Is a Fire Risk Assessment a legal requirement?

The short answer

Yes. Since 1 October 2006, the Regulatory Reform (Fire Safety) Order 2005 ("the Fire Safety Order") has required a Fire Risk Assessment for every non-domestic premises in England and Wales — and for the common parts of multi-occupied residential buildings. Scotland and Northern Ireland have equivalent legislation with the same effect.

Where the duty applies

• Offices, shops, warehouses, factories and workplaces of any kind
• Hotels, B&Bs, guest houses
• Care homes, nurseries, schools
• Restaurants, pubs, cafés
• Houses in Multiple Occupation (HMOs) — common parts and licensable scope
• Blocks of flats — common parts
• Places of worship, community halls, sports clubs

The only meaningful exclusion is single private dwellings occupied by a single household.

What the assessment must do

Article 9 requires it to be "suitable and sufficient". In practice that means:

• Identify fire hazards
• Identify people at risk
• Evaluate, remove or reduce the risks
• Record significant findings
• Prepare an emergency plan and provide training
• Review and update regularly

Written record

Written records are required where the employer has 5 or more employees, where the premises are licensed, or where an alterations notice applies. In practice, enforcement officers expect a written FRA on every premises — verbal-only is not defensible.

The Fire Safety (England) Regulations 2022

For residential buildings over 11 m in England, additional duties apply — including providing information to residents, monthly checks of common-parts lifts and fire-fighting equipment, and door checks. These sit on top of the Fire Safety Order, not instead of it.

Consequences of non-compliance

Enforcement is by the local Fire and Rescue Authority. Sanctions include alterations / enforcement / prohibition notices, unlimited fines, and in serious cases imprisonment for up to two years. Buildings insurance commonly requires a current FRA — without one, a claim may be refused.