Fire risk assessment legislation in the United Kingdom is more extensive, more interconnected, and more frequently updated than many building owners, landlords, and facilities managers realise.
Understanding the legislative framework that governs fire risk assessments is not simply an academic exercise.
It is a practical necessity for anyone who carries legal responsibility for a building and the people who use it.
This article sets out the key pieces of fire risk assessment legislation, explains how they interact with each other, and identifies what they require of those responsible for compliance.
The Foundation Blocks: The Regulatory Reform (Fire Safety) Order 2005
The primary piece of fire risk assessment legislation in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541), commonly referred to as the RRO or the FSO.
It came into force on 1st October 2006 and replaced more than 70 separate pieces of fire safety legislation that had accumulated over decades, including the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997.
The RRO applies to virtually all non-domestic premises in England and Wales, and to the common parts of buildings containing two or more sets of domestic premises.
It places the primary duty for fire safety on the Responsible Person, defined in Article 3 of the Order as the employer where the premises is a workplace, or the person who has control of the premises in any other case.
Article 9 of the RRO is the cornerstone of the fire risk assessment requirement.
It requires every Responsible Person to carry out a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions needed to comply with the requirements and prohibitions imposed by the Order.
The assessment must consider the likelihood of a fire occurring, the people at risk, and the measures needed to protect them.
Where the Responsible Person employs five or more employees, the significant findings of the assessment must be recorded in writing.
Article 11 requires the Responsible Person to implement and maintain appropriate fire safety arrangements, based on the findings of the fire risk assessment.
Article 13 requires the provision of appropriate firefighting equipment, fire detectors, and fire alarms.
Article 14 requires the provision and maintenance of adequate means of escape.
Article 17 requires the maintenance of fire safety measures, ensuring that all facilities, equipment, and devices provided for fire safety are kept in efficient working order and good repair.
Article 21 requires the provision of adequate fire safety training to employees.
And Article 22 requires cooperation and coordination between Responsible Persons who share a building or premises.
The Management of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) sit alongside the RRO and impose parallel risk assessment obligations on employers in relation to the health and safety of their employees and others affected by their work activities.
Regulation 3 requires employers to carry out a suitable and sufficient assessment of the risks to the health and safety of their employees and of any other persons who may be affected by their work activities.
While the Management Regulations cover a broader range of health and safety risks than the RRO, there is significant overlap in relation to fire, and the two assessments should be read and managed together.
In some circumstances, particularly for smaller, lower-risk premises, the fire risk assessment required by the RRO and the risk assessment required by the Management Regulations may be combined into a single document, provided that it adequately addresses the requirements of both pieces of legislation.
The Fire Safety Act 2021
The Fire Safety Act 2021 (c.24) received Royal Assent on 29th April 2021 and introduced important amendments to the RRO that significantly extended the scope of the Responsible Person’s duties in multi-occupied residential buildings.
Section 1 of the Act amended Article 6 of the RRO to clarify that the duties of the Responsible Person for a building containing two or more sets of domestic premises extend to the structure and external walls of the building, including cladding, balconies, and windows, and to the entrance doors of individual flats that open onto communal areas.
This resolved a longstanding ambiguity about whether these elements fell within the scope of the RRO, and brought the external wall system and flat entrance doors explicitly within the fire risk assessment obligation.
The Act was a direct legislative response to the Grenfell Tower fire of 2017 and the subsequent recognition that the fire safety of the building fabric, including its external wall system, was a critical element of residential fire safety that had not been adequately addressed by the existing legislative framework.
The Fire Safety (England) Regulations 2022
The Fire Safety (England) Regulations 2022 (SI 2022/547) were made under powers conferred by the amended RRO and came into force on 23rd January 2023.
They introduced specific new obligations for responsible persons in multi-occupied residential buildings, going significantly beyond the general requirements of the RRO.
For all buildings containing two or more sets of domestic premises, the Regulations require the Responsible Person to display fire safety instructions in a prominent position in the building, to provide fire safety instructions to all residents, and to provide information to residents about the importance of fire doors and how they should be used.
For buildings over 11 metres in height, the Regulations impose additional obligations including undertaking checks of all fire doors in common parts at least every three months, making best endeavours to undertake annual checks of flat entrance doors with the cooperation of residents, and providing residents with additional fire safety information including details of the building’s evacuation strategy.
For buildings over 18 metres in height, further obligations apply including the provision of detailed building information to the local fire and rescue service to assist firefighting operations, the installation of wayfinding signage within the building to assist firefighters, and more extensive obligations around resident engagement and the provision of fire safety information.
The Building Safety Act 2022
The Building Safety Act 2022 (c.30) received Royal Assent on 28th April 2022 and represents the most significant reform of building safety legislation in England in a generation.
While it does not directly amend the fire risk assessment requirement under the RRO, it introduces a parallel and complementary framework of obligations for higher-risk buildings that has profound implications for those responsible for residential buildings of significant height.
Section 65 of the Act defines a higher-risk building as a building in England that is at least 18 metres in height or has at least seven storeys, and contains at least two residential units.
