Company directors in the UK can carry personal responsibility for fire safety compliance within the organisations they lead. While the Regulatory Reform (Fire Safety) Order 2005 primarily places duties on the “Responsible Person”, directors may face criminal liability where offences are committed with their consent, connivance or neglect.
Fire safety is therefore not merely an operational issue delegated to facilities or property teams. It is a matter of corporate governance requiring board-level oversight, documented systems and demonstrable due diligence.
This guide explains how fire risk assessment duties relate to company directors, when personal liability may arise, and what governance structures should be in place to ensure compliance.
If your organisation requires a compliant fire risk assessment anywhere in the UK, contact us for a free, no-obligation quotation.
Contents
- 1 Are Directors Personally Responsible for Fire Safety?
- 2 What Is the Legal Basis for Director Liability?
- 3 Why Fire Risk Assessments Matter at Board Level
- 4 Governance and Due Diligence
- 5 High-Risk Sectors and Heightened Scrutiny
- 6 What Happens If a Director Is Prosecuted?
- 7 How Can Directors Reduce Personal Risk?
- 8 Fire Risk Assessment for Directors – Executive Summary
- 9 Conclusion
- 10 Frequently Asked Questions
- 10.1 Can a company director be prosecuted under the Fire Safety Order?
- 10.2 Does Having a Fire Risk Assessment Protect Directors?
- 10.3 What Should Directors Ask for as Evidence of Fire Safety Compliance?
- 10.4 Can Directors Delegate Fire Safety and Still Be Liable?
- 10.5 What Are the Consequences of Non-Compliance for Directors?
Are Directors Personally Responsible for Fire Safety?
The Fire Safety Order places duties on the Responsible Person — typically the employer, building owner, landlord or person in control of the premises.
However, Article 32 of the Fire Safety Order creates criminal offences for non-compliance. Where an offence under the Fire Safety Order is committed by a body corporate, and it is proved that the offence was committed with the consent or connivance of a director or other senior officer — or attributable to their neglect — that individual may be personally prosecuted.
This means directors cannot assume that delegation removes risk.
If fire safety failures arise from inadequate governance, lack of oversight or failure to act on known risks, personal liability may be engaged.
What Is the Legal Basis for Director Liability?
Director liability may arise under:
- Article 32 of the Regulatory Reform (Fire Safety) Order 2005
- The concept of consent, connivance or neglect
- Section 37 of the Health and Safety at Work etc. Act 1974 (in certain circumstances)
In practical terms, this means that where senior management knowingly allows fire safety breaches to continue — or fails to implement reasonable systems to manage risk — enforcement authorities may pursue individuals as well as the organisation.
Enforcement action is taken by the local Fire and Rescue Authority.
Conviction can result in unlimited fines and, in serious cases, imprisonment.
Why Fire Risk Assessments Matter at Board Level
A suitable and sufficient fire risk assessment is the legal foundation of fire safety compliance. The assessment must identify risks and ensure that appropriate fire precautions are implemented so far as reasonably practicable.
For directors, the question is not simply whether an assessment exists — but whether:
- It is current and building-specific
- Its significant findings are understood
- Remedial actions are prioritised and tracked
- Resources are allocated to address risks
- Compliance status is reported to senior leadership
A fire risk assessment that sits unread or unimplemented provides little protection in enforcement proceedings.
Governance and Due Diligence
Directors should be able to demonstrate due diligence in relation to fire safety.
This typically includes:
- Ensuring a competent person has carried out the fire risk assessment
- Establishing clear responsibility for implementing actions
- Requiring periodic compliance reporting
- Maintaining an audit trail of inspections and remedial works
- Reviewing fire safety risks as part of corporate risk registers
In larger organisations, this may form part of formal governance frameworks and board-level reporting structures.
Demonstrating effective systems and oversight may form part of a due diligence defence where enforcement action is taken.
High-Risk Sectors and Heightened Scrutiny
Director liability risk is particularly relevant in sectors such as:
- Residential property portfolios
- Housing associations
- Care homes
- Hotels and hospitality
- Large commercial premises
- Mixed-use developments
Following high-profile fire incidents in recent years, enforcement authorities have demonstrated increased willingness to pursue individuals where governance failings are identified.
What Happens If a Director Is Prosecuted?
Penalties for serious fire safety offences can include:
- Unlimited fines
- Criminal conviction
- Disqualification from acting as a director
- Imprisonment in the most serious cases
In addition to legal consequences, prosecutions may result in significant reputational damage and regulatory scrutiny.
Insurance policies, including Directors’ and Officers’ (D&O) cover, may not protect against criminal penalties.
How Can Directors Reduce Personal Risk?
Directors cannot remove all risk, but they can significantly reduce exposure by ensuring that:
- Every relevant building has a current fire risk assessment
- Assessments are suitable and sufficient
- High-risk findings are prioritised
- Fire safety is treated as a standing governance issue
- Responsibilities are clearly defined and documented
Fire safety compliance should be embedded within organisational risk management systems rather than treated as a reactive or administrative task.
Fire Risk Assessment for Directors – Executive Summary
If you are a company director, you may face personal criminal liability where fire safety offences occur with your consent, connivance or neglect.
Delegation does not remove responsibility. Effective governance, documented oversight and properly implemented fire risk assessments are essential to reducing legal and reputational risk.
Directors should ensure that fire safety compliance is actively managed, monitored and reported at senior level.
Conclusion
Fire safety compliance is ultimately a leadership responsibility. While operational teams may manage day-to-day controls, directors must ensure that suitable and sufficient fire risk assessments are in place and that identified risks are addressed.
Where governance failures lead to fire safety breaches, personal liability may arise.
At Fire Risk Assessment Network, we support organisations across the UK with structured, compliant fire risk assessments that provide clear prioritisation and defensible documentation. If you require structured, compliant fire risk assessments that support defensible governance and reduce liability exposure, speak to our team today.
Frequently Asked Questions
Can a company director be prosecuted under the Fire Safety Order?
Yes. While the primary legal duties sit with the Responsible Person, a director (or other senior officer) may be personally prosecuted if a fire safety offence by the organisation is proved to have been committed with their consent, connivance or neglect. This is why board-level oversight, documented decision-making and effective compliance systems matter.
Does Having a Fire Risk Assessment Protect Directors?
A suitable and sufficient fire risk assessment is a key part of compliance and can help demonstrate due diligence, but only if it is current, building-specific and acted upon. An assessment that is generic, out of date, or not implemented provides limited protection. Directors should ensure actions are prioritised, resourced and tracked to completion.
What Should Directors Ask for as Evidence of Fire Safety Compliance?
Directors should be able to see evidence that assessments are in place and being managed. Common examples include: current fire risk assessments, action plans with responsibilities and deadlines, records of fire alarm and emergency lighting maintenance, fire door inspection records (where applicable), evacuation strategy information, and periodic compliance reporting to senior management or the board.
Can Directors Delegate Fire Safety and Still Be Liable?
Directors can delegate tasks, but delegation does not automatically remove legal risk. If governance is weak, warnings are ignored, or known issues are not addressed, liability may arise. Clear allocation of responsibilities, competent support, and documented oversight are essential.
What Are the Consequences of Non-Compliance for Directors?
Fire safety offences can lead to enforcement notices, prosecution and unlimited fines. In serious cases, individuals may face criminal conviction, disqualification from acting as a director, and potentially imprisonment. Beyond legal penalties, reputational damage and regulatory scrutiny can be significant.
