What Happens If You Don’t Have a Fire Risk Assessment?

If your premises legally require a Fire Risk Assessment but none has been carried out, you are not simply missing a piece of paperwork — you are in breach of fire safety law. Under Article 9 of the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person must carry out a suitable and sufficient Fire Risk Assessment. Failure to comply with this duty is a criminal offence under Article 32.

Not having a Fire Risk Assessment in place is therefore a legal failure, not an administrative oversight. In the UK, most non-domestic premises and the common parts of multi-occupied residential buildings must have a current and suitable Fire Risk Assessment under the Fire Safety Order.

Failing to do so exposes you to enforcement action, unlimited fines, potential imprisonment, increased civil liability, insurance complications and — most importantly — a heightened risk of harm to people and property.

This article explains what the law requires, what happens if you don’t have a Fire Risk Assessment, and how enforcement action can unfold in practice.

If you are unsure whether your premises are compliant, a professional Fire Risk Assessment can help you identify risks and avoid enforcement.

What the Law Requires

Under the Regulatory Reform (Fire Safety) Order 2005, it is a legal duty for the Responsible Person — typically the owner, employer, landlord or occupier in control of non-domestic premises — to carry out a suitable and sufficient Fire Risk Assessment and to review it regularly.

A Fire Risk Assessment must:

• Identify fire hazards and people at risk
• Evaluate likely harm and adequacy of existing controls
• Set out necessary fire safety measures
• Provide a plan for implementing and reviewing actions

In most cases, the Fire Risk Assessment must be recorded in writing and made available to enforcing authorities on request.

Not having an assessment at all — or having one that is outdated or inadequate — means you are not meeting these legal duties.

Is It a Criminal Offence Not to Have a Fire Risk Assessment?

Yes. Under Article 32 of the Fire Safety Order, failure to comply with the duty to carry out a suitable and sufficient Fire Risk Assessment is a criminal offence.

The Fire Safety Order requires the Responsible Person to make a suitable and sufficient assessment of the risks to relevant persons from fire.

The Responsible Person can be prosecuted in the Magistrates’ Court or Crown Court depending on the severity of the breach. Courts consider the level of risk created, whether there was previous non-compliance, and whether any harm occurred.

Immediate Consequences of Not Having a Fire Risk Assessment

Enforcement Action by the Fire and Rescue Service

If fire safety authorities discover that a valid Fire Risk Assessment has never been carried out — whether through an inspection, complaint or audit — they can take enforcement action. An Enforcement Notice may be issued requiring you to carry out a suitable assessment and address fire safety deficiencies within a specified timeframe.

In cases where there is serious risk to life, the Fire and Rescue Service can issue a Prohibition Notice, which may restrict or immediately prohibit the use of part or all of the premises until fire safety measures are put in place.

A Prohibition Notice can effectively close a business or restrict occupation of a building until fire safety risks are reduced to an acceptable level.

Fines and Unlimited Financial Penalties

Failure to comply with fire safety regulations can lead to fines. On summary conviction in the Magistrates’ Court, fines can be unlimited. In more serious cases heard in the Crown Court, courts may impose unlimited fines and custodial sentences of up to two years.

Prosecution and Imprisonment

In more serious cases, Responsible Persons can be prosecuted in court for failing to comply with the Fire Safety Order. Convictions can result in significant fines and, in extreme cases, imprisonment.

Courts also consider the potential risk to life when sentencing. If a fire occurs and it’s found that no valid Fire Risk Assessment was in place, prosecutions are more likely and sanctions harsher.

Broader Consequences Beyond Enforcement

Invalidated Insurance and Liability Exposure

Many commercial insurance policies require compliance with fire safety legislation as a condition of cover. If you have no Fire Risk Assessment, an insurer may refuse claims after a fire loss or incident.

In addition, in civil liability cases, failing to carry out a Fire Risk Assessment can be used as evidence of negligence in compensation claims made by employees, visitors or tenants.

Increased Risk to People and Property

A Fire Risk Assessment helps identify hazards before they cause harm. Without one, fire safety measures might be inadequate, increasing the likelihood of fire incidents and the severity of outcomes for people using the premises.

Examples of Enforcement in Action

Responsible persons have been prosecuted where no fire safety documentation was in place, or where deficiencies were significant. For instance, failure to produce a written risk assessment — or to act on known risks — can trigger enforcement notices, fines and court action.

In a number of UK cases, businesses have received substantial fines for operating without a Fire Risk Assessment, even where no fire had occurred. Courts have emphasised that the absence of an assessment alone demonstrates a failure to manage fire risk.

Does This Apply to My Premises?

The requirement to carry out a Fire Risk Assessment applies to:

• Shops, offices and commercial premises
• Restaurants, pubs and hospitality venues
• Warehouses and industrial units
• Schools and healthcare premises
• The common parts of blocks of flats
• Any premises where people are employed or members of the public have access

If your premises fall within scope of the Fire Safety Order, you must have a suitable and sufficient Fire Risk Assessment in place.

What You Should Do Next

If you discover your premises do not have a Fire Risk Assessment:

1. Identify the Responsible Person: Determine who is legally accountable for fire safety duties.
2. Commission a Risk Assessment: Arrange for a competent person to carry out a documented Fire Risk Assessment immediately.
3. Implement Controls: Act on the findings to improve fire safety measures and keep records.
4. Review Regularly: Establish a programme to review the assessment whenever changes occur in the building, its use or occupancy.

Conclusion

Not having a Fire Risk Assessment is not a minor oversight — it is a breach of statutory duty with real legal, financial and safety consequences. From enforcement notices and heavy fines to prosecution and increased liability, the risks of non-compliance are significant.

Carrying out and maintaining a suitable, sufficient Fire Risk Assessment is essential not just for legal compliance but for protecting lives, property and your organisation’s reputation.

Don’t wait until it’s too late — make fire safety an active part of your risk management strategy.

Frequently Asked Questions

Is a Fire Risk Assessment a legal requirement?

Yes. Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person must carry out a suitable and sufficient Fire Risk Assessment for most non-domestic premises and the common parts of multi-occupied residential buildings.

Failure to do so is a breach of fire safety law and may result in enforcement action.

Who is responsible for carrying out a Fire Risk Assessment?

The Responsible Person is legally accountable. This is typically:

• An employer
• A building owner
• A landlord
• A managing agent
• Any person with control over the premises

The duty cannot be delegated, even if a competent fire risk assessor is appointed.

Can I be fined for not having a Fire Risk Assessment?

Yes. If a Fire and Rescue Service inspection identifies that no suitable Fire Risk Assessment is in place, enforcement action may follow.

Penalties can include enforcement notices, prosecution, unlimited fines, and in serious cases, imprisonment.

What happens if there is a fire and no Fire Risk Assessment?

If a fire occurs and there is no Fire Risk Assessment, this significantly increases the likelihood of prosecution.

Courts will consider whether reasonable steps were taken to manage fire risk. The absence of an assessment can be treated as evidence of negligence and may also affect insurance claims.

Does a small business need a Fire Risk Assessment?

Yes. The size of the business does not remove the legal duty.

Even small shops, offices, cafés and workshops must carry out a Fire Risk Assessment if they employ staff or are open to the public.

Is an outdated Fire Risk Assessment the same as having none?

An outdated or generic Fire Risk Assessment may be considered not “suitable and sufficient” under the Fire Safety Order.

If it does not reflect the current building layout, occupancy or fire precautions, enforcement action can still follow.

Can the Fire and Rescue Service inspect without warning?

Yes. Authorised officers may carry out fire safety inspections without prior notice, particularly if there is reason to believe that serious risk exists.