It is a question that comes up regularly, particularly among owners and managers of smaller businesses who are trying to manage their health and safety obligations without a dedicated safety team or a large administrative budget.
The honest answer is that it depends.
But the more important answer is that the question itself is sometimes asked for the wrong reasons, and that a proportionate approach to hot works management does not mean a minimal one.
Why the Question Gets Asked
Small business owners are often overwhelmed by the volume and complexity of health and safety legislation they are expected to understand and comply with.
When a contractor arrives to carry out what appears to be a straightforward piece of maintenance work, the idea of issuing a formal permit, establishing an exclusion zone, and arranging a fire watch can feel disproportionate.
It can feel like bureaucracy designed for large organisations with dedicated safety teams, not for a small retail unit, a single-site restaurant, or a modest office building.
That instinct is understandable.
But it is also potentially dangerous, and it is worth examining whether it is justified.
What the Law Actually Says
The Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) does not specify that a hot works permit system is required by name.
What it does require, under Article 9, is that the Responsible Person carries out a suitable and sufficient fire risk assessment that identifies all hazards, including those arising from maintenance and repair activities.
Under Article 11, it requires the Responsible Person to implement and maintain appropriate fire safety arrangements, proportionate to the risks identified.
The Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) require employers to assess the risks arising from work activities, including contractor activities, and to implement control measures that are proportionate to those risks.
The key word in both pieces of legislation is proportionate.
The law does not require the same level of formality for a small, low-risk premises as it does for a large industrial facility or a heritage building.
But it does require that the risks are identified and that appropriate control measures are in place.
And the evidence from fire investigation reports consistently shows that the risks associated with hot works are significant regardless of the size of the premises.
What Does Proportionate Actually Mean?
Proportionate does not mean minimal.
It means that the level of formality and documentation in your hot works management system should reflect the level of risk involved in the specific activity, in the specific premises, at the specific time.
For a large industrial facility where hot works are carried out regularly, a comprehensive formal permit-to-work system with detailed documentation, trained permit issuers, and a structured audit process is clearly appropriate.
For a small office where a contractor is visiting once a year to service the heating system, a lighter-touch approach may be perfectly adequate, provided that the key controls are still in place.
The key is to think clearly about what could go wrong, what the consequences would be, and what controls are needed to reduce the risk to an acceptable level.
That thought process, however simple or brief, is a risk assessment, and it is the starting point for any proportionate approach to hot works management.
The Risks Don’t Change With the Size of the Building
One of the most important points to understand about hot works is that the fire risks they create do not diminish simply because the premises is small.
A smouldering fire started by a contractor’s blowtorch in a small shop unit can be just as devastating as one in a large heritage building.
The speed at which fire can spread through a small commercial premises, particularly one with a significant fire load of stock, furniture, or equipment, can be extraordinary.
And the consequences for a small business, the loss of stock, equipment, trading income, and potentially the entire premises, can be terminal in a way that a large organisation with greater resources and resilience may be better placed to survive.
The insurance implications are also significant.
Many commercial insurance policies contain conditions relating to fire safety management, and a failure to implement adequate controls for hot works, however small the premises, can provide insurers with grounds to reduce or refuse a claim following a fire.
A Proportionate Approach in Practice
So what does a proportionate hot works management system look like for a small business?
It does not need to involve lengthy formal documentation, a trained team of permit issuers, or a complex administrative process.
But it does need to address the essential elements of safe hot works management in a way that is practical, understood by all involved, and actually followed in practice.
Before any hot works take place, the Responsible Person should have a clear conversation with the contractor about the nature of the work, the fire risks involved, and the precautions that will be in place.
That conversation should cover the location of the works and any combustible materials in the vicinity, the steps that will be taken to remove or protect those materials, the firefighting equipment that will be available at the work location, the arrangements for fire detection during the works, and the fire watch that will be carried out after the works are completed.
For most small businesses, this conversation can be documented in a simple one-page form that records the key information and confirms that the precautions are in place.
That form is, in essence, a hot works permit.
It does not need to be lengthy or complex, but it does need to exist, it does need to be completed before work starts, and it does need to be followed in practice.
The Non-Negotiable Elements
Regardless of the size of the premises or the scale of the works, there are certain elements of hot works management that should be treated as non-negotiable.
Combustible materials must be removed from the vicinity of the works before they begin.
A serviceable fire extinguisher of the appropriate type must be available at the work location throughout the works.
