Who Is Responsible for a Fire Risk Assessment? The Legal Duty Explained
Who Is Responsible for a Fire Risk Assessment? The Legal Duty Explained
The responsible person is whoever has control of the premises — usually the employer, the building owner, the landlord, or the managing agent. That person is legally accountable under the Regulatory Reform (Fire Safety) Order 2005 for making sure a suitable and sufficient fire risk assessment is carried out and acted on. The single most important thing to understand is this: you can delegate the task of doing the assessment, but you cannot delegate the responsibility for it.
This guide explains who the responsible person is in each common situation, what the duty actually requires, and what "competent person" means when you bring someone in to help.
This article summarises UK fire safety law for educational purposes and is not legal advice. The responsible person carries the legal liability for fire safety, even where the assessment is carried out by someone else on their behalf. For specific compliance questions, consult a competent fire risk assessor or your local fire and rescue authority.
The Legal Definition
The Regulatory Reform (Fire Safety) Order 2005 — the Fire Safety Order — is the primary legislation in England and Wales. Article 3 defines the "responsible person":
"(a) in relation to a workplace, the employer, if the workplace is to any extent under his control; (b) in relation to any premises not falling within paragraph (a)— (i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) 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 thread running through every limb is control. The law attaches the duty to whoever is in a position to do something about fire safety on the premises — not to a job title.
What the Duty Actually Requires
Article 9(1) sets the core obligation: "the responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed." From that flow the related duties — to act on the findings with preventive and protective measures, to keep the assessment under review, and (since 1 October 2023, under Section 156 of the Building Safety Act 2022) to record the assessment in full in all circumstances.
"Suitable and sufficient" is the standard. It is not a tick-box minimum; it means the assessment has to be proportionate to the building and genuinely engage with its risks. An assessment that misses a real hazard is not suitable and sufficient, regardless of how it was produced.
You Can Delegate the Task, Not the Liability
This is the point every duty-holder needs to absorb. The Fire Safety Order lets you appoint someone competent to carry out the assessment for you — and most responsible persons do, because few have the time or the expertise. But appointing an assessor does not transfer the legal accountability.
If a fire and rescue authority later finds the assessment was inadequate, the enforcement action is against the responsible person. "I paid a consultant" is not a defence to the duty itself, though it is obviously better than having done nothing — and it matters that you appointed a genuinely competent person and gave them the information they needed.
Practically, that means the responsible person should:
- Appoint a genuinely competent assessor and check their competence (see below);
- Give the assessor full access and accurate information about the building;
- Read the report, understand the findings, and act on the action plan;
- Keep the record and set a review date.
Who Is Responsible — by Situation
Because the test is control, the answer shifts with the type of premises. This table covers the common cases.
| Premises type | Responsible person for fire safety |
|---|---|
| Single-occupier office, shop, or workplace | The employer who controls the workplace |
| Multi-tenant commercial building | Each tenant-employer for their own demise; the landlord or managing agent for the shared areas |
| Let commercial unit | Usually the tenant running the business there (employer in control); the landlord for any common parts |
| Block of flats | The freeholder, managing agent, or residents' management company for the common parts, structure, external walls, and flat entrance doors |
| HMO / shared house | The landlord or managing agent for the common parts (plus housing-law duties) |
| Mixed-use building | Each duty-holder for the part they control, with a duty to cooperate across the building |
Where more than one person has control of part of the premises, the Fire Safety Order requires them to cooperate and coordinate — a fire does not stop at a lease boundary, and neither can the fire safety arrangements. For the residential cases, our guides to fire risk assessments for flats and for landlords go deeper.
What "Competent Person" Means
When you appoint someone to carry out the assessment, Article 18 of the Order governs competence. It requires the responsible person to "appoint one or more competent persons" to assist with the preventive and protective measures, and defines competence:
"A person is to be regarded as competent ... where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures."
