Who Is the Responsible Person?
The FSO Art.3 defines the responsible person as the person in control of the premises — for common parts of blocks of flats, the freeholder or managing agent; for HMOs, the licence holder. Duties include: fire risk assessment; general fire precautions; nominating a competent person; maintaining records (mandatory where 5+ persons employed or a licence is in force).
Fire Risk Assessment Requirements
A suitable and sufficient FRA must cover: external walls, cladding and fixings (Fire Safety Act 2021 scope); flat entrance doors opening onto common parts; all common parts; fire detection and emergency lighting; escape routes; firefighter access. Review triggers: relevant change to premises, fire incident, change of use, or annually for 11+ storey buildings (Fire Safety (England) Regulations 2022).
Fire Safety Act 2021 and Building Safety Act 2022
The Fire Safety Act 2021 confirmed that external walls, cladding, insulation, balconies, and flat entrance doors are within the FSO scope. The Fire Safety (England) Regulations 2022 require: written resident fire safety information (quarterly for higher-risk buildings); monthly fire door checks in common parts (11+ storeys); annual flat entrance door checks. BSA 2022: buildings of 18m+ / 7+ storeys must be registered with the Building Safety Regulator; Principal Accountable Person appointed; building safety case prepared.
Enforcement and Penalties
Enforcement: local fire and rescue authority. Powers include entry, inspection, alteration/enforcement/prohibition notices. Prohibition notices can close premises immediately. Prosecution: unlimited fine (Crown Court); up to 2 years' imprisonment for serious failures. Key landlord checklist: written FRA; implement all actions; monthly detector tests; fire door inspections; resident information; review log.