Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order 2005 (commonly referred to as the Fire Safety Order or RRO) is the primary piece of fire safety legislation governing non-domestic premises and the common parts of residential buildings in England and Wales.

It consolidated and replaced a large body of earlier fire safety legislation, creating a single, risk-based framework that places responsibility for fire safety on those who control premises.

The RRO came into force on 1 October 2006 and remains the foundation of fire safety law in England and Wales today.

Background to the Fire Safety Order

Before the introduction of the RRO, fire safety in the UK was governed by numerous separate Acts and regulations, including:

• The Fire Precautions Act 1971
• The Fire Precautions (Workplace) Regulations 1997 and 1999

This fragmented approach led to complexity and inconsistency. The RRO was introduced to simplify the legal framework, remove the fire certificate regime, and replace it with a risk-based system of ongoing fire safety management.

Under the RRO, responsibility for fire safety is no longer dependent on certification by fire authorities. Instead, duty holders must identify risks, implement appropriate precautions, and keep them under review.

Scope of the Regulatory Reform (Fire Safety) Order 2005

The RRO applies to:

• Workplaces and business premises
• Public buildings
• Educational and healthcare premises
• Places of assembly
• The common parts of multi-occupied residential buildings, including blocks of flats and HMOs

It does not generally apply inside individual domestic dwellings, except where other legislation imposes specific duties.

The Responsible Person

Under the Regulatory Reform (Fire Safety) Order 2005, responsibility for fire safety rests with the Responsible Person. This is usually the employer, building owner, landlord, managing agent, or anyone with control over the premises.

The government provides clear guidance on fire safety responsibilities for employers and duty holders, including requirements for fire risk assessments, fire precautions, staff training, and ongoing review of fire safety arrangements.

This is typically:

• The employer (for workplaces)
• The building owner or landlord
• A managing agent or facilities manager
• Any person who has control of the premises

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

Core Duties Under the RRO

The Responsible Person must take general fire precautions to ensure the safety of relevant persons. Key duties include:

• Carrying out a suitable and sufficient fire risk assessment
• Identifying fire hazards and people at risk
• Implementing appropriate fire safety measures
• Maintaining fire precautions and safety systems
• Providing fire safety information and training
• Reviewing and updating the fire risk assessment regularly

Where five or more people are employed, or where legislation requires it, the findings of the fire risk assessment must be recorded in writing.

Fire Risk Assessments Under the RRO

The fire risk assessment is the cornerstone of compliance under the Fire Safety Order.

It must be:

• Suitable and sufficient
• Proportionate to the premises and risk
• Kept up to date
• Acted upon

While a Responsible Person may carry out their own fire risk assessment if they are competent to do so, many premises require the involvement of a competent fire risk assessor, particularly where buildings are complex or higher risk.

Relationship With the Fire Safety Act 2021

The Fire Safety Act 2021 clarified how the RRO applies to multi-occupied residential buildings.

It confirmed that fire risk assessments must consider:

• The structure and external walls of the building, including cladding, insulation, balconies, and fixings
• Flat entrance doors opening onto common parts

The Act did not replace the RRO — it amended and clarified it, reinforcing existing duties and removing ambiguity following the Grenfell Tower fire.

Fire Safety (England) Regulations 2022

Further duties for certain higher-risk residential buildings were introduced through the Fire Safety (England) Regulations 2022.

These regulations sit beneath the RRO and introduce additional requirements for Responsible Persons, including:

• Provision of fire safety information to residents
• Regular checks on fire doors and lifts
• Installation and maintenance of wayfinding signage
• Secure storage of building information for fire and rescue services

These duties apply in addition to, not instead of, the RRO.

Enforcement and Penalties

Fire and rescue authorities are responsible for enforcing the Fire Safety Order.

Failure to comply with duties under the RRO can result in:

• Enforcement notices
• Prohibition notices
• Prosecution
• Unlimited fines and, in serious cases, imprisonment

The Responsible Person remains legally accountable even where tasks are delegated to third parties.

Fire safety legislation is enforced by fire and rescue authorities and, in certain premises, by the Health and Safety Executive (HSE). Enforcement action may include inspections, improvement notices, prohibition notices, prosecution, and fines where serious failings are identified.

Maintaining a suitable and sufficient fire risk assessment and appropriate fire safety measures is essential to demonstrate compliance and reduce enforcement risk.

Guidance Supporting the Fire Safety Order

To support compliance with the Fire Safety Order, the government has published a suite of guidance documents covering different types of premises. These documents explain how to carry out a suitable and sufficient fire risk assessment and how to implement appropriate fire safety measures.

Responsible Persons should refer to the official fire risk assessment guidance relevant to their premises type to ensure legal duties are met in practice.

These guides explain:

• How to carry out a fire risk assessment
• What constitutes appropriate fire precautions
• How duties apply to different types of premises

They are intended to support compliance but do not replace the legal requirements of the Fire Safety Order itself.

Summary

The Regulatory Reform (Fire Safety) Order 2005 remains the cornerstone of fire safety law in England and Wales.

It places clear legal responsibility on those who control premises to identify fire risks, implement appropriate precautions, and protect occupants.

Subsequent legislation — including the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 — has strengthened and clarified these duties, particularly in relation to residential buildings.

Understanding and complying with the RRO is essential for anyone responsible for managing fire safety in non-domestic premises or the common parts of residential buildings.

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Frequently Asked Questions

What Is the Regulatory Reform (Fire Safety) Order 2005?

The Regulatory Reform (Fire Safety) Order 2005 is the primary fire safety legislation in England and Wales. It places legal responsibility on those who control non-domestic premises and the common parts of residential buildings to assess fire risks and implement appropriate fire safety measures.

Who Is the Responsible Person Under the Fire Safety Order?

The Responsible Person is typically the employer, building owner, landlord, managing agent, or anyone with control over the premises. In some buildings, there may be more than one Responsible Person, each responsible for the areas under their control.

What Buildings Does the Fire Safety Order Apply To?

The Fire Safety Order applies to most non-domestic premises, including workplaces, public buildings, and the common parts of multi-occupied residential buildings such as blocks of flats and HMOs. It does not usually apply inside individual private dwellings.

Is a Fire Risk Assessment a Legal Requirement?

Yes. A suitable and sufficient fire risk assessment is a legal requirement under the Fire Safety Order. The assessment must identify fire hazards, people at risk, and the measures needed to reduce risk, and it must be reviewed regularly.

Does the Fire Safety Order Still Apply Following the Fire Safety Act 2021?

Yes. The Fire Safety Act 2021 amended and clarified the Fire Safety Order. It confirmed that fire risk assessments must consider a building’s structure, external walls, and flat entrance doors in multi-occupied residential buildings.

What Are the Fire Safety (England) Regulations 2022?

The Fire Safety (England) Regulations 2022 introduce additional duties for certain higher-risk residential buildings, such as requirements relating to fire doors, wayfinding signage, resident information, and cooperation with fire and rescue services. These regulations sit beneath and complement the Fire Safety Order.

Can the Fire Risk Assessment Be Delegated?

The task of carrying out a fire risk assessment can be delegated to a competent person, but the legal responsibility for fire safety compliance cannot be delegated. The Responsible Person remains legally accountable at all times.

What Happens If the Fire Safety Order Is Not Complied With?

Failure to comply with the Fire Safety Order can result in enforcement action by fire authorities, including improvement notices, prohibition notices, prosecution, unlimited fines, and in serious cases, imprisonment.