There is no single mandatory qualification. In practice, competence is demonstrated through a combination of recognised training (the NEBOSH National Certificate in Fire Safety is a common entry credential), practical assessment experience, professional registration (such as the Institution of Fire Engineers' Fire Risk register), and third-party certification (BAFE SP205). The published competence framework for individual fire risk assessors is BS 8674:2025. For the competence requirements to look for before you appoint anyone, see our fire risk assessment guidelines.
Practical Takeaways
- The responsible person is whoever controls the premises — find the control, find the duty.
- The duty is to make a suitable and sufficient assessment, act on it, review it, and now record it in full.
- You can delegate the work to a competent person; you cannot delegate the liability.
- In multi-occupier buildings, more than one person can be responsible — and they must cooperate.
- Check the competence of anyone you appoint, and keep a record of who carried out the assessment.
Summary
Responsibility for a fire risk assessment follows control of the premises, as Article 3 of the Fire Safety Order sets out. The responsible person must ensure a suitable and sufficient assessment is carried out, acted on, reviewed, and recorded — and that accountability cannot be handed off even when a competent assessor does the actual work. Get clear on who the responsible person is for each building, appoint genuine competence where you need it, and keep the record current.
For the assessors and firms who carry out this work for responsible persons, AssessKit keeps every client, site, action plan, and review date in one place — so the responsible person always has a current, defensible record. Start free — the Free plan includes two assessments a month, with no card required. See pricing for the full plans.
Sources
- Regulatory Reform (Fire Safety) Order 2005, Article 3 — Meaning of "responsible person" (legislation.gov.uk)
- Regulatory Reform (Fire Safety) Order 2005, Article 9 — Risk assessment
- Regulatory Reform (Fire Safety) Order 2005, Article 18 — Safety assistance (competent persons)
- Fire safety responsibilities under Section 156 of the Building Safety Act 2022 (GOV.UK)
Frequently asked questions
Who is the responsible person under the Fire Safety Order?
Article 3 of the Regulatory Reform (Fire Safety) Order 2005 defines the responsible person as the employer where the workplace is under their control, or otherwise the person who has control of the premises in connection with a trade, business or undertaking, or the owner where no one else has that control. In short, it is whoever controls the premises.
Can you delegate responsibility for a fire risk assessment?
You can delegate the task of carrying out the assessment to a competent person — an in-house manager or an external assessor — but you cannot delegate the legal responsibility for it. The responsible person remains accountable under the Fire Safety Order for ensuring a suitable and sufficient assessment is carried out and acted on, whoever physically does the work.
Who is responsible in a block of flats?
The responsible person for the common parts of a block of flats is whoever controls them — usually the freeholder, the managing agent, or a residents' management company. Each leaseholder remains responsible for fire safety inside their own flat, but the communal areas, structure, external walls, and flat entrance doors are the responsible person's duty.
Is the landlord or the tenant responsible for the fire risk assessment?
It depends on control. In a let commercial unit, the tenant who runs a business there is usually the responsible person for that unit as the employer in control. In residential lettings, the landlord or managing agent is the responsible person for the common parts. Where control is shared, responsibilities can overlap, and the Fire Safety Order requires the duty-holders to cooperate.
What is a competent person for a fire risk assessment?
Article 18 of the Fire Safety Order describes a competent person as someone with sufficient training and experience or knowledge and other qualities to properly assist with the preventive and protective measures. There is no single mandatory qualification, but recognised routes include the NEBOSH National Certificate in Fire Safety, IFE membership, and third-party certification under BAFE SP205.
Related guides
Do Landlords Need a Fire Risk Assessment? A UK Guide for Responsible Persons
Do UK landlords legally need a fire risk assessment? What the law requires, where your duties start and stop, and whether you can do it yourself or hire.
Fire Risk Assessments for Flats and Blocks of Flats: What's Required and Who's Responsible
What fire risk assessment a block of flats needs, who's responsible, and how building height changes your duties at 11m and 18m under UK fire safety law.
Fire Risk Assessments for Offices and Commercial Property: A Responsible Person's Guide
What fire risk assessment an office or commercial property needs in the UK, who's the responsible person, and how to decide whether to do it yourself or hire.
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