Who Is the Responsible Person Under the Fire Safety Order?
If you own, manage or operate a commercial or residential building, understanding who is responsible for fire safety is essential.
Under the Regulatory Reform (Fire Safety) Order 2005, certain people are identified as the Responsible Person. The Responsible Person has legal duties relating to fire safety, including ensuring that a suitable and sufficient fire risk assessment is carried out.
In some buildings, there may be more than one Responsible Person.
What Is a Responsible Person?
The Responsible Person is the person or organisation that has responsibility for fire safety within premises covered by the Fire Safety Order. Depending on the circumstances, this may include an employer, building owner, landlord, managing agent, occupier, business operator or another person with control of the premises.
Who Is the Responsible Person in a Workplace?
For a workplace, the employer will generally be the Responsible Person where the workplace is under their control. The employer must ensure appropriate fire-safety arrangements are established for employees and other relevant people who could be affected by a fire.
Who Is Responsible in a Rented Commercial Property?
Responsibility can sometimes be shared. A commercial tenant may control internal areas while a landlord or managing agent controls communal areas or building-wide systems. Where several Responsible Persons have duties within the same building, cooperation and coordination are important.
Who Is Responsible for Fire Safety in a Block of Flats?
Fire-safety responsibilities in residential buildings can be more complex. Depending on the management arrangements, Responsible Persons could include landlords, freeholders, housing providers or organisations responsible for managing the building.
What Does the Responsible Person Have to Do?
One of the central duties is ensuring that a suitable and sufficient fire risk assessment is undertaken. The assessment should identify fire hazards, people who could be at risk and the fire precautions required to manage those risks.
Fire safety requires ongoing management and may include fire detection and warning, escape routes, fire doors, emergency lighting, firefighting equipment and staff information and training.
Does the Responsible Person Have to Carry Out the Fire Risk Assessment Personally?
Not necessarily. The Responsible Person retains responsibility for ensuring their fire-safety duties are addressed, but competent assistance can be obtained. Where sufficient knowledge or experience is not available internally, professional assistance should be considered.
Can There Be More Than One Responsible Person?
Yes. A building may have several organisations or individuals with different levels of responsibility and control, including freeholders, landlords, managing agents, employers, commercial tenants and facilities-management companies.
Responsible Person vs Competent Person
The Responsible Person is the individual or organisation with legal responsibilities under the Fire Safety Order. A competent person may be appointed or engaged to assist with particular fire-safety duties. Obtaining professional assistance does not automatically transfer all of the Responsible Person’s legal responsibilities to the consultant.
How Does a Fire Risk Assessment Help?
A professional fire risk assessment provides a structured examination of the premises and can consider sources of ignition, combustible materials, means of escape, fire detection, emergency lighting, fire doors, compartmentation, firefighting equipment, signage, staff procedures and people particularly at risk.
Responsible Persons for Care Homes and Supported Living
Care and supported-living premises can require additional consideration because occupants may need assistance during an emergency. Fire-safety arrangements may need to account for mobility, cognition, staffing arrangements, evacuation procedures and other individual circumstances.
Responsible Persons for HMOs
HMOs can involve several parties, including landlords, property managers and occupants. Areas requiring consideration may include escape routes, fire-resisting construction, fire doors, detection and warning systems, emergency lighting and management arrangements.
What Happens If Fire Safety Responsibilities Are Ignored?
Fire-safety legislation can be enforced by the relevant enforcing authority. Depending on the circumstances, enforcement action can include formal notices and prosecution. More importantly, inadequate fire-safety arrangements can expose occupants, employees and visitors to avoidable risk.
Need Help Understanding Your Fire Safety Responsibilities?
SJ Fire Safety Consultants works with Responsible Persons across a range of premises. Our services include Fire Risk Assessments, Fire Door Inspections and Fire Safety Training.
We work with landlords, property-management companies, managing agents, care providers, supported-living organisations, HMOs and commercial businesses.
Telephone: 0330 301 0255
Email: admin@sjfiresafetyconsultants.co.uk
Ask SJ about your fire-safety responsibilities
Frequently Asked Questions
Is a landlord always the Responsible Person?
Not necessarily. Responsibility depends on the circumstances and degree of control over the premises. There may also be several Responsible Persons.
Can a managing agent be a Responsible Person?
Potentially. A managing agent’s responsibilities can depend on the control and responsibilities they have in relation to the premises.
Can there be two Responsible Persons?
Yes. Multiple Responsible Persons can exist where different individuals or organisations have responsibilities for different parts or aspects of a building.
Can I appoint somebody to carry out my fire risk assessment?
Yes. A competent professional can be appointed to assist with the assessment where appropriate.
Does appointing a fire risk assessor remove my responsibilities?
No. Appointing competent assistance does not automatically remove the Responsible Person’s duties under fire-safety legislation.