For higher-risk buildings, the Act introduces the Accountable Person and Principal Accountable Person as new duty holders with specific legal responsibilities for the ongoing safety of the building during occupation.
Under Section 88 of the Act, the Principal Accountable Person is required to assess the building safety risks in the building on an ongoing basis, to take all reasonable steps to prevent those risks from materialising, and to produce and maintain a safety case report demonstrating how those risks are being managed.
Under Sections 88 to 91, the Principal Accountable Person is required to create, maintain, and keep up to date the golden thread of building information, a comprehensive digital record of the building’s design, construction, fire strategy, and safety measures.
Under Section 75, higher-risk buildings must be registered with the Building Safety Regulator, established within the Health and Safety Executive under Section 3 of the Act.
The Building Safety Act 2022 operates alongside the RRO, and the duties of the Responsible Person under the RRO and the Accountable Person under the Act may rest with the same individual or organisation, both of whose obligations must be met simultaneously.
The Housing Act 2004 and the HHSRS
The Housing Act 2004 introduced the Housing Health and Safety Rating System, a risk-based assessment framework for identifying and addressing health and safety hazards in residential properties.
The HHSRS is set out in detail in the Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005/3208) and identifies 29 categories of housing hazard, including fire and electrical hazards, each assessed in terms of likelihood and potential severity of harm.
Local authorities have a duty under Section 5 of the Housing Act 2004 to take appropriate enforcement action where a Category 1 hazard is identified in a residential property, and have discretionary powers to act in relation to Category 2 hazards.
The HHSRS fire hazard assessment and the fire risk assessment required under the RRO are complementary processes, and addressing the findings of a fire risk assessment will typically reduce the HHSRS fire hazard score.
For landlords of residential properties, particularly HMOs and other higher-risk rental properties, compliance with both regimes is essential.
HMO Licensing Legislation
Houses in multiple occupation are subject to a specific licensing regime under the Housing Act 2004, extended in scope by the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licence) (England) Regulations 2018 (SI 2018/221).
The mandatory conditions attached to every HMO licence impose specific fire safety requirements, including requirements for smoke alarms, carbon monoxide alarms, electrical installation testing, gas safety certification, and compliance with the Furniture and Furnishings (Fire Safety) Regulations 1988 (SI 1988/1324).
Local authorities have broad discretion to impose additional fire safety conditions that go beyond the mandatory minimum, and these conditions vary significantly between local authority areas.
HMO licensing operates alongside the RRO, and landlords of licensable HMOs must comply with both regimes simultaneously.
Electrical Safety Legislation
Electrical safety legislation is directly relevant to fire risk assessment because electrical faults are one of the leading causes of fire in both domestic and non-domestic premises.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (SI 2020/312) require landlords of privately rented properties, including HMOs, to ensure that the electrical installation is inspected and tested at least every five years by a qualified and competent person, and that an Electrical Installation Condition Report is produced.
The Health and Safety at Work etc. Act 1974 (c.37) and the Electricity at Work Regulations 1989 (SI 1989/635) impose broader electrical safety obligations on employers and duty holders in relation to all electrical systems in workplaces and non-domestic premises.
The Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) impose requirements on employers in relation to the safety of electrical equipment used in the workplace.
Electrical safety findings from EICR inspections and workplace electrical safety assessments should feed directly into the fire risk assessment process, informing the assessment of ignition risks and the measures needed to control them.
Gas Safety Legislation
Gas safety is similarly relevant to fire risk assessment, given the significant fire and explosion risks associated with gas installations and appliances.
The Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451) require landlords of residential properties to arrange annual gas safety checks of all gas installations and appliances by a Gas Safe registered engineer, and to provide tenants and local authorities with copies of the resulting gas safety certificate.
Employers and duty holders in non-domestic premises are subject to broader gas safety obligations under the Health and Safety at Work etc. Act 1974 and associated regulations, requiring that gas installations and appliances are maintained in a safe condition and inspected at appropriate intervals.
Gas safety findings should be considered in the fire risk assessment, particularly in premises where gas is used for heating, cooking, or other processes.
Dangerous Substances and Explosive Atmospheres Regulations 2002
The Dangerous Substances and Explosive Atmospheres Regulations 2002 (SI 2002/2776), known as DSEAR, impose specific risk assessment obligations on employers where dangerous substances, including flammable gases, liquids, and dusts, are present in the workplace.
DSEAR was amended in 2015 to include gases under pressure, classified under hazard class H280, bringing all refrigerants within its scope and meaning that all refrigeration, air conditioning, and heat pump installations are subject to its requirements.
The DSEAR risk assessment is a specific, additional assessment that must be carried out alongside the general fire risk assessment required by the RRO, and the two assessments should be read and managed together.
The Construction (Design and Management) Regulations 2015
The Construction (Design and Management) Regulations 2015 (SI 2015/51) impose duties on clients, designers, and contractors involved in construction and refurbishment work, including duties around the management of fire safety risks during the works.
For notifiable construction projects, a principal contractor must be appointed with overall responsibility for managing health and safety on site, including fire safety, and must produce a construction phase plan that addresses fire safety risks.
