The Regulatory Reform (Fire Safety) Order 2005 requires the responsible person of non-domestic premises to carry out a 'suitable and sufficient' fire risk assessment. For landlords, this applies to HMOs (the whole property), the common parts of blocks of flats (entrance hall, corridors, stairwells), and any other multi-occupancy premises with shared areas.
Criminal offence
Failure to carry out an FRA, or carrying out an inadequate FRA, is a criminal offence under the RRO 2005. Penalties: unlimited fine on Crown Court conviction, up to two years' imprisonment. Fire authorities can also serve Prohibition Notices immediately closing the premises.
When an FRA is required
- All HMOs (entire property, all rooms and communal areas)
- Common parts of any block of flats (corridors, stairwells, plant rooms, roof voids, entrance lobby)
- Shared-access buildings even if below HMO threshold
- Self-contained houses let to a single family: domestic premises, RRO 2005 does not apply, but smoke alarm regulations still apply
What the FRA must cover
- Identification of fire hazards: ignition sources, fuel sources, oxygen sources
- Identification of people at risk and their vulnerabilities
- Evaluation of existing controls and adequacy of escape routes, fire doors, emergency lighting, alarm systems
- Written action plan with timescales
- For blocks over 11m (Fire Safety (England) Regulations 2022): monthly lift checks, quarterly fire door checks also required
Who can carry out the FRA
- Self-assessment: for simple, low-risk premises, a responsible person with relevant knowledge and training may carry out their own FRA using a structured assessment tool. For simple single-storey HMOs with straightforward layouts, self-assessment by a trained landlord may be adequate
- Competent assessor: for larger, more complex HMOs, multi-storey premises, or buildings with vulnerable occupants, instruct a third-party assessor, a member of a professional body such as the IFSM, FIA, or IFE. BAFE SP205 third-party accreditation is the preferred standard
- The responsible person remains liable even if a third-party assessor is used, if the assessor misses a critical hazard due to poor briefing, the responsible person is still the duty holder
- For blocks of flats with external cladding, the FRA must specifically assess the external wall system and flat entrance doors, many standard FRA firms lack cladding competence and a specialist is required
- Typical cost: £200-£400 for a simple 3-bedroom HMO, £600-£1,200 for a large complex HMO or a block of flats
Enforcement and penalties
- Fire and Rescue Authorities are the primary enforcement body and can enter and inspect premises at any reasonable time without prior notice
- Enforcement notice: requires the responsible person to remedy deficiencies within a specified period
- Prohibition notice: immediate prohibition on the use of all or part of the premises if there is a serious and imminent risk to life
- Criminal prosecution: failure to carry out an FRA, failure to implement required precautions, or obstruction of a fire inspector. On Crown Court conviction the fine is unlimited and a custodial sentence of up to two years may be imposed
- Civil liability: if a tenant or visitor suffers injury or death in a fire and the FRA was absent or inadequate, the landlord faces unlimited civil liability