Who Is the ‘Responsible Person’ Under Fire Law in Surrey?

If you own, manage, or lease a property in Surrey — whether that’s a shop in Guildford, a block of flats in Woking, or an office in Camberley — you’ve probably seen the phrase “Responsible Person” in every bit of fire safety paperwork.

It sounds simple enough. But here’s the thing — most people either don’t realise they are the Responsible Person, or they misunderstand what that actually means.

Let’s clear that up right now.

The Legal Definition (Without the Legalese)

The term comes from the Regulatory Reform (Fire Safety) Order 2005, also known as the Fire Safety Order.

It says that the Responsible Person is anyone who has control of a premises or a degree of control over how it’s managed or used.

That includes:

  • Employers
  • Building owners or landlords
  • Managing agents
  • Facilities or property managers
  • Anyone in control of common areas in flats, HMOs or mixed-use buildings

If that sounds broad — it is. The law deliberately casts a wide net, because fire safety is everyone’s responsibility.

If you make decisions about a building or the people in it, chances are, you’re on the hook.

What the Responsible Person Must Do

Once you’re identified as the Responsible Person, the law puts specific duties on your shoulders.

Here’s what you must do under the Fire Safety Order:

Carry out a Fire Risk Assessment (FRA) — or appoint a competent professional to do it for you.

Record and act on significant findings. If hazards are found, you need to fix them and document the actions you’ve taken.

Install and maintain fire safety equipment. That includes alarms, emergency lighting, extinguishers, and signage — all in good working order.

Keep escape routes clear and usable. Fire doors must close properly, exits should be unlocked and unobstructed, and lighting should be working.

Provide training and information. Staff or tenants should know what to do in an emergency and how to report problems.

Review your Fire Risk Assessment regularly. Usually once a year or whenever anything changes — new tenants, altered layouts, or added equipment.

Failing to do these things doesn’t just risk lives — it’s a criminal offence.

Shared Buildings and Shared Responsibility

Things get a little trickier in shared premises — for example, a mixed-use building in Guildford with shops on the ground floor and flats above.

In that case, there can be more than one Responsible Person.

Each person or organisation is responsible for the parts they control.

  • The shop owners look after their units.
  • The managing agent or freeholder handles the communal areas.
  • The landlord covers shared stairwells, entrances, and bin stores.

The law also says these Responsible Persons must cooperate and coordinate — meaning you can’t just assume someone else has done it.

If the building’s evacuated and the fire officer asks for your risk assessment, “I thought the other guy was handling it” won’t fly.

What About Flats and HMOs?

For residential buildings, the Responsible Person is usually the freeholder, managing agent, or landlord — anyone who controls the common areas.

Since the Fire Safety Act 2021, that responsibility now includes:

  • External walls and cladding
  • Flat entrance doors that open into shared corridors
  • And compliance with the Fire Safety (England) Regulations 2022, such as fire door checks and resident information

If you own or manage flats in Surrey, that’s your legal duty.

The Consequences of Getting It Wrong

Surrey Fire & Rescue Service enforces these laws locally, and they’re not shy about using their powers.

If you can’t produce a current Fire Risk Assessment or show evidence of regular checks, they can issue:

  • Enforcement notices (giving you time to fix problems)
  • Prohibition notices (closing parts of the building immediately)
  • Prosecutions, which can lead to unlimited fines or even imprisonment

You can see examples of enforcement actions on the GOV.UK fire safety enforcement database.

How to Make Life Easier as a Responsible Person

It’s a big role — but it doesn’t have to be a burden.

Here’s how to stay on top of your legal duties:

• Keep a copy of your Fire Risk Assessment and update it every 12 months.
• Keep clear records of all maintenance, servicing, and testing.
• Train staff or inform residents about fire safety.
• Use a qualified, third-party accredited assessor to make sure your FRA is compliant.
• Build a relationship with Surrey Fire & Rescue Service — they prefer education over enforcement.

Doing these things isn’t just about compliance. It shows professionalism, protects people, and keeps your insurance valid.

Help for Surrey’s Responsible Persons

At Fire Risk Assessment Surrey, we work with landlords, agents, and business owners across Guildford, Woking, Camberley, Farnham, and Epsom to take the stress out of fire compliance.

We’ll carry out your Fire Risk Assessment, identify gaps, and give you a clear action plan — written in plain English, not legal jargon.

If you’re the Responsible Person for your building, let’s make sure you’re protected, compliant, and confident in your role.

Book your Fire Risk Assessment in Surrey today and get peace of mind that your responsibilities are covered.

Picture of Jamie Morgan MIFSM MIET FIOEE

Jamie Morgan MIFSM MIET FIOEE

With over two decades in the electrical and fire safety industry, Jamie Morgan has built a career around one simple belief — there are no shortcuts in safety. A Member of the Institution of Engineering and Technology (MIET) and the Institute of Fire Safety Managers (MIFSM), Jamie founded ESI: Electrical Safety Inspections, a specialist consultancy helping businesses stay compliant and protected.

Based in Surrey, Jamie lives with his partner Leanne, their young family, and Phoenix, their hairy and much-loved sighthound. Away from work, he’s a keen traveller and food lover, with a particular passion for exploring new places and sampling great wine.

Driven by integrity, curiosity, and a lifelong commitment to learning, Jamie continues to balance his technical expertise with a genuine desire to help people. His belief in doing things properly — and helping others do the same — is what defines both his career and his character.

Tags :

Share :

Facebook
Twitter
LinkedIn
Telegram

Related Article

What Was the Hackitt Review?

The Hackitt Review is the informal name given to the Independent Review of Building Regulations

Got A Project? Let's Schedule An Appointment

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.