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.
Quick Answer
If you do not have a suitable and sufficient fire risk assessment where one is required, you may face enforcement action, prohibition of premises use, prosecution, fines, insurance problems and increased risk to people in the building. Responsible persons must record the fire risk assessment in full and keep it under review.
Is Not Having a Fire Risk Assessment Illegal?
Where the Fire Safety Order applies, the responsible person must carry out and regularly review a fire risk assessment. The assessment must be suitable and sufficient, recorded in full and supported by appropriate fire safety arrangements.
Failing to have an assessment, or having one that is clearly unsuitable, can be treated as a breach of fire safety duties.
What Can Happen If You Do Not Have One?
| Risk | What It Means |
|---|---|
| Fire service enforcement | The fire and rescue authority may issue informal action, enforcement notices, alterations notices or prohibition notices. |
| Prosecution and fines | Serious breaches can lead to prosecution, unlimited fines and, in serious cases, imprisonment. |
| Unsafe premises | Fire hazards, poor escape routes, inadequate alarms or missing management controls may go unmanaged. |
| Insurance issues | Insurers may request evidence of fire safety management and may challenge claims where duties were ignored. |
| Landlord or managing agent problems | Missing assessments can create issues during audits, lease reviews, property management checks and resident complaints. |
| Delayed transactions or contracts | Fire safety evidence may be requested during sales, refinancing, procurement, tenders or due diligence. |
Can the Fire and Rescue Service Check?
Yes. Fire and rescue authorities can inspect premises and may ask to see the fire risk assessment, action plan, maintenance records, training records and evidence that fire safety arrangements are being managed properly.
See our guide to how the Fire and Rescue Service audits your fire risk assessment.
Need to Put a Fire Risk Assessment in Place?
If your assessment is missing, out of date or unsuitable, Fire Risk Assessment Network can help you arrange a suitable fire risk assessment review.
What If Your Fire Risk Assessment Is Out of Date?
An out-of-date assessment can create similar problems to having no useful assessment at all. If the building layout, use, occupancy, fire precautions or management arrangements have changed, the assessment should be reviewed and updated.
How to Fix the Problem Quickly
- Arrange a competent fire risk assessment or review.
- Gather existing fire safety records and previous reports.
- Act on urgent life safety issues immediately.
- Create an action plan for significant findings.
- Keep evidence of remedial works and management actions.
- Set a review process so the assessment stays current.
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.
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.
Related guides: fire safety enforcement notices, do I need a fire risk assessment?, review frequency and suitable and sufficient fire risk assessments.
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.
Can my premises be closed if I do not have a fire risk assessment?
If there is serious risk to people, a fire and rescue authority may restrict or prohibit use of all or part of the premises.
Is an old fire risk assessment enough?
Only if it remains suitable and sufficient for the current premises. It should be reviewed when there are changes or reason to believe it is no longer valid.
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