Fire Risk Assessment for Freeholders

Freeholders in the UK often carry primary legal responsibility for fire safety in residential buildings containing flats. Where you own the freehold of a multi-occupied building and control the common parts, you will usually be treated as the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005.

In standard leasehold structures, responsibility for the building’s common areas rests with the freeholder unless it has been clearly transferred through a formal management arrangement. However, delegation of day-to-day tasks does not automatically remove legal accountability.

Many freeholders assume that fire safety responsibility sits with managing agents or leaseholders. In law, the key test is control. If you retain control of shared areas, you are likely to remain legally responsible.

This guide explains when a fire risk assessment is required for freeholders, how responsibility is allocated in leasehold buildings, and what must be in place to ensure compliance.

If you require a compliant fire risk assessment anywhere in the UK, contact us for a free, no-obligation quotation.

Do Freeholders Need a Fire Risk Assessment?

In most cases, yes.

The Fire Safety Order applies to the common parts of multi-occupied residential buildings. This includes:

• Purpose-built blocks of flats
• Converted buildings containing flats
• Mixed-use buildings with residential upper floors
• Buildings with shared corridors, staircases or entrance halls

Where the freeholder controls these shared areas, they will usually be treated as the Responsible Person.

Individual leaseholders are generally responsible only for the interior of their own flat, not for communal areas.

In some buildings, a Resident Management Company (RMC) or Right to Manage (RTM) company may assume control of the common parts. In those cases, the entity exercising control — not necessarily the freeholder — may be treated as the Responsible Person.

What Parts of the Building Are Covered?

Under the Fire Safety Act 2021, the Fire Safety Order applies to:

• The structure of the building
• External walls (including cladding systems)
• Flat entrance doors
• Common parts such as stairwells and corridors

This clarification significantly strengthened the responsibilities of freeholders in residential buildings containing flats.

Where freeholders previously relied on narrow interpretations of “common parts,” that position is no longer sustainable.

The Fire Safety Order does not normally apply inside individual flats, other than flat entrance doors where they form part of the building’s fire-resisting structure

What Is the Legal Basis for Freeholder Responsibility?

Under Article 8 and Article 9 of the Fire Safety Order, the Responsible Person must:

• Take general fire precautions to protect relevant persons
• Carry out a suitable and sufficient fire risk assessment
• Implement appropriate fire safety measures
• Maintain fire safety systems
• Record significant findings where required
• Review the assessment where necessary

“Relevant persons” include residents, visitors, contractors and anyone lawfully on the premises.

Breach of the Fire Safety Order is a criminal offence.

Enforcement action is taken by the local Fire and Rescue Authority.

Can a Freeholder Delegate Fire Safety to a Managing Agent?

Freeholders frequently appoint managing agents to oversee building management. While tasks can be delegated, legal responsibility does not automatically transfer.

If the freeholder retains control under the lease or management structure, they may remain the Responsible Person — even where a managing agent handles operational delivery.

Clear contractual allocation of responsibilities and oversight of managing agents is essential to reduce enforcement risk.

Fire Safety (England) Regulations 2022 – Additional Duties

For multi-occupied residential buildings in England, additional duties apply under the Fire Safety (England) Regulations 2022. These include:

• Providing residents with fire safety instructions
• Providing information about fire doors
• Undertaking checks of communal fire doors
• In certain buildings, undertaking checks of flat entrance doors
• Maintaining records of checks and remedial actions

Freeholders are often ultimately responsible for ensuring these duties are fulfilled, even where operational delivery is handled by agents.

Higher-Risk Residential Buildings and the Building Safety Act 2022

Where a building meets the definition of a higher-risk residential building under the Building Safety Act 2022, additional regulatory requirements may apply.

In such cases, the freeholder may also have responsibilities as the Accountable Person, including maintaining structured building safety documentation and demonstrating ongoing risk management.

Fire risk assessments form a core component of this wider safety framework.

What Happens If a Freeholder Does Not Comply?

Failure to comply with fire safety legislation can result in:

• Enforcement Notices
• Prohibition Notices
• Unlimited fines
• Criminal prosecution
• Reputational and financial risk

In serious cases, directors or officers of a corporate freeholder may also face personal liability where offences occur with their consent, connivance or neglect.

