If you own, manage or control a non-domestic building, or the common parts of a block of flats, you are likely to be the Responsible Person under fire safety law. The single most important thing the law asks of you is a suitable and sufficient fire risk assessment, kept up to date.
Who is the Responsible Person?
In a workplace, it is the employer. In other premises, it is the person who has control of them, such as the owner or the managing agent acting for them. In a block of flats, it is usually the freeholder or the management company for the common parts. There can be more than one Responsible Person in the same building, and they must co-operate.
What the assessment must cover
A suitable and sufficient assessment identifies:
- what could start a fire (sources of ignition) and what could burn (fuel)
- who is at risk, especially people who sleep in the building, people with disabilities and lone workers
- the measures in place to prevent fire, warn people, contain fire and smoke, and help people escape
- what else needs to be done, with priorities and timescales.
Since the Fire Safety Act 2021, assessments for buildings with two or more sets of domestic premises in England and Wales must also consider the structure, external walls (including windows and balconies) and flat entrance doors.
Who should carry it out?
The law says the assessor must be competent. In practice, look for an assessor who is on a recognised register, holds a relevant qualification, has experience of buildings like yours, and carries professional indemnity insurance. For complex or higher-risk buildings, experience matters more than any certificate.
Types of assessment for flats
Guidance for purpose-built blocks of flats describes four types:
- Type 1: common parts, non-destructive. The normal starting point.
- Type 2: common parts, with some destructive inspection.
- Type 3: common parts and flats, non-destructive.
- Type 4: common parts and flats, with destructive inspection.
How often should it be reviewed?
The law requires a review whenever there is reason to think it is no longer valid, for example after building work, a change of use, a fire or a near miss. Many Responsible Persons review annually as good practice. Since October 2023, Responsible Persons in England and Wales must record the full assessment in writing, whatever the size of the business, and in blocks of flats residents must be given relevant fire safety information.
Turning the action plan into action
An action plan is only worth something if the actions get done and recorded. Assign an owner and a date to each item, keep the evidence of completion, and check progress at the next review.
This guide is general information about UK fire safety law and standards, not legal advice for a specific building. If you are unsure what applies to yours, ask us or a qualified adviser.