Informal advice
Non-statutory observations or an agreed improvement route where that response is considered proportionate.
Inspection and enforcement guide
Fire and rescue authorities can give informal advice or serve statutory notices. The type of notice, its requirements and its effect on the premises are different, so read it immediately and respond within the stated timescale.
Enforcement options
The enforcing authority selects a proportionate route from the facts and risk. Informal advice, alterations notices, enforcement notices and prohibition notices have different purposes.
Non-statutory observations or an agreed improvement route where that response is considered proportionate.
Requires notification of specified changes where the premises constitute or may constitute a serious risk.
Identifies failures to comply and the steps or outcomes required within a stated period.
Immediately or subsequently restricts use where use involves or will involve serious risk.
Can follow relevant offences; it is not dependent on every other route occurring first.
Scope note: Read the actual notice immediately. Appeal and compliance periods are time-critical, while suitable controls for immediate risk should not wait.
Enforcement process
An inspecting officer may find arrangements satisfactory, offer verbal or written non-statutory advice, agree an action plan, or use statutory powers. The approach should be proportionate to the risk and the enforcing authority’s policy.
Cooperate, supply accurate records and ask for unclear points to be explained. Do not conceal defects or alter evidence. If there is immediate risk, introduce suitable interim controls while permanent work is assessed.
Three distinct powers
The Fire Safety Order provides different notices for different circumstances.
| Notice | Why it is served | Practical effect |
|---|---|---|
| Alterations notice | The premises constitute or may constitute a serious risk if specified changes are made | Requires notification before specified changes; it does not necessarily mean a present breach |
| Enforcement notice | The enforcing authority considers the responsible person has failed to comply with the Order | States failures and steps or outcomes required, normally allowing at least 28 days |
| Prohibition notice | Use of the premises involves or will involve serious risk so urgent restriction is necessary | Prohibits or restricts use immediately or from a stated time until risk is remedied |
First actions
Confirm who has been served, the premises and areas in scope, every requirement and deadline. Notify relevant owners, employers, residents, insurers or contractors where appropriate, while protecting legal privilege when taking advice.
Develop a risk-led plan with competent technical support. Keep the enforcing officer informed, request clarification early and obtain written confirmation about any agreed extension or variation; do not assume a conversation changes the notice.
Time-critical rights
A person served with a statutory notice can generally appeal to a magistrates’ court within 21 days. An appeal usually suspends an enforcement or alterations notice until resolved; a prohibition notice remains in force unless the court directs otherwise.
There are also statutory routes for certain disputes about required measures and for applications to extend time on an enforcement notice. These are legal processes: obtain advice quickly rather than allowing the deadline to expire.
Consequences and closure
Failure to comply with a statutory notice is an offence. Serious offences can lead to an unlimited fine and, on conviction on indictment, imprisonment. Authorities maintain a public register of statutory notices.
When work is complete, provide organised evidence and request confirmation of the authority’s position. Continue to maintain measures and revise the FRA, emergency plan and records; closure of a notice is not a permanent compliance certificate.
Apply the guidance
Use a property-specific guide for the risks relevant to your building, or go directly to local assessor and enquiry support across London and Surrey.
Frequently asked questions
An enforcement notice requires failures to be remedied within a stated period. A prohibition notice restricts or stops use because the risk is so serious; it can take effect immediately.
Not necessarily. It requires the responsible person to notify the authority before specified changes because those changes could create serious risk.
Generally yes, by applying to a magistrates’ court within 21 days. The effect on the notice differs, particularly for prohibition notices, so obtain prompt legal advice.
The Order provides a route to apply for an extension, but it is not automatic. Apply before expiry with a reasoned programme and continue to manage risk.
London and Surrey support
Tell us what premises you are responsible for and what prompted your enquiry. Your details can be reviewed and passed to an assessor serving your area.
Sources and limitations
This page provides general information for England. It is not legal advice or a building-specific assessment. Fire Safety Services is independent and is not affiliated with the Government, enforcing authorities, BAFE, NFRAR or IFSM.