Fire risk assessments under the Regulatory Reform (Fire Safety) Order 2005

Fire risk assessment obligations are often discussed as if they only apply to higher-risk buildings, but the legal duty is far broader than that, and considerably older. The Regulatory Reform (Fire Safety) Order 2005 applies to virtually every non-domestic premises and the common parts of every multi-occupied residential building in England and Wales, regardless of height, storey count or whether the Building Safety Act's higher-risk regime applies at all.

This guide sets out who is responsible under the Order, what a fire risk assessment must cover, and what changed when the rules were tightened in 2023.

What is the Regulatory Reform (Fire Safety) Order 2005?

The Order, often shortened to the RRFSO or the Fire Safety Order, consolidated over 70 separate pieces of fire safety legislation into a single framework. It places responsibility for fire safety on whoever is in control of the premises, rather than on a specific building type, and applies to offices, retail, industrial premises, and the common parts of blocks of flats alike.

Who is the “responsible person”?

The responsible person is typically the employer, the building owner, or the managing agent – whichever party has control of the premises. In a multi-let residential block, this is commonly the freeholder or the managing agent acting on their behalf; our guide to what a commercial property management company does covers where these responsibilities typically sit.

The responsible person must ensure a suitable and sufficient fire risk assessment is carried out, and must:

• Identify who may be especially at risk
• Eliminate or reduce fire risk so far as is reasonably practicable
• Provide general fire precautions to address the risks that remain
• Take additional measures where flammable or explosive materials are present

What must a fire risk assessment cover?

The Home Office's standard five-step approach remains the accepted method:

• Identify fire hazards
• Identify people at risk
• Evaluate, remove or reduce the risks
• Record findings, prepare an emergency plan, and provide training
• Review the assessment regularly and update it when circumstances change

There is no prescribed format for the assessment itself, but since October 2023 the requirement to document it fully applies to all premises, regardless of size, not only to those with five or more employees as was previously the case.

Who can carry out a fire risk assessment?

There is no legal requirement to hold a specific certification, and a responsible person can carry out their own assessment if they have sufficient knowledge and understanding. In practice, for anything beyond a straightforward single-occupancy premises, a competent third-party assessor is the safer route, and since October 2023 it has been a legal requirement to record the name of whoever carries out or reviews the assessment, whether that is an employee or an external appointee.

How often should a fire risk assessment be reviewed?

The Order does not set a fixed review interval, requiring only that the assessment is reviewed regularly and whenever a significant change occurs, a change of use, an alteration to the building, or a change in occupancy, for example. We cover the practical detail of review frequency, including guidance by premises type, in our separate piece on fire risk assessments for commercial buildings.

How does this interact with the Building Safety Act?

For buildings that also meet the higher-risk building threshold, the fire risk assessment sits alongside, not instead of, the accountable person's wider duties under the Building Safety Act 2022, including contributing to the building's golden thread and safety case. For buildings below that threshold, the fire risk assessment remains the primary legal safeguard, which is precisely why it should never be treated as a lesser obligation simply because a building falls outside the higher-risk regime. Our broader guide to key health and safety rules for commercial property sets fire risk assessment duties in that wider compliance context.

Get expert guidance on your fire risk assessment obligations

If you are not sure whether your organisation is the responsible person for a building, or your existing fire risk assessment has not been reviewed since a change to the premises, our team can carry out or review your assessment and advise on next steps. Complete the form below and a team member will be in touch.