Fire safety responsibility normally sits with the person or organisation that controls a workplace or managed premises. Depending on how a building is owned, occupied and managed, there may be more than one legally responsible party.
The short answer
Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person is usually the employer in a workplace, or the owner, landlord, occupier or other person who controls the premises. Appointing a fire risk assessor can provide competent assistance, but it does not simply transfer the Responsible Person’s ongoing duties.
What is a Responsible Person?
“Responsible Person” is the legal term used by the Fire Safety Order. For a workplace, this will normally be the employer where the workplace is under their control. In other premises, it may be the person who controls the premises in connection with a trade, business or other undertaking, including a non-profit organisation. The owner can be the Responsible Person where no other person has that type of control.
The role can belong to an organisation rather than one named individual. A limited company, local organisation or charity may therefore be the Responsible Person and rely on directors, managers or employees to carry out tasks on its behalf.
The Fire Safety Order applies to workplaces and non-domestic premises in England and Wales. It also applies to the common parts of buildings containing two or more domestic premises. Private domestic areas are generally treated differently, so the exact boundary of control matters.
Who might be responsible for fire safety?
The answer depends on who has control of the premises and the activities carried out there. Common examples include:
Usually responsible for a workplace that is under their control.
Often responsible for common areas, structure and measures under their control.
May be responsible for the area they occupy and the activities they control.
May hold duties to the extent that a management agreement gives them control.
Can carry out day-to-day tasks on behalf of the responsible organisation.
Anyone with control over fire precautions may have duties to that extent.
Job titles alone do not settle the question. Leases, contracts, management agreements and the practical reality of who controls each part of the building should be considered together.
Can there be more than one Responsible Person?
Yes. Shared responsibility is common in multi-occupied offices, shopping centres, blocks of flats, mixed-use buildings and premises where the landlord retains control of common areas.
For example, an employer may control its office suite while a landlord or managing agent controls the entrance, shared corridors, alarm system or escape routes. Each party’s assessment and arrangements must work together. One organisation cannot assume that another has dealt with a shared risk without checking.
Responsible Persons must co-operate and co-ordinate. Current duties also require them to take reasonable steps to identify one another, exchange names and UK addresses, confirm the extent of their responsibilities and keep a record of that information.
What are the main duties of a Responsible Person?
The precise measures will depend on the building and the people who may be affected. Core responsibilities commonly include:
- Arranging a suitable and sufficient fire risk assessment and understanding how often it should be reviewed.
- Recording the fire risk assessment in full, including its findings and the measures taken or planned.
- Putting appropriate fire precautions in place and maintaining them.
- Providing suitable detection, warning, escape routes, emergency lighting, signs and firefighting equipment where required by the assessment.
- Preparing appropriate emergency procedures and evacuation arrangements.
- Providing information and training to employees and relevant information to other people who may be affected.
- Considering people who may need additional assistance to escape.
- Acting on significant findings rather than treating the assessment as a document to be filed away.
- Co-operating with other Responsible Persons and passing relevant fire safety information to an incoming Responsible Person.
Following changes introduced through section 156 of the Building Safety Act 2022, all Responsible Persons must record their fire risk assessment and fire safety arrangements. The earlier limitations based on employee numbers or licensing no longer apply.
Does appointing a fire risk assessor transfer responsibility?
No. A competent assessor can help complete or review the assessment, identify hazards and recommend proportionate actions. However, the Responsible Person still needs to make sure an appropriate assessment is in place, understand the findings and manage the resulting actions.
The identity of anyone appointed to assist with the assessment should be recorded. Assessors also carry responsibility for the quality of the professional work they undertake, which is why competence, appropriate qualifications, experience and insurance should be checked.
Eon Fire and Safety provides professional fire risk assessments and practical follow-up consultancy for organisations across London and Surrey.
Examples in different types of premises
A rented office
The employer may be responsible for its staff, work activity and occupied space. The landlord or managing agent may control common corridors, the building alarm and shared escape routes. Both sides may therefore need to co-operate.
A block of flats or HMO
The owner, freeholder, landlord or managing organisation will commonly have duties for common parts and building-wide measures. The exact position depends on ownership, management arrangements and control. Additional residential fire safety requirements may also apply.
A restaurant, shop or hospitality venue
The employer or operator will normally control the workplace and customer areas. A landlord may retain responsibilities for shared areas, structure or systems serving the wider building.
A charity or community organisation
Non-profit status does not remove fire safety duties. The organisation or person controlling the premises and activities may still be the Responsible Person.
A practical checklist for your premises
- Identify who controls the premises.Review the lease, management agreement, contracts and day-to-day arrangements.
- Identify every other Responsible Person.Include landlords, tenants, employers and managing organisations where responsibilities overlap.
- Record who is responsible for what.Exchange names, UK addresses and the extent of each party’s control.
- Check the fire risk assessment.Confirm that it covers the right premises, activities and people and reflects current conditions.
- Turn findings into an action plan.Prioritise significant risks, allocate owners and retain evidence of completion.
- Keep arrangements under review.Review after meaningful changes, incidents or new information and at suitable regular intervals.
When should you seek competent help?
Professional assistance is particularly valuable when premises are complex, contain sleeping accommodation, accommodate vulnerable people, have several occupiers, include unusual processes, or lack a current and suitable assessment. You should also seek advice if responsibilities are unclear or significant changes are planned.
Need a clear starting point?
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Frequently asked questions
Can a company be the Responsible Person?
Yes. The Responsible Person is often an organisation, such as an employer or management company, rather than a single employee. Individuals may be appointed to manage tasks for the organisation.
Is the landlord always responsible?
Not always. A landlord may be responsible for areas and systems it controls, while an employer or tenant may be responsible for its workplace and activities. More than one party can have duties.
Can a managing agent be a Responsible Person?
A managing agent may have duties to the extent that it controls the premises or fire safety measures. The management agreement and actual working arrangements should be reviewed.
Is a fire risk assessor the Responsible Person?
An external assessor normally assists the Responsible Person and does not take over ongoing management of the premises. The assessor must nevertheless provide competent professional work.
What happens when responsibility is shared?
The parties must identify one another, co-operate, co-ordinate their measures and make sure their assessments form a coherent approach for the whole premises.
Reviewed by Eon Fire and Safety’s ABBE Level 3 qualified fire risk assessor. IFSM Technician #8791 and NFRAR Foundation Registered.
This article provides general information for premises in England and is not a substitute for advice based on the particular building, activities, occupancy and contractual arrangements.