- Regulatory Reform (Fire Safety) Order 2005
- Section 156 of the Building Safety Act 2022
- Fire Safety (England) Regulations 2022
The Fire Safety Order
In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 requires the Responsible Person to ensure that a suitable and sufficient fire risk assessment is carried out for premises within scope. This duty is set out in Article 9 of the Order.
The Responsible Person is determined by control and legal responsibility for the premises — not always the business owner. This is defined in Article 3.
Recording duties (post-October 2023)
Following Section 156 of the Building Safety Act 2022, Responsible Persons within scope must record their fire risk assessment and fire safety arrangements in full — regardless of the number of employees.
The five-employee threshold still applies to the written general health and safety policy under Section 2(3) of the HSWA 1974 — but fire safety law has moved on. Keep the two rules separate.
Scotland and Northern Ireland
Different fire safety legislation applies in Scotland (the Fire (Scotland) Act 2005 and associated regulations) and Northern Ireland (the Fire Safety Regulations (Northern Ireland) 2010). Organisations operating across the UK must apply the correct legislation for each premises.
Review triggers
A fire risk assessment must be reviewed regularly and whenever change triggers apply — not automatically on a fixed annual expiry. We record the actual review recommendation based on the premises and findings.
Who must carry out the assessment
The Responsible Person must appoint one or more competent persons to assist. Competence is a combination of knowledge, training, skills and experience appropriate to the premises. In the absence of statutory regulation of fire risk assessors, competence is demonstrated through professional registration such as the NFRAR and membership of bodies such as the IFE and IFSM.
Cited Sources & Official References
Frequently Asked Questions
Is a fire risk assessment a legal requirement?
Yes. In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 requires the Responsible Person to ensure a suitable and sufficient fire risk assessment is carried out for premises within scope. Different legislation applies in Scotland and Northern Ireland.
Does the five-employee rule apply to fire risk assessments?
No. 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.
Who is the Responsible Person for fire safety?
Under Article 3 of the Fire Safety Order, the Responsible Person is defined by control and legal responsibility for the premises — not always the business owner. This includes employers with control, building owners, landlords and managing agents.
Does appointing a fire risk assessor transfer legal responsibility?
No. The Responsible Person can appoint a competent assessor to carry out the assessment, but ultimate legal responsibility remains with the Responsible Person. The assessor provides professional assistance, not a transfer of duty.
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.