← All guides

Legal duty

Who is responsible for the Fire Risk Assessment?

Under UK fire safety law the 'Responsible Person' carries the legal duty to arrange and maintain the FRA. Here's how that applies to landlords, employers, agents and freeholders.

The "Responsible Person" under the Fire Safety Order

The Regulatory Reform (Fire Safety) Order 2005 places the legal duty on the "Responsible Person". Article 3 defines this as:

  • In a workplace — the employer, if they have any control over the workplace.
  • In all other premises — the person who has control of the premises in connection with carrying on a trade, business or other undertaking (the landlord, owner or managing agent).

What the Responsible Person must do

  • Arrange a suitable and sufficient Fire Risk Assessment
  • Implement the assessment's findings and maintain general fire precautions
  • Provide information and training to relevant persons
  • Keep the assessment under review and update it after significant change
  • Record the significant findings in writing (always required where 5+ persons are employed or where the premises require a licence)

Common scenarios

  • Single-occupier commercial unit — the employer / business owner.
  • Multi-let commercial building — each tenant for their demise; freeholder or managing agent for common parts. Multiple Responsible Persons must co-operate (Article 22).
  • HMO — the landlord or managing agent. Where the property requires a HMO licence, the FRA is part of the licence evidence.
  • Block of flats — freeholder, managing agent or RTM company for common parts; the Fire Safety (England) Regulations 2022 added specific duties for buildings over 11 m.
  • Care home, hotel, B&B — the operator / business; sleeping risk requires extra rigour.

Delegating the work

The Responsible Person can appoint a competent person (an external assessor) to carry out the FRA, but the legal duty and liability stay with the Responsible Person. Choose an assessor who is third-party certified or a member of a relevant professional register.

What happens if there's no FRA

Failure to comply is a criminal offence. Penalties range from improvement / prohibition notices through to unlimited fines and, in serious cases, imprisonment. Insurance may also be invalidated if no compliant FRA is in place.

Need a Fire Risk Assessment?

Stay compliant and protect your premises. Get a free, no-obligation quote within 24 hours.