The CDM Regulations are relevant to the fire risk assessment process because refurbishment and construction works can significantly alter the fire risks in a building, and the fire risk assessment must be reviewed and updated to reflect any changes to the building resulting from such works.
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (SI 2022/702) extended the requirements for smoke and carbon monoxide alarms in privately rented properties across England, requiring landlords to ensure that at least one smoke alarm is installed on each storey used as living accommodation and that carbon monoxide alarms are installed in any room containing a fixed combustion appliance.
These requirements apply to all privately rented properties, including HMOs, and compliance with them is an integral part of the overall fire safety management framework for residential rental properties.
The Equality Act 2010
The Equality Act 2010 (c.15) is relevant to fire risk assessment in the context of evacuation planning and the management of occupants with disabilities or mobility impairments.
The Act places a duty on employers and service providers to make reasonable adjustments to ensure that disabled people are not placed at a substantial disadvantage in comparison with non-disabled people.
In the context of fire safety, this means ensuring that the evacuation needs of all occupants are considered and planned for, including those who may need assistance to evacuate or who cannot use standard escape routes.
Personal Emergency Evacuation Plans must be developed for any occupant who may not be able to follow the standard evacuation procedure, and the fire risk assessment must address the evacuation of all occupants including those with disabilities.
Building Regulations and Approved Document B
While the Building Regulations 2010 (SI 2010/2214) and Approved Document B, Fire Safety, are primarily concerned with the design and construction of new buildings and major refurbishments rather than with the ongoing fire safety management of existing buildings, they are relevant to the fire risk assessment process in several ways.
The fire strategy for a building, which sets out how it was designed to perform in a fire, is an important reference document for the fire risk assessor, who needs to understand the design basis of the building’s fire safety measures in order to assess whether they are performing as intended.
Where a building’s fire strategy is not available, or where the building has been significantly modified since it was constructed, the fire risk assessor may need to make assumptions about the design intent that would ideally be confirmed by reference to the original documentation.
Approved Document B provides the benchmark against which the adequacy of fire safety measures in existing buildings is often assessed, and fire risk assessors will typically refer to its recommendations when evaluating means of escape, compartmentation, and other fire safety provisions.
How Does All This Legislation Fit Together?
The relationship between the various pieces of fire risk assessment legislation can feel overwhelming, particularly for those who are encountering it for the first time.
The key to navigating it is to understand that the different pieces of legislation address different aspects of fire safety from different perspectives, and that they are designed to work together rather than in isolation.
The RRO provides the overarching framework for fire safety management in non-domestic premises and the common parts of residential buildings, with the fire risk assessment as its central requirement.
The Fire Safety Act 2021 extended the scope of the RRO to include the building fabric and external walls of residential buildings.
The Fire Safety (England) Regulations 2022 introduced specific, prescriptive obligations for responsible persons in multi-occupied residential buildings, building on the general framework of the RRO.
The Building Safety Act 2022 introduced a complementary regime for higher-risk buildings, with its own set of duty holders, obligations, and enforcement mechanisms.
The Housing Act 2004 and the HHSRS provide a parallel framework for assessing and enforcing housing standards in residential properties, including fire safety standards.
HMO licensing legislation imposes specific fire safety conditions on landlords of licensable HMOs, building on the requirements of the RRO and the Housing Act 2004.
Electrical and gas safety legislation imposes specific obligations in relation to the maintenance and inspection of electrical and gas installations, the findings of which feed directly into the fire risk assessment.
DSEAR imposes specific risk assessment obligations where dangerous substances are present.
The Equality Act 2010 requires that the evacuation needs of all occupants, including those with disabilities, are addressed in the fire risk assessment and evacuation planning.
And the Building Regulations and Approved Document B provide the design standards against which fire safety measures in existing buildings are assessed.
What Does All This Mean for the Responsible Person?
For the Responsible Person, the practical implication of this legislative framework is that fire safety management is not a single, one-off exercise.
It is an ongoing obligation that requires continuous engagement, regular review, and a willingness to keep up with a legislative landscape that has been changing rapidly in recent years and that shows no sign of standing still.
The fire risk assessment is the cornerstone of that obligation, but it is not the whole of it.
It must be supported by a comprehensive fire safety management system that addresses all of the elements required by the relevant legislation, that is kept under continuous review, and that is updated promptly whenever changes occur.
The Responsible Person who takes this obligation seriously, who invests in competent professional advice, and who treats fire safety as a genuine priority rather than a compliance burden, is not only fulfilling their legal duties.
They are protecting the lives of the people in their buildings, and honouring the fundamental purpose that fire safety legislation exists to serve.
We Can Help
At ESI: Fire Safety, we help building owners, landlords, managing agents, and facilities managers to navigate the complex and evolving landscape of fire risk assessment legislation.
From fire risk assessments and fire door inspections to advice on compliance with the Building Safety Act 2022, the Fire Safety (England) Regulations 2022, and the full range of fire safety legislation applicable to your premises, our team provides the expertise and support you need to meet your legal obligations and keep the people in your buildings safe.
If you have questions about the fire safety legislation that applies to your premises, or if you would like to commission a fire risk assessment, get in touch with our team today.
