Immediate position
No FRA means the duty has not been met
Most enforcing authorities check compliance through audits that examine the premises and fire-safety records. If the premises falls within the Fire Safety Order, the responsible person should be able to produce a suitable and sufficient assessment recorded in full and show that its findings have been acted on.
Buying an assessment after an inspection begins does not erase an earlier breach, but prompt, competent and transparent action can reduce continuing risk. Do not create or backdate records. Address urgent life-safety concerns immediately and preserve an accurate audit trail.
- Confirm who the responsible persons are
- Put immediate controls in place for any serious known risk
- Arrange an appropriate assessment without delay
- Gather alarm, lighting, door, training and maintenance records
- Record interim decisions and cooperate with other dutyholders
- Take legal or specialist advice if enforcement action is underway
Proportionate enforcement
What may happen after an inspection
The enforcing authority decides the response by considering the seriousness of the deficiencies, risk to people, compliance history, cooperation and evidence of reasonable precautions. Not every deficiency leads immediately to prosecution.
Current government guidance distinguishes verbal advice, non-statutory notices and statutory notices. A non-statutory letter may list breaches and recommended timescales, but failure to address them can support escalation and may be evidence in later proceedings.
Verbal advice
May be used for a small number of minor, low-risk deficiencies.
Non-statutory notice
Records more significant deficiencies and expected corrective action without itself creating a statutory offence.
Agreed action plan
May set priorities and timescales followed by a further audit.
Statutory notice
Creates enforceable requirements or restrictions and carries appeal rights.
Statutory powers
Enforcement, prohibition and alterations notices
The three statutory notices are not interchangeable. An enforcement notice requires specified breaches to be remedied. A prohibition notice restricts or prohibits use where the risk to people is so serious that use ought to be restricted. An alterations notice is used for premises that present, or could present, serious risk and can require notification before specified changes.
A person served with a statutory notice normally has 21 days to appeal to the magistrates’ court. An appeal generally suspends the notice, but a prohibition notice is not suspended unless the court directs otherwise. Obtain prompt advice rather than missing the deadline.
| Notice | Purpose | Practical effect |
|---|---|---|
| Enforcement notice | Remedy failures to comply | Sets breaches and a compliance period of at least 28 days. |
| Prohibition notice | Control serious risk to people | Can immediately prohibit or restrict all or part of the premises. |
| Alterations notice | Monitor premises presenting serious potential risk | May require the authority to be told before specified changes are made. |
Criminal sanctions
Fines and imprisonment are reserved for offences, not paperwork alone
A serious failure to comply that exposes people to risk of death or serious injury, or failure to comply with a statutory notice, can lead to prosecution. Government guidance states that the maximum penalty for these offences is an unlimited fine in the magistrates’ court or, in the Crown Court, an unlimited fine and/or imprisonment for up to two years.
Companies can be prosecuted and, in defined circumstances, individuals such as directors, officers, managers, employees or professional advisers may also face proceedings. Outcomes depend on the offence and evidence; a missing FRA should never be described as producing an automatic fixed fine.
Insurance and next steps
Insurance is policy-specific: avoid blanket claims
The absence of an assessment does not automatically invalidate every buildings, liability or business-interruption policy. Cover and claims depend on the wording, disclosures, warranties or conditions, the type of policy, applicable insurance law and whether the breach is relevant to the loss.
Notify the broker or insurer accurately where the policy requires disclosure of material changes or compliance information. Do not assume cover exists or has disappeared. If there has been a fire or threatened rejection, obtain advice on the actual wording. Separately, the Fire Safety Order duty must still be corrected.
- Do not backdate an FRA or maintenance record
- Read the schedule, endorsements, conditions and warranties
- Make accurate disclosures and keep correspondence
- Tell the assessor about the inspection, incident or notice
- Prioritise actions by life-safety risk
- Retain evidence that each action was completed and verified