Who Is Legally Responsible for Fire Risk Assessments?

When it comes to fire safety in buildings, few responsibilities are as crucial — or as misunderstood — as the fire risk assessment. Whether you're a landlord, business owner, managing agent or tenant, understanding who is legally responsible for fire risk assessments can make the difference between compliance and criminal prosecution.

In this article, we’ll break down the legal responsibilities around fire risk assessments in England and Wales, explain who must act, and provide guidance on how to stay compliant with the law. Whether you're managing a residential block, running a business, or leasing part of a premises, this guide gives you the facts you need.

What Is a Fire Risk Assessment?

A fire risk assessment is a systematic review of a building or premises to identify fire hazards, evaluate the risk, and recommend measures to reduce or remove the risk of fire. It forms the bedrock of fire safety compliance under the Regulatory Reform (Fire Safety) Order 2005.

Fire risk assessments must be:

Suitable and sufficient (not generic or superficial)

Regularly reviewed, especially after significant changes

Documented if the premises has 5 or more employees, or if a licence under other legislation is required

It’s not just a paperwork exercise. Failing to carry out a proper fire risk assessment can lead to enforcement notices, prohibition orders, fines, and even imprisonment.

The Legal Framework

In England and Wales, the main piece of legislation governing fire safety is the Regulatory Reform (Fire Safety) Order 2005 (often shortened to the Fire Safety Order).

Under this legislation, the key term is the “Responsible Person” — the individual or organisation legally obliged to ensure fire safety is managed effectively.

So, Who Is Legally Responsible for Fire Risk Assessments?

1. Employers

If a workplace is involved, the employer is usually the Responsible Person. This applies whether the business owns or leases the space. They must ensure a fire risk assessment is completed and that necessary precautions are in place.

Example: A company leasing an office floor is responsible for carrying out a fire risk assessment for the area it occupies, including escape routes if under its control.

2. Building Owners and Landlords

In non-domestic buildings and common areas of multi-occupied residential buildings, the freeholder or landlord is often the Responsible Person.

Example: A landlord who owns a block of flats must carry out a fire risk assessment of all communal areas such as stairwells, lobbies, and shared entrances.

This duty now includes the structure, external walls (including cladding), balconies, and flat entrance doors — following the Fire Safety Act 2021 and Fire Safety (England) Regulations 2022.

3. Managing Agents

Property managing agents can be appointed to act on behalf of the freeholder or landlord. If they have contractual responsibility for fire safety, they become the Responsible Person.

⚠️ Important: This is not automatic. The agent must be clearly assigned this duty in the management agreement or contract.

4. Tenants and Occupiers

In some leases, especially in commercial settings, the tenant may be given full responsibility for the demised premises — meaning they must carry out their own fire risk assessment.

Example: A shop tenant in a high street unit is likely responsible for fire safety within their own unit, even if the landlord handles the overall building.

5. Shared Responsibility

In many buildings, especially mixed-use or multi-let premises, responsibilities are shared. Each party must take care of fire safety in the areas they control.

Key principle: Fire safety duties follow control — not just ownership.

The Role of Competent Persons

While the law requires the Responsible Person to ensure a fire risk assessment is completed, it also states that it must be done by a “competent person”.

A competent person must:

Understand fire safety principles and risk assessment methodology

Know the specific legal requirements of the premises

Be able to make recommendations that reduce risk and meet compliance standards

Note: While you can do your own fire risk assessment, unless you have the skills and knowledge, it’s best to use a qualified professional.

What Happens If You Don’t Comply?

Failing to carry out a proper fire risk assessment can have serious consequences:

Enforcement notices requiring action

Prohibition notices stopping use of unsafe areas

Criminal prosecution

Fines (often unlimited)

Prison sentences

Fire services across England and Wales regularly prosecute landlords, business owners and directors for breaches of the Fire Safety Order — particularly after incidents or audits.

How Often Must a Fire Risk Assessment Be Reviewed?

The law requires fire risk assessments to be regularly reviewed to remain up to date. You must review your assessment:

Annually, as good practice

After a fire or near-miss

Following significant changes, e.g., layout, staff numbers, materials stored

After renovations or building works

You must also record the findings if your business has 5 or more employees, or if your premises is licensed or subject to other legislation.

Recent Changes in the Law (as of 2023–2025)

Fire Safety Act 2021

Clarified that fire risk assessments must include:

External walls

Cladding

Flat entrance doors

Fire Safety (England) Regulations 2022

Introduced new duties for high-rise and multi-occupied residential buildings, including:

Routine checks on fire doors

Providing fire safety instructions to residents

Supplying building plans to fire services

How Anstey Horne Can Help

At Anstey Horne, we work with landlords, occupiers, agents and developers across the UK to deliver clear, compliant and actionable fire safety advice.

Our services include:

Fire Risk Assessments (including complex or multi-use premises)

Retrospective Fire Strategies (for building sign-off or HSE compliance)

FRAEW surveys for EWS1 certificates

Building Safety Act advice and compliance support

We ensure that every fire risk assessment is tailored to your premises, complies with the latest legislation, and reduces your exposure to risk and liability.

FAQs: Who Is Legally Responsible for Fire Risk Assessments?

Q1: I rent an office in a multi-tenant building. Do I need to do my own fire risk assessment?
Yes — if you control your office space, you are responsible for assessing fire risk within it. The landlord is likely responsible for common areas.

Q2: Is my letting agent responsible for fire safety in my rental property?
Only if they have been contractually appointed to handle fire safety duties. Otherwise, the landlord retains legal responsibility.

Q3: What qualifies someone as a “competent person” to do a fire risk assessment?
They should have relevant training, experience, and understanding of fire safety law and building risks. Many use third-party accredited consultants like Anstey Horne.

Q4: How often do I need to update the fire risk assessment?
At least annually as good practice, or sooner if there are significant changes or a fire incident.

Q5: Who checks whether I’ve done it properly?
Local fire and rescue services have enforcement powers under the Fire Safety Order. They carry out audits, issue notices, and prosecute non-compliance.

Key Takeaways - Who Is Legally Responsible for Fire Risk Assessments?

The Responsible Person is legally accountable for fire risk assessments.

Employers, landlords, agents and tenants may all be responsible — depending on control and contractual arrangements.

Fire risk assessments must be suitable, sufficient and kept up to date.

You don’t need to do it yourself — but you do need to ensure it’s done properly.

Recent legal updates have increased obligations, particularly in multi-residential and high-rise buildings.

Need a professional Fire Risk Assessment for your property?

Anstey Horne provides comprehensive, accredited fire safety assessments tailored to every building type. Our experts help you stay compliant, reduce risk, and protect lives.

Get in touch with us today to arrange a no-obligation consultation.

We provide specialist assessment and mitigation advice on buildings that fail to meet the required safety standards.

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

For further information on Fire Risk Assessments please fill in our contact form and we will be in touch.

For further information on all aspects of this service see the collection of articles in our blog.

To commission a Fire Risk Assessment please call 020 4534 3130.

For further information on Fire Risk Assessment, Retrospective Fire Strategies, FRAEWs or advice in respect of your obligations as a building owner, developer or manager, please contact :