Is a Fire Risk Assessment a Legal Requirement?

By law, all business premises must have a fire risk assessment.

A fire risk assessment is a systematic examination of all potential fire hazards present on business premises. Its primary purpose is to identify possible sources of fire, assess the risks associated with those hazards, and implement measures to minimise the likelihood of a fire occurring. 

It’s an essential part of a business’s overall fire safety strategy. By examining the premises and how your staff and customers use them, you can better understand and proactively manage any risks.

But knowing where to start can be tricky. That’s why we’ve created this guide, to take you through everything you need to know about this critical part of fire safety.

Main Objectives

• Identify Fire Hazards: Recognise potential sources that could lead to a fire.
• Identify People at Risk: Determine who might be at risk in the event of a fire, such as employees, visitors, and vulnerable individuals.
• Evaluate Risks and Implement Controls: Assess the likelihood of a fire occurring and implement measures to reduce or eliminate the risk.
• Record and Review Findings: Document the assessment’s findings and the actions taken to reduce risks and ensure the assessment is regularly reviewed and updated.
• Ensure Compliance: The business complies with all relevant fire safety legislation, including the Regulatory Reform (Fire Safety) Order 2005.

The Legal Obligations for Businesses

The Regulatory Reform (Fire Safety) Order 2005 (often referred to as the Fire Safety Order or FSO) covers UK businesses’ fire safety rules. This legislation applies to all non-domestic premises in England and Wales, including common areas of multi-occupied residential buildings or HMO’s. 

The business must conduct a fire risk assessment, which it should regularly review to ensure the safety of those using the premises.

The equivalent legislation for businesses operating in Scotland is the Fire (Scotland) Act 2005; in Northern Ireland, it’s the Fire and Rescue Services (Northern Ireland) Order 2006. While the core rules are similar, businesses should be aware of specific provisions in these regions.

Who is responsible?

The FSO requires a ‘competent person’ to ensure that a fire risk assessment is carried out. This person could be:

• The employer in the workplace.
• The owner or landlord if they control the premises.
• An occupier or a facilities manager with control over the premises.

The government recommends that fire risk assessments in the UK are carried out by competent fire professionals. To demonstrate competency, fire risk assessors must meet the Fire Risk Assessment Competency Council’s (FRACC) criteria which includes: 

• Having professional certification.
• Having experience assessing fire risks for the type of building being assessed.
• Maintaining continuous professional development (CPD).

Responsibility may be shared in multi-occupancy buildings, but the responsible person or landlord must coordinate with others to ensure that fire safety measures are coherent and effective throughout the building.

When do you need to carry it out?

You must carry out a fire risk assessment:

• When new operations start: When a business begins operating in new premises.
• After significant changes: This includes changes to the building layout, use of the premises, or the workforce or occupancy levels.
• Regularly reviewed: Even if there have been no changes, the assessment should be reviewed periodically to account for any overlooked risks or updates in fire safety standards.

Documentation and record-keeping

As a business, landlord, or responsible person, you’ll need to keep a written record of the fire risk assessment. This document should include any findings, the measures taken to address identified risks, and details of anyone identified as particularly at risk.

If the fire authority inspects your premises, you’ll need this record to demonstrate compliance.

There are severe penalties for non-compliance

Failure to comply with the legal requirements for fire risk assessments can result in severe consequences, including:

• Fines and Prosecution: Non-compliance can lead to unlimited fines and, in severe cases, imprisonment of the responsible person.
• Enforcement Notices: Fire authorities can issue enforcement notices requiring specific improvements. Continued non-compliance can result in a prohibition notice, effectively shutting down part or all of the business operations until the issues are resolved.

Who Does the Assessment?

We mentioned a ‘responsible person’ earlier. They are ultimately responsible for carrying out the assessment. They can also carry it out if they have the knowledge, skills, and experience to identify fire risks and implement appropriate safety measures.

For larger or more complex premises, it’s generally advisable to engage a qualified fire risk assessor or a fire safety professional, like Safety Hands. 

We specialise in fire compliance services, with a highly-trained team that can thoroughly evaluate fire hazards, recommend effective control measures, and ensure compliance with legal requirements. 

While not a legal necessity, hiring a specialist provides peace of mind and helps address all potential risks. It also avoids any enforcement action taken by the FSO for an inadequate or non-compliant fire risk assessment, of which there have been many in 2024.

Ultimately, whether you decide to conduct the assessment in-house or use an external professional, the responsible person remains accountable for completing the fire risk assessment and keeping it up-to-date.

Remember: Regularly Review Your Assessment

Conducting a fire risk assessment is a task that takes time to complete. Businesses are dynamic – workspaces evolve, new equipment is introduced, and personnel changes occur. All these factors can alter the risk profile of your premises.

It is crucial to regularly review and update your fire risk assessment to ensure it remains accurate and effective. You should review your fire risk assessment:

• Annually: It is a good practice to review your fire risk assessment at least once a year, even if no significant changes have occurred.
• After Major Changes: Immediately review and update the assessment after any significant changes to the premises, such as a refurbishment, a change in use, or an increase in occupancy.
• Post-Incident: If a fire or near-miss incident occurs, a review should be conducted to understand the cause and prevent future occurrences.

How to conduct a review

• Revisit Each Area of the Assessment: Review the original fire risk assessment document, checking each identified hazard and control measure to see if they are still relevant and practical.
• Engage with Staff: Involve employees in the review process. They might have noticed hazards or issues that need to be addressed.
• Update Records: Ensure all changes, updates, and results are documented. 

You’re in Safe Hands with Our Support

Ensuring your premises and occupants are safe is critical. We know that managing fire compliance is often complicated and stressful. You don’t want your hard work to go up in smoke, nor do we.

It’s easy to underestimate the impact that fire has on UK businesses. In 2023 alone, the misuse of equipment or appliances led to 7,051 fire safety incidents. 

That’s why our expert team provides tailored fire compliance solutions, including carrying out and updating fire risk assessments. Contact us today and safeguard your assets with confidence.