Insurers may decline claims where adequate fire risk assessments were not in place or where significant findings were ignored.

What Type of Fire Risk Assessment Is Required?

For most residential blocks, a fire risk assessment for freeholders will take the form of a communal fire risk assessment covering:

• Escape routes
• Fire doors and compartmentation
• Fire alarm and emergency lighting systems
• Signage and evacuation strategy
• External wall considerations where relevant

The assessment must be suitable and sufficient, building-specific and regularly reviewed.

How Often Must a Freeholder Review a Fire Risk Assessment?

There is no fixed statutory review interval, but the assessment must be reviewed where necessary — particularly when:

• Structural alterations occur
• Occupancy patterns change
• Fire safety systems are modified
• A fire or significant incident occurs
• Deficiencies are identified

Many freeholders adopt annual review cycles supported by periodic re-inspection based on risk profile.

Review frequency should be proportionate to the building’s risk profile. Higher-risk buildings may require more frequent re-inspection, while lower-risk blocks with stable occupancy and effective controls may justify longer intervals.

Fire Risk Assessment for Freeholders – Quick Compliance Summary

If you own the freehold of a multi-occupied residential building and control the common parts, you are likely to be the Responsible Person under the Fire Safety Order.

You must ensure that a suitable and sufficient fire risk assessment is in place, that its findings are acted upon, and that compliance can be demonstrated if inspected.

Delegation does not remove accountability.

How Much Does a Fire Risk Assessment for Freeholders Cost?

The cost depends on the size and complexity of the building.

Factors affecting cost include:

• Number of storeys
• Number of flats
• Complexity of escape routes
• Fire alarm system type
• External wall systems
• Building age and condition

For an accurate quotation based on your property, contact us for a free assessment proposal.

Conclusion

Freeholders often sit at the centre of fire safety responsibility in residential buildings containing flats. Where you control the common parts, you are likely to be the Responsible Person and must ensure that suitable and sufficient fire risk assessments are in place.

Recent legislative changes have strengthened these obligations and clarified that structure, external walls and flat entrance doors fall within scope.

At Fire Risk Assessment Network, we support freeholders across the UK with structured, compliant fire risk assessments that provide clear prioritisation and defensible documentation.

If you require a compliant fire risk assessment, speak to our team today.

Frequently Asked Questions

Is a Freeholder Responsible for Fire Safety in a Block of Flats?

In most standard leasehold structures, yes. Where a freeholder owns and controls the common parts of a multi-occupied residential building, they will usually be treated as the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005. This includes shared areas such as stairwells, corridors, entrance halls and plant rooms. Legal responsibility depends on control of the premises rather than ownership alone.

Do Leaseholders Need a Fire Risk Assessment?

Individual leaseholders are generally responsible only for the interior of their own flat. The legal duty to carry out a fire risk assessment for the common parts of the building normally sits with the freeholder or person in control of those areas. However, leaseholders must comply with the terms of their lease and must not interfere with fire safety measures serving the building.

Can a Freeholder Delegate Fire Safety to a Managing Agent?

A freeholder can appoint a managing agent to carry out fire safety tasks, but delegation does not automatically remove legal responsibility. If the freeholder retains control under the lease or ownership structure, they may remain the Responsible Person and must ensure compliance is properly managed, monitored and evidenced.

Does the Fire Safety Act 2021 Affect Freeholders?

Yes. The Fire Safety Act 2021 clarified that the Fire Safety Order applies to the building structure, external walls (including cladding systems) and flat entrance doors in buildings containing flats. This significantly strengthened and clarified the responsibilities of freeholders in residential buildings.

Who Pays for the Fire Risk Assessment in a Leasehold Block?

In most cases, the cost of a fire risk assessment for the common parts of a leasehold building is recoverable through the service charge, subject to the terms of the lease. The freeholder or Responsible Person is responsible for arranging the assessment, but costs are typically shared between leaseholders in accordance with the lease structure.

What Happens If a Freeholder Fails to Comply With Fire Safety Law?

Failure to comply can result in enforcement notices, prohibition of use, unlimited fines and criminal prosecution. Enforcement action is taken by the local Fire and Rescue Authority. Insurers may also decline claims where adequate fire risk assessments were not in place or where significant findings were ignored.