Fire Risk Assessment Requirements

What This Requirement Covers

The Regulatory Reform (Fire Safety) Order 2005 (FSO) requires the Responsible Person for virtually all non-domestic premises and common parts of residential buildings to carry out a suitable and sufficient fire risk assessment. The Fire Safety (England) Regulations 2022 extended the FSO to explicitly cover the structure, external walls, and flat entrance doors in multi-occupied residential buildings.

Key Requirements

Who Must Carry Out the Assessment

1. The Responsible Person is typically the employer, building owner, landlord, managing agent, or any person who has control of the premises
2. The assessment must be carried out by a competent person with sufficient training and experience
3. For higher-risk buildings, a fire risk assessor registered with a recognised scheme (e.g., IFE, BAFE SP205) is recommended

What Must Be Assessed

The fire risk assessment must consider

1. Fire hazards: Sources of ignition, fuel, and oxygen
2. People at risk: All occupants including employees, residents, visitors, and people who may be particularly at risk (elderly, disabled, children)
3. Existing fire safety measures: Detection, alarms, escape routes, emergency lighting, fire-fighting equipment, signage, compartmentation, and maintenance arrangements
4. Risk evaluation: The likelihood of fire and the potential consequences
5. Action plan: Measures to reduce risk to an acceptable level, with priorities and timescales

Recording Requirements

1. The assessment must be recorded if the premises have 5 or more employees, or if a licence or registration is in force
2. In practice, all fire risk assessments should be recorded in writing
3. The assessment must include a clear action plan with recommendations prioritised by risk
4. It must be kept up to date and reviewed regularly (at least annually, or after any significant change)

Fire Safety (England) Regulations 2022

These regulations extended the scope of the FSO for residential buildings

1. The Responsible Person must assess the fire risk posed by the structure, external walls (including cladding and balconies), and flat entrance doors
2. In buildings over 11 metres, the Responsible Person must share fire safety information with the local fire and rescue service, including a building plan and details of external wall materials
3. Quarterly checks of fire doors in common parts and annual checks of flat entrance doors are required

Penalties for Non-Compliance

1. Failure to carry out an adequate fire risk assessment is a criminal offence
2. Enforcement notices, prohibition notices, and prosecution can be issued by the fire and rescue authority
3. Maximum penalties include unlimited fines and imprisonment for up to 2 years
4. The Grenfell Tower Inquiry has led to increased enforcement activity and scrutiny of fire risk assessments

Practical Compliance Tips

1. Appoint a competent fire risk assessor registered with a professional body; do not rely on unqualified persons
2. Review the fire risk assessment annually and after any significant change to the building, its use, or its occupants
3. Implement the action plan recommendations within the specified timescales and record completion
4. Keep the fire risk assessment accessible and share relevant findings with all occupants and staff
5. For residential buildings, ensure the assessment covers the common parts, external walls, and flat entrance doors as required by the 2022 regulations
6. Maintain a fire safety log book recording all inspections, testing, maintenance, and fire drills
7. Consider appointing a fire safety manager for larger or more complex buildings