The FSO replaced a patchwork of earlier fire safety legislation with a single, risk-based framework. The 'responsible person' — typically the freeholder, managing agent, or (for HMOs) the landlord — must carry out or arrange a suitable and sufficient fire risk assessment of the premises, identify appropriate fire safety measures, implement those measures, review the assessment regularly, and keep records (mandatory where five or more persons are employed or there is a licence in force). The Building Safety Act 2022 and the Fire Safety (England) Regulations 2022 layer additional duties on top of the FSO for higher-risk buildings (18m+ / 7+ storeys).
Who Is the Responsible Person and What Do They Owe?
The FSO Art.3 defines the responsible person as: (a) In relation to a workplace: the employer, or any person who has control of the premises; (b) In relation to any other premises (including common parts of multi-occupied residential buildings): the person who has control of the premises in connection with the carrying on of a trade, business or other undertaking for profit or not for profit (whether or not the premises are used for those purposes), or the owner of the premises if they have no control. For a block of flats: the responsible person for the common parts is typically the freeholder (or their managing agent where management rights are delegated). The responsible person for each individual flat is the flat owner or occupying tenant (but the FSO does not apply to the interior of private dwellings — only to common parts). For an HMO: the landlord or licence holder is the responsible person for the whole HMO. For a mixed-use building with a commercial ground floor: the employer running the commercial premises is the responsible person for their workplace; the freeholder or managing agent is the responsible person for the common parts. Duties of the responsible person: (i) Carry out or arrange a suitable and sufficient fire risk assessment; (ii) Identify general fire precautions required and implement them; (iii) Keep records of the FRA where 5+ persons are employed or a licence is in force; (iv) Nominate a competent person to assist with fire safety measures; (v) Ensure fire safety arrangements are documented and communicated; (vi) Review and revise the FRA regularly (and after any relevant change).
- Freeholder / managing agent: responsible person for common parts of blocks of flats — must carry out fire risk assessment of staircases, corridors, plant rooms, and external walls
- HMO landlord: responsible person for the whole HMO including individual rooms — fire risk assessment, fire detection, means of escape, and fire door compliance
- Individual flat: FSO does not apply to the inside of a private dwelling — but flat entrance doors and external walls are now covered (Fire Safety Act 2021)
- Record-keeping mandatory: where 5+ persons are employed or a premises licence is in force, the fire risk assessment and supporting records must be documented in writing
- Competent person: the responsible person must nominate a competent person (with sufficient training, experience, knowledge) to assist with fire safety — this can be themselves if competent
Fire Risk Assessments — What Must Be Covered
A suitable and sufficient fire risk assessment (FRA) must: (a) Identify the fire hazards (ignition sources, fuel, oxygen); (b) Identify who is at risk (occupants, visitors, residents with disabilities); (c) Evaluate, remove, reduce and protect against the risk; (d) Record, plan, inform, instruct and train; (e) Review. For a block of flats, the FRA must cover: external walls, cladding, insulation and fixings (Fire Safety Act 2021 scope); flat entrance doors in so far as they open onto common parts; all common parts: staircases, lobbies, corridors, plant rooms, bin stores, car parks; fire detection and warning systems in common parts; emergency lighting; escape routes and final exits; firefighter access and facilities (rising mains, fire-fighting shafts, sprinkler heads in common parts). For an HMO, the FRA must additionally cover: the adequacy of fire detection throughout (including each bedroom); the separation between rooms (fire-resisting doors on kitchens, on all rooms in some HMO types); the means of escape from each room; fire extinguisher provision; fire safety information given to tenants. Frequency of review: the FRA must be reviewed when: there is reason to believe the existing assessment is no longer valid; there has been a significant change in the premises (e.g. recladding, structural alterations, change of use); there has been a fire or near-miss; for higher-risk buildings, the Fire Safety (England) Regulations 2022 require annual review.
