Scope
Which premises does the Fire Safety Order cover?
The Order applies to most workplaces and to other non-domestic premises in England and Wales. Examples include offices, shops, warehouses, hospitality premises, care settings, schools, community buildings and the common parts of buildings containing two or more domestic premises.
It generally does not apply inside a private home used only as a dwelling. Other exclusions include certain transport, mines and borehole sites, ships under a master, fields and woods away from buildings, and some construction-site arrangements. Mixed-use and residential buildings require careful boundary checks rather than assumptions.
Workplaces
The employer is normally the responsible person for a workplace under its control.
Other premises
The person controlling premises in connection with an undertaking—or otherwise the owner—may be responsible.
Shared buildings
More than one responsible person can hold duties for different parts or systems.
Residential blocks
Common parts and relevant building elements are covered, while the interior of an individual flat is generally outside the Order.
Article 9
The fire risk assessment duty
The responsible person must make a suitable and sufficient assessment of risks to relevant persons so the necessary general fire precautions can be identified. The assessment must reflect the real building, occupants, activities and management arrangements.
Since 1 October 2023, every responsible person must record the assessment in full and record their fire-safety arrangements. The old limitations linked to having five or more employees, licensing or an alterations notice no longer restrict the recording duty.
- Identify fire hazards and people who may be at risk
- Evaluate escape, warning, protection and management controls
- Consider employees and other relevant persons, including anyone especially at risk
- Record all findings, assessor identity and fire-safety arrangements
- Implement actions and keep the assessment under review
Articles 8–22
What the responsible person must manage
The Order requires appropriate general fire precautions. Measures must be proportionate to the premises and risk, and should follow the principles of prevention: avoid risks where possible, evaluate unavoidable risks, combat them at source and adapt to technical progress.
The exact solution is building-specific. A responsible person should be able to show how the assessment leads to maintained precautions and competent management.
| Duty area | What this means in practice |
|---|---|
| Fire prevention | Reduce ignition and fuel risks and control dangerous substances. |
| Escape and warning | Provide suitable routes, exits, emergency lighting and means of detecting and warning of fire. |
| Firefighting | Provide appropriate equipment and nominate competent people where needed. |
| Maintenance | Keep relevant premises, facilities, equipment and safeguards in efficient working order and good repair. |
| Information and training | Give employees understandable information, instruction and training. |
| Emergency planning | Establish procedures for serious and imminent danger and nominate people to implement them. |
Management
Competence, cooperation and handover
A responsible person can appoint competent people to assist, including a professional assessor, but remains accountable for meeting the legal duties. Competence must be appropriate to the help required and the complexity of the premises.
Responsible persons sharing a building must cooperate and coordinate. They must take reasonably practicable steps to identify other responsible persons and, in higher-risk residential buildings, accountable persons. When responsibility changes, relevant fire-safety information must be passed to the incoming responsible person.
- Define control of common areas and shared systems
- Coordinate alarm testing, maintenance and emergency arrangements
- Record the name and organisation of any external assessor
- Share relevant risks and precautions with other dutyholders
- Maintain a clear handover record when responsibility changes
Assurance
Review, enforcement and penalties
The assessment must be reviewed regularly and revised where there is reason to suspect it is no longer valid or after a significant change. A review should also test whether actions were completed and current precautions remain effective.
Fire and rescue authorities enforce the Order for most premises. They may inspect, request records and use alterations, enforcement and prohibition notices. Breaches can lead to prosecution and unlimited fines; serious offences can also lead to imprisonment.