Why Do You Need a Fire Risk Assessment?

A fire risk assessment is a legal requirement for virtually every non-domestic premises in England and Wales. The Regulatory Reform (Fire Safety) Order 2005 places the responsibility squarely on the “responsible person” — typically the employer, building owner, landlord, or managing agent — to ensure a suitable and sufficient fire risk assessment is carried out and kept up to date.

This applies to offices, shops, restaurants, pubs, hotels, B&Bs, warehouses, factories, care homes, schools, churches, blocks of flats (communal areas), HMOs, and any other building where people work, visit, or reside that is not a single private dwelling.

The legal consequences of non-compliance are severe. Humberside Fire and Rescue Service has the power to carry out unannounced inspections at any time. If they find no fire risk assessment, or one that is inadequate, they can issue an enforcement notice requiring corrective action, a prohibition notice closing your premises immediately if there is a serious risk to life, or prosecute the responsible person. Penalties include unlimited fines and up to two years’ imprisonment. Directors, partners, and managing agents can be held personally liable.

Beyond the legal obligation, failing to maintain a valid fire risk assessment can invalidate your building insurance. In the event of a fire, your insurer may refuse to pay out if you cannot demonstrate a current, compliant fire risk assessment was in place.

The Fire Safety Act 2021 and the Building Safety Act 2022 have further strengthened fire safety requirements, particularly for residential buildings. The Fire Safety (England) Regulations 2022 extended the duties of responsible persons in multi-occupied residential buildings, including requirements to share fire safety information with residents and carry out regular checks of fire doors in communal areas.