The fire detection system must be operational during and after the works, and any detector that has been isolated to prevent false alarms must be reinstated immediately on completion.
A fire watch must be carried out after the completion of the works, for a minimum period appropriate to the nature of the works and the materials present.
And the premises must not be left unattended immediately after hot works have been completed, until the fire watch has been satisfactorily concluded.
These are not bureaucratic requirements.
They are the minimum precautions needed to manage a risk that has repeatedly caused devastating fires in premises of every type and size.
Choosing the Right Contractor
For small businesses that do not carry out hot works themselves but commission contractors to do so, the choice of contractor is a critical fire safety decision.
A competent, reputable contractor will understand their responsibilities in relation to hot works fire safety, will have their own hot works procedures in place, and will be willing to work within the Responsible Person’s requirements.
A contractor who is reluctant to engage with fire safety requirements, who dismisses the need for a fire watch, or who is not willing to provide evidence of their competence and insurance should be regarded with serious concern.
The Responsible Person has a legal duty under the Management of Health and Safety at Work Regulations 1999 to provide contractors with relevant information about the fire risks of the premises and the emergency procedures in place.
They also have a duty to satisfy themselves that the contractors they appoint are competent to carry out the work safely.
For hot works involving gas, this means confirming that the contractor is registered with the Gas Safe Register, as required by the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451).
For welding and brazing work, it means checking that operatives hold appropriate qualifications and that the contractor has relevant experience of working safely in the type of premises concerned.
When to Seek Professional Advice
For most small businesses carrying out routine, low-risk hot works, a simple, practical approach as described above will be adequate.
But there are circumstances in which professional fire safety advice should be sought before hot works commence.
These include situations where the works are taking place in a building with combustible construction, such as a timber-framed building or a building with a thatched roof.
Where the building houses a significant quantity of flammable or combustible stock, materials, or equipment.
Where the works involve penetration of walls, floors, or ceilings that may expose hidden voids or cavities to ignition risk.
Where the premises is occupied by vulnerable people, including care homes, sheltered housing, or premises used by people with mobility impairments.
Where the building is listed or has heritage significance.
And where the works are part of a larger programme of refurbishment or construction that introduces a range of additional fire risks beyond the hot works themselves.
In any of these circumstances, the risk assessment should be more thorough, the controls more robust, and the involvement of a qualified fire safety professional is strongly advisable.
The Cost of Getting It Wrong
The businesses that suffer fires caused by hot works are not, for the most part, large organisations that have consciously disregarded fire safety.
They are often small and medium-sized businesses whose owners and managers genuinely believed that the risk was low, that the contractor knew what they were doing, and that nothing would go wrong.
They are businesses that did not have a fire watch in place because it seemed unnecessary for a small job.
They are businesses whose premises were left unattended after the contractor departed, because no one thought to check whether smouldering might develop in the hours after the work was done.
And they are businesses that are now dealing with the consequences: loss of stock, loss of trading income, loss of premises, and in some cases, the end of the business altogether.
A simple, proportionate hot works management system costs very little in time or money.
The consequences of not having one can be catastrophic.
How We Can Help
At ESI: Fire Safety, we help businesses of all sizes to develop fire safety management systems that are proportionate to their risks and practical to implement.
Whether you need a comprehensive hot works permit system for a large or complex premises, or straightforward guidance on managing contractor fire safety in a small business, our team can provide the advice and support you need.
If you are unsure whether your current approach to hot works management is adequate, or if you are about to commission works on your premises and want to ensure that fire safety is properly managed, get in touch with our team today.
Further Reading and Key Legislation:
Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541): https://www.legislation.gov.uk/uksi/2005/1541/contents/made
Management of Health and Safety at Work Regulations 1999 (SI 1999/3242): https://www.legislation.gov.uk/uksi/1999/3242/contents/made
Construction (Design and Management) Regulations 2015 (SI 2015/51): https://www.legislation.gov.uk/uksi/2015/51/contents/made
Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451): https://www.legislation.gov.uk/uksi/1998/2451/contents/made
HSE Guidance on Permit-to-Work Systems (HSG250): https://www.hse.gov.uk/pubns/books/hsg250.htm
HSE Hot Work guidance: https://www.hse.gov.uk/fire/hotwork.htm
HSE Fire Safety in Construction (HSG168): https://www.hse.gov.uk/pubns/books/hsg168.htm
This post is intended as a general guide. Always seek advice from a qualified fire safety or legal professional for guidance specific to your premises and circumstances.
