- Regulatory Reform (Fire Safety) Order 2005
- Section 156 of Building Safety Act 2022
- Home Office Statutory Guidance (Fire Safety England Regulations 2022)
Overview of October 2023 & 2026 statutory fire duties
Under Section 156 of the Building Safety Act 2022 amending the Regulatory Reform (Fire Safety) Order 2005, all Responsible Persons within scope must record their fire risk assessment and fire safety arrangements in full.
It is a common misconception that written fire risk assessments are only required when an employer has five or more employees. While Section 2(3) of the HSWA 1974 retains a five-employee threshold for written *general health and safety policies*, fire safety law has evolved.
Who is the Responsible Person?
Under Article 3 of the Fire Safety Order, the Responsible Person is defined by legal control of non-domestic premises or common parts of residential buildings. This includes:
- Employers with control over workplace premises
- Building owners, landlords, or managing agents for multi-occupied residential blocks
- Facilities managers or duty holders with operational control
Mandatory recording requirements
The Responsible Person must systematically record:
- The fire risk assessment in full — identifying all fire hazards, persons at risk, compartmentation observations, and existing controls
- Fire safety arrangements — documenting the organisation, planning, control, monitoring, and review of fire safety measures
- Identity of assessors — recording the full name and organisation of any person appointed to assist
Fire risk assessor competence reform position (2026 update)
Government has committed to mandatory competence requirements for fire risk assessors. Following public consultation, government continues to analyse responses regarding statutory assessor certification frameworks.
Currently, competence is demonstrated through professional registration on recognised independent registers such as the NFRAR and membership of bodies such as the IFE and IFSM.
Cited Sources & Official References
Frequently Asked Questions
Do fire risk assessments need to be recorded if I have fewer than five employees?
Yes. Since October 2023, Section 156 of the Building Safety Act 2022 requires Responsible Persons within scope to record their fire risk assessment and fire safety arrangements in full, regardless of employee count. The five-employee threshold applies only to the written general health and safety policy under the HSWA 1974.
Is fire risk assessor regulation now law?
No. Government has committed to mandatory competence requirements and a consultation was conducted in 2026, but the reform is not yet enacted legislation. Competence is currently demonstrated through professional registration such as NFRAR and membership of bodies like IFE and IFSM.
Who is the Responsible Person under the Fire Safety Order?
Under Article 3, the Responsible Person is defined by legal control of non-domestic premises or common parts of residential buildings — including employers with control, building owners, landlords, managing agents and facilities managers.
About Louanne Lanahan
Founder & Director · CMIOSH · OSHCR · MIFSM · AIFireE · NFRAR
Chartered Safety Practitioner (CMIOSH), registered on OSHCR, MIFSM, AIFireE, and NFRAR. Founder and Director of Lanahan Risk Management Services Ltd since 2014.