be the Responsible Person under the law.

Under the Building Safety Act 2022, buildings that are over 18 metres or seven storeys and contain at least two residential units must also appoint an “Accountable Person” who may have overlapping responsibilities.

When Must a Fire Risk Assessment Be Updated?

A fire risk assessment is not a one-off task. The law requires it to be “regularly reviewed and updated.”

Common Reasons to Update Include:

Changes to the building layout (e.g. partitioning, loft conversions)

A new use of the building (e.g. short-term lets, Airbnbs)

Following a fire or near-miss incident

Every 1–3 years as best practice (annually for high-risk buildings)

When new materials (e.g. cladding) are added or removed

High-Rise and High-Risk Buildings: Enhanced Requirements

The Fire Safety (England) Regulations 2022, in force since January 2023, imposed additional requirements for residential buildings over 11 metres and 18 metres in height.

For Buildings Over 11m:

Annual fire door checks of flat entrance doors

Quarterly checks of communal fire doors

For Buildings Over 18m (or 7 storeys):

Wayfinding signage for fire services

Floor plans provided to local fire services

Secure information boxes installed

Monthly checks of fire-fighting lifts and systems

In these buildings, fire risk assessments must consider external wall systems, including cladding, insulation, and fixings—commonly addressed via a PAS 9980 appraisal or a FRAEW (Fire Risk Appraisal of External Walls).

What Should a Fire Risk Assessment for Flats Cover?

A suitable and sufficient fire risk assessment will typically include:

Building construction and layout

Means of escape and travel distances

Fire alarm and detection systems

Firefighting equipment (extinguishers, sprinklers)

Emergency lighting and signage

Compartmentation and fire stopping

External wall materials (including cladding)

Housekeeping and combustibles in communal areas

Fire doors, self-closing mechanisms, and their maintenance

Evacuation strategy (stay-put vs. simultaneous evacuation)

Disabled refuge points and accessibility

What Happens if You Don’t Comply?

Failure to carry out a fire risk assessment where required is a criminal offence. Local Fire and Rescue Services enforce the law and can:

Issue enforcement or prohibition notices

Prosecute Responsible Persons

Impose unlimited fines or custodial sentences for serious breaches

Additionally, mortgage lenders and insurers may withhold approvals if satisfactory fire safety documentation is absent—particularly in high-rise blocks or where EWS1 forms are required.

Real-World Examples

A landlord owns a Victorian house split into 4 flats with a shared stairwell: An FRA is required for the common stair, even if each flat is privately let.

An RTM company manages a 10-storey tower block: The block falls under the Fire Safety Regulations 2022 and needs an FRA covering communal areas and the external walls.

A leaseholder landlord rents out a flat in a block but does not manage common areas: They are not the Responsible Person, but they must still ensure their tenant complies with flat-specific measures (e.g. not propping open fire doors).

Do Individual Flats Need Fire Risk Assessments?

Generally, individual flats do not require their own fire risk assessments, unless they are used for:

Commercial purposes (e.g. serviced accommodation)

Short-term lets (e.g. Airbnb, if frequently changing occupants)

Licensed HMOs, which require assessment under the Housing Act 2004

However, landlords and leaseholders must ensure their own unit complies with relevant fire safety regulations, including:

Safe escape routes

Working smoke alarms

Fire doors not being altered or wedged open

How Often Should You Carry Out a Fire Risk Assessment?

There is no strict statutory frequency, but government guidance and best practice suggest:

Low-rise (under 11m)	Every 3 years
Mid-rise (11–18m)	Every 2 years
High-rise (18m+/7+ storeys)	Annually
Buildings with complex layouts	Annually
Following major works or changes	Immediately

Even in low-rise blocks, if the last FRA is over 3 years old, or if circumstances have changed, it is time for a new assessment.

Professional Support: Why You Need a Competent Assessor

Fire risk assessments must be carried out by someone who is competent, meaning they have sufficient training, experience, and knowledge of fire safety.

Choosing a qualified professional—especially for complex or high-rise buildings—ensures:

Compliance with the RRFSO and new regulations

Robust identification of hazards

Insurance and mortgage viability

Protection from enforcement action

Look for assessors registered with organisations such as the Institution of Fire Engineers (IFE) or Fire Risk Assessors Certification Scheme (FRACS).

Key Takeaways

A fire risk assessment is legally required for any block of flats or converted house where there are common areas.

The duty falls on the Responsible Person—often a managing agent, freeholder, or RTM company.

High-rise and high-risk buildings face additional requirements under the Fire Safety (England) Regulations 2022.

The FRA must be kept up to date, especially following building works or significant changes.

Failure to comply can lead to criminal prosecution, enforcement notices, and reputational damage.

Professional support is strongly recommended to ensure your fire risk assessment is suitable, sufficient, and compliant.

Need help with your fire risk assessment for flats?

Anstey Horne’s expert team of fire safety professionals are here to assist with legally compliant fire risk assessments, retrospective fire strategies, and FRAEW appraisals for residential buildings across the UK. Whether you manage a single block or a national portfolio, we can help you stay safe—and compliant.

Get in touch with us today to arrange a no-obligation consultation - please call 020 4534 3130.

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