Does this information apply to me?
The information detailed below is aimed primarily at the business, commercial & public service sectors who have legal responsibilities in respect of fire safety. It does not normally apply to situations of a personal nature or in a private capacity such as in a private home, garage or car. However, there may be particular situations where it may apply, for example, if you employ people in a private capacity at your home and your home is considered a workplace. Expert advice should always be sought if you have any doubts on your situation and/or you need further advice or clarification.
NB Fire safety legislation and regulations have recently been updated in England and Wales. Please visit our UK Fire Legislation page for an outline of current legislation and for links to official government websites that give detailed information should you wish to read more.
The Regulatory Reform (Fire Safety) Order 2005 says that:
All businesses must carry out a fire risk assessment. The enforcing authority, or regulatory body, may also require the fire risk assessment to be in written format, depending on their judgement of risk within the premises.
The person legally responsible for implementing this requirement is called the "Responsible Person".
He/She is described by the Regulatory Reform (Fire Safety) Order 2005, as follows –
The person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him/her of a trade, business or other undertaking (for profit or not); or
The owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.
The Responsible Person cannot avoid his/her legal responsibility. The person who fits the above description will hold legal responsibility, irrespective of any arrangements they might make for others to perform their duties, including General Fire Precautions.
Please note that if you are a ‘Responsible Person’ on whom duties are imposed under the Regulatory Reform (Fire Safety) Order 2005, find out what new responsibilities you have as the result of amendments made to the Fire Safety Order by Section 156 of the Building Safety Act 2022. These new requirements come into force on 1 October 2023. Read more about the updated legislation on the gov.uk website by clicking on the link: Updated fire safety responsibilities from the 1st October 2023.
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Disclaimer: INFORMATION PROVIDED ON THIS WEBSITE IS NOT INTENDED TO BE TREATED AS PROFESSIONAL ADVICE AND SHOULD NOT UNDER ANY CIRCUMSTANCES BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ALWAYS CONSULT A FIRE PROFESSIONAL FOR ADVICE ON YOUR PARTICULAR CIRCUMSTANCES AND REQUIREMENTS.