- Regulatory Reform (Fire Safety) Order 2005 (Article 3)
- Fire Safety Act 2021
Defining the Responsible Person
Under Article 3 of the Fire Safety Order 2005, the Responsible Person is defined by legal control of non-domestic premises or the 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
Not always the business owner
A common misconception is that the Responsible Person is always the business owner. In multi-tenanted buildings, the landlord or managing agent may be the Responsible Person for the common parts, while individual employers are responsible for their own areas. Responsibility is determined by control — not by job title.
Multiple Responsible Persons
Where there are multiple Responsible Persons, they must co-operate, share information and co-ordinate their fire safety arrangements. This is a legal duty under the Fire Safety Order, not a courtesy.
The Fire Safety Act 2021
The Fire Safety Act 2021 clarified that the scope of the Responsible Person's duties includes the building's structure and external walls (including cladding and balconies) for relevant buildings.
Competent assistance
The Responsible Person must appoint one or more competent persons to assist — but ultimate legal responsibility remains with the Responsible Person, not the assessor. Appointing a consultant does not transfer the legal duty.
Cited Sources & Official References
Frequently Asked Questions
Who is the Responsible Person for fire safety?
Under Article 3 of the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person is defined by legal control of non-domestic premises or the common parts of residential buildings. This includes employers with control, building owners, landlords, managing agents and facilities managers.
Is the Responsible Person always the business owner?
No. The Responsible Person is determined by control and legal responsibility for the premises. In multi-tenanted buildings, the landlord or managing agent may be the Responsible Person for the common parts, while individual employers are responsible for their own areas.
Does appointing a fire risk assessor transfer 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 the legal duty.
What happens when there are multiple Responsible Persons?
Where there are multiple Responsible Persons, they must co-operate, share information and co-ordinate their fire safety arrangements. This is a legal duty under the Fire Safety Order.
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.
