Fire Safety Compliance
When does my business need a fire risk assessment?
If you run a business, manage a building or let property in the North East, the law expects you to assess the risk of fire and act on it. Here is exactly when a fire risk assessment is required, who is responsible, and what happens if you do not have one.
What the law actually says
The main piece of legislation in England and Wales is the Regulatory Reform (Fire Safety) Order 2005, usually shortened to the Fire Safety Order. It places a clear duty on the person in control of a premises to carry out a suitable and sufficient fire risk assessment, take steps to remove or reduce the risks it identifies, and keep the whole thing up to date.
The Order was strengthened by the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022, which tightened the rules for blocks of flats and multi-occupied residential buildings in particular. The underlying message has not changed: fire safety is your legal responsibility, and a documented assessment is how you prove you are meeting it.
In short
If your premises are anything other than a single private home, you almost certainly need a fire risk assessment. The only real questions are who carries it out, how detailed it needs to be, and how often it is reviewed.
Who is the responsible person?
The Fire Safety Order puts the duty on the responsible person. In most cases that is whoever has control of the premises, which can be:
- The employer, for any workplace under their control.
- The owner, occupier or managing agent of commercial premises.
- The landlord or freeholder, for the shared and communal areas of blocks of flats and houses in multiple occupation.
If more than one person has some control, for example a landlord and a tenant business, the duty is shared and each must cooperate. If you are a landlord, our companion guide on fire safety for HMOs and rental properties sets out exactly where your responsibilities begin and end.
When you need a fire risk assessment
You need one if you are responsible for any premises that is not a private dwelling. That covers a very wide range of buildings, including:
- Offices, shops, salons, cafes, restaurants and pubs
- Warehouses, workshops, factories and industrial units
- Care homes, surgeries, schools and community buildings
- Hotels, guest houses and short-let accommodation
- The communal areas of flats, HMOs and student housing
You also need a fresh assessment when something material changes. A new business moving into a unit, a refit, a change of use, a mezzanine going in or simply taking on more staff can all alter the level of risk and trigger the need to reassess.
When it has to be written down
Every responsible person must carry out an assessment, but the duty to record the significant findings applies specifically when:
- You employ five or more people, or
- Your premises require a licence (for example to sell alcohol), or
- An alterations notice from the fire authority is in force.
Our honest advice is to record it in writing regardless of headcount. The written report is the document a fire officer, your insurer or a prospective buyer will ask to see, and a verbal assessment with nothing to show for it is worth very little when it is challenged.
How often should you review it?
The law does not set a fixed expiry date. Instead it requires the assessment to be kept current. In practice that means:
- Review at least every 12 months to confirm nothing has changed and your controls are still working.
- Redo it whenever there is a significant change, such as building work, a new layout, different occupancy, new processes or storage, or after a fire or near miss.
A common mistake is treating the report as a one-off certificate. It is a living document, and an out-of-date assessment can be treated the same as having none at all.
What happens if you skip it
Fire and rescue authorities can inspect any premises and issue an enforcement or prohibition notice if standards fall short. Serious or repeated failures can lead to unlimited fines and, in the worst cases, imprisonment. Beyond the legal exposure, a missing or inadequate assessment can invalidate your insurance at exactly the moment you need it, and it leaves the people in your building unprotected.
None of that is meant to alarm you. The point is that a proper assessment is straightforward to put in place and removes the risk entirely. Once it is done, you have a clear, prioritised action plan and the paperwork to prove you are compliant.
Frequently asked questions
Is a fire risk assessment a legal requirement?
Yes. Under the Regulatory Reform (Fire Safety) Order 2005 the responsible person for almost every non-domestic premises must carry out and maintain a suitable and sufficient fire risk assessment.
Does it have to be written down?
If you employ five or more people, hold a licence, or have an alterations notice in force, the significant findings must be recorded in writing. A written record is strongly advised for any business.
How often should it be reviewed?
There is no fixed legal interval, but it must be kept up to date. Review it at least every 12 months and redo it after any significant change to the building, its use or its occupancy.
Who can carry one out?
A competent person with the right training, knowledge and experience. For all but the simplest premises, most businesses use a qualified external assessor so nothing is missed and the report stands up to scrutiny.
Related reading
Not sure if your premises are covered?
If you are unsure whether your business or property needs a fire risk assessment, we will tell you straight. Speak to Vortex for a clear, no-obligation answer and a fixed quote.
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