If you lease, own, or manage commercial property in Surrey — whether that’s offices in Guildford, shops in Woking, or an industrial unit in Camberley — fire safety law still applies to you.
The challenge is knowing who’s responsible for what.
Is it the landlord? The tenant? The managing agent?
When Surrey Fire & Rescue Service carry out inspections, this is one of the most common areas of confusion — and where a lot of businesses get caught out.
So let’s clear it up once and for all: here’s who’s responsible for fire safety in leased or managed commercial premises, what the law says, and how to make sure you’re compliant.
The Law That Covers You
The key law is the Regulatory Reform (Fire Safety) Order 2005 — often just called the Fire Safety Order.
It applies to all non-domestic premises, which means offices, warehouses, factories, workshops, shops, restaurants, and shared business spaces across Surrey.
The Fire Safety Order says that the person with control over a building or part of it — the Responsible Person — must ensure fire safety is properly managed.
That means the duty can fall on:
- The landlord
- The tenant or occupier
- The managing agent
- Or a combination of all three
If more than one person shares control, the law requires you to cooperate and coordinate fire safety duties.
You can read the full legal text here: GOV.UK – Fire Safety Order Legislation.
Landlord vs Tenant: Who’s Responsible for What
The answer often lies in your lease agreement — but here’s how responsibilities usually split in practice.
Landlords typically handle:
- The structure and fabric of the building
- Common areas (stairs, corridors, lobbies, plant rooms, loading bays)
- Fire detection and alarm systems if they cover multiple units
- Emergency lighting and signage in shared spaces
- Maintenance of fire safety systems they’ve installed
- The building-wide Fire Risk Assessment
Tenants usually handle:
- Fire safety within their demised area (the part they occupy)
- Daily fire precautions — e.g. keeping exits clear, testing equipment
- Staff training and evacuation procedures
- Maintaining and testing any fire equipment specific to their use (e.g. kitchen suppression systems, machinery)
- Reviewing and updating their own Fire Risk Assessment for their space
Managing agents (if appointed)
- Often take on operational fire safety responsibilities
- Coordinate inspections, maintenance, and servicing
- Liaise with contractors, tenants, and landlords to ensure compliance
The important thing is that all parties communicate. Gaps in responsibility are where risk — and legal trouble — creep in.
Shared Premises and Multi-Tenant Buildings
In buildings with multiple tenants — think serviced offices or mixed-use commercial premises — there’s shared responsibility.
Each tenant must have their own Fire Risk Assessment for the space they occupy, while the landlord (or managing agent) must carry out a common areas FRA covering shared facilities and escape routes.
Both assessments should:
- Be up to date
- Be shared where relevant
- Be reviewed annually
Failure to cooperate can lead to confusion during an emergency — and legal exposure during an inspection.
Surrey Fire & Rescue Service are clear on this: if something goes wrong, they’ll hold all parties accountable unless you can show who’s responsible for what.
You can find guidance on how shared duties work on the Surrey Fire & Rescue Business Safety page.
What Inspectors Expect to See
During an audit, Surrey Fire & Rescue will check:
✅ That a Fire Risk Assessment exists for both common areas and tenanted areas.
✅ That fire alarms, lighting, and extinguishers are maintained (with certificates).
✅ That escape routes are clear and properly signed.
✅ That all fire doors close and latch correctly.
✅ That records of testing, maintenance, and staff training are kept.
✅ That tenants understand their responsibilities.
If they find gaps — for example, a shared alarm system with no one clearly maintaining it — they can issue Enforcement Notices to both landlord and tenant until the issue is resolved.
The Legal and Financial Risks
Ignoring your duties can be costly.
Failing to carry out a Fire Risk Assessment, maintain safety systems, or cooperate with other responsible persons can lead to:
- Fines up to £5,000 for minor breaches
- Unlimited fines and up to two years in prison for serious offences
- Prohibition notices closing your business until issues are fixed
Worse still, insurance policies may be invalidated if you can’t show compliance.
In short: if your name is on the lease, your responsibilities are real — even if you think “the landlord handles that.”
How to Stay Compliant
Here’s how landlords, tenants, and agents in Surrey can stay on the right side of fire safety law:
For Landlords:
• Make sure you have a current Fire Risk Assessment for the building’s structure and shared areas.
• Maintain fire systems serving multiple tenants.
• Share copies of assessments with tenants.
• Keep clear documentation of servicing and maintenance.
For Tenants:
• Have your own FRA for your occupied space.
• Make sure all staff are trained and drills are carried out.
• Keep escape routes clear and exits unlocked.
• Maintain any additional fire systems you’ve installed.
For Managing Agents:
• Coordinate all testing, maintenance, and documentation.
• Act as the bridge between landlord, tenants, and contractors.
• Keep centralised records and ensure timely reviews.
If you’re unsure who’s doing what, agree responsibilities in writing. Surrey Fire & Rescue will expect to see evidence of cooperation and clarity.
Example: A Typical Surrey Office Building
Let’s say you manage a three-storey office block in Guildford, split between multiple tenants.
- The landlord is responsible for fire alarms, communal lighting, the stairwell, and main escape routes.
- Each tenant is responsible for the fire safety inside their office suites — like portable extinguishers and staff training.
- The managing agent coordinates maintenance contractors and ensures all documentation (alarms, lighting, extinguishers, drills) is logged and available.
Everyone plays their part — and together, the building remains compliant and safe.
Getting Expert Help
At Fire Risk Assessment Surrey, we help landlords, tenants, and managing agents across Guildford, Woking, Camberley, Farnham, and Epsom understand and fulfil their legal duties.
We carry out detailed, BS 9999-compliant Fire Risk Assessments for individual tenancies and shared premises, and we’ll help you clarify where each party’s responsibility starts and ends.
We also offer documentation audits — so if Surrey Fire & Rescue ever visit, you’ll be ready.
Because when everyone knows their role, nobody gets fined.
Book your Fire Risk Assessment in Surrey today and make sure your building’s responsibilities are covered from top to bottom.
