Who Is Responsible for Completing a Fire Risk Assessment?

A fire risk assessment is a legal requirement for most non-domestic premises and for the common parts of residential buildings. It plays a critical role in identifying fire hazards, protecting occupants, and reducing the risk of fire-related injury or loss.

A common question is who is legally responsible for completing a fire risk assessment and whether this responsibility can be passed to another person.

This guide explains who is responsible under UK fire safety legislation, what their duties are, and who can carry out a fire risk assessment in practice.

Who Is the Responsible Person?

Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person is legally required to ensure that a suitable and sufficient fire risk assessment is carried out and kept up to date.

The Responsible Person is typically:

• The employer (for workplaces)
• The building owner
• The landlord
• The managing agent
• The occupier
• Any person with control over the premises, such as a facilities or building manager

In premises with shared responsibilities, there may be more than one Responsible Person, each with duties relating to the areas under their control.

In such cases, Responsible Persons must cooperate and coordinate to ensure fire safety duties are effectively managed.

Who Is Legally Responsible for Completing a Fire Risk Assessment?

The Responsible Person is legally responsible for ensuring that a suitable and sufficient fire risk assessment is carried out and kept up to date.

This responsibility:

• Cannot be delegated
• Applies regardless of who physically carries out the assessment
• Includes acting on the findings of the assessment

Even where a third party is appointed to carry out the assessment, the legal duty remains with the Responsible Person.

Fire Safety Act 2021 and Responsibility

The Fire Safety Act 2021 clarified the scope of fire risk assessments in multi-occupied residential buildings. It confirmed that fire risk assessments must consider the structure, external walls, and flat entrance doors where these form part of the common parts.

While the Act did not change who the Responsible Person is, it reinforced the importance of ensuring that fire risk assessments are suitable, sufficient, and carried out by competent persons.

Who Can Carry Out a Fire Risk Assessment?

A fire risk assessment may be carried out by:

• The Responsible Person themselves, if they are competent
• A suitably qualified and experienced fire risk assessor

Competence means having:

• Appropriate knowledge of fire safety
• An understanding of relevant legislation and guidance
• Practical experience of fire risk assessment

If the Responsible Person does not have sufficient competence, they should appoint a competent professional.

Government fire safety guidance makes clear that while the task of carrying out a fire risk assessment can be delegated, the legal responsibility for compliance always remains with the Responsible Person.

Competence and Fire Risk Assessments

Competence is a key consideration when deciding who should carry out a fire risk assessment. A competent person should have appropriate training, experience, and knowledge of fire safety legislation and guidance relevant to the premises being assessed.

Where the Responsible Person lacks sufficient competence, appointing a competent fire risk assessor is essential to ensure the assessment meets legal requirements.

Using a Professional Fire Risk Assessor

Many Responsible Persons choose to appoint an independent fire risk assessor to ensure the assessment is suitable, sufficient, and compliant.

A professional fire risk assessment typically involves:

• Inspecting the premises
• Identifying fire hazards and people at risk
• Reviewing fire safety measures
• Assessing evacuation arrangements
• Producing a written report with recommendations

The time required to complete an assessment depends on factors such as building size, complexity, occupancy, and risk profile.

What Are the Duties of the Responsible Person?

In addition to ensuring a fire risk assessment is completed, the Responsible Person must:

• Review the assessment regularly
• Implement appropriate fire safety measures
• Maintain fire protection systems
• Provide fire safety information and training
• Prepare and maintain emergency procedures

Fire risk assessments must be reviewed whenever there are significant changes to the building, its use, or its occupants.

What Is Included in a Fire Risk Assessment?

A fire risk assessment typically follows five key steps:

1. Identify fire hazards
2. Identify people at risk
3. Evaluate, remove, or reduce risks
4. Record findings and prepare emergency arrangements
5. Review and update the assessment regularly

The assessment should be proportionate to the premises and clearly documented.

Conclusion

The responsibility for completing a fire risk assessment sits with the Responsible Person, even where a third party is appointed to carry out the assessment.

Ensuring that a suitable and sufficient fire risk assessment is in place is a legal duty and a fundamental part of effective fire safety management.

At Fire Risk Assessment Network, we support building owners, landlords, and managing agents with competent fire risk assessments, regulatory guidance, and practical fire safety solutions.