- Flat entrance doors: responsible persons must assess whether flat entrance doors provide 30 minutes' fire resistance (FD30S) — this is now part of the FSO scope (Fire Safety Act 2021)
- External walls: cladding, insulation and fixings must be included in every FRA for a multi-occupied residential building — Grenfell drove this statutory clarification
- HMO fire detection: every bedroom and every common room in an HMO must have interlinked smoke alarms; heat detectors in kitchens; the FRA must verify the system is adequate
- Review triggers: recladding, structural changes, new occupant mix, fire incidents, and changes in management all trigger a mandatory FRA review
- Qualified assessor: the FRA must be carried out by a 'competent person'; for complex or higher-risk buildings, a qualified fire risk assessor (e.g. IFE member) is recommended
Fire Safety Act 2021 and Building Safety Act 2022 — Enhanced Duties
Two pieces of post-Grenfell legislation significantly extended fire safety duties for residential landlords: (a) Fire Safety Act 2021: confirmed that the FSO applies to the structure and external walls (including cladding, insulation, fixings, and balconies) and the entrance doors to individual flats of multi-occupied residential buildings; before this Act, there had been court decisions (Martlet Homes v Mulalley) and NFCC guidance suggesting the FSO did not clearly apply to these elements; (b) Fire Safety (England) Regulations 2022 (SI 2022/547): for buildings with two or more sets of domestic premises: responsible persons must provide residents with fire safety instructions and information about the building's fire safety measures (quarterly in writing for higher-risk buildings; annually for others); for buildings with 11 or more floors: monthly checks of fire doors in common parts; annual checks of flat entrance doors; installation of wayfinding signage in common parts; for buildings in scope of the Building Safety Act (18m+ / 7+ storeys): a Principal Accountable Person (PAP) must be appointed; a building safety case must be prepared; the building must be registered with the Building Safety Regulator; residents must be consulted on building safety management decisions; (c) Building Safety Act 2022: created the Building Safety Regulator (part of HSE); mandatory registration of all existing higher-risk buildings by October 2023; ongoing duties around the 'golden thread' of building information; residents' engagement strategy.
- Fire Safety Act 2021: external walls and cladding are now unambiguously within the FSO scope — every FRA must address them
- Flat entrance doors: responsible persons must check flat entrance doors in buildings of 11+ storeys annually; monthly checks in common parts for taller buildings
- Resident information: written fire safety instructions must be provided at least annually (quarterly for higher-risk buildings) — document the date and method of provision
- Building Safety Regulator: buildings of 18m+ / 7+ storeys must be registered; a Principal Accountable Person appointed; a building safety case prepared and maintained
- Golden thread: a digital record of all building information (design, construction, safety measures) must be maintained by the PAP for higher-risk buildings
Enforcement, Penalties, and Landlord Practical Checklist
Enforcement of the FSO is the responsibility of the local fire and rescue authority (FRA): (a) Enforcement powers: an inspector can enter premises, examine and test equipment, require production of records, and issue alteration, enforcement, and prohibition notices; (b) Prohibition notices: can prohibit or restrict use of the premises with immediate effect where there is a serious risk of death or injury from fire; (c) Prosecution: failure to comply with the FSO is a criminal offence; unlimited fine on conviction in the Crown Court; up to 2 years' imprisonment for the most serious failures (e.g. failing to comply with a prohibition notice or providing false information); (d) Enforcement trends post-Grenfell: fire and rescue services have significantly increased FRA audits, particularly for purpose-built blocks, converted blocks with external wall systems, and HMOs; responsible persons who cannot produce a written FRA are likely to receive an enforcement notice; (e) Practical checklist for landlords: (i) Identify yourself as the responsible person for your premises and common parts; (ii) Commission or carry out a written FRA; (iii) Implement all actions identified; (iv) Test fire detection and emergency lighting monthly; (v) Inspect and maintain fire doors (hinges, seals, self-closers, signage); (vi) Provide fire safety information to residents; (vii) Keep a log of all checks, maintenance, and inspections; (viii) Review the FRA after any relevant change; (ix) For 11+ storey buildings, check flat entrance doors annually.
- Prohibition notices: a fire and rescue authority can prohibit use of premises with immediate effect where there is a serious risk — this can close an HMO or block a letting overnight
- Unlimited fines: there is no cap on fines for FSO offences in the Crown Court; seriously negligent responsible persons have faced six-figure penalties
- Fire door checks: common part fire doors must be checked for integrity (hinges, seals, self-closers, correct gap, signage) — log every check with date and outcome
- Monthly detector tests: test fire detection and emergency lighting monthly; document results; remediate faults within 24 hours where possible
- Post-Grenfell audits: fire and rescue services now routinely audit multi-occupied residential buildings — a current, written, and implemented FRA is the minimum expected
Frequently asked questions
Does the Fire Safety Order apply to my block of flats?+
Yes — the Regulatory Reform (Fire Safety) Order 2005 applies to the common parts of all multi-occupied residential buildings including blocks of flats. Since the Fire Safety Act 2021, the FSO also explicitly covers the structure and external walls (including cladding, insulation, and balconies) and the entrance doors to individual flats. As the freeholder or managing agent, you are the responsible person for the common parts and must carry out a written fire risk assessment, implement appropriate fire safety measures, and keep records. The interior of individual flats does not fall under the FSO — that is the responsibility of the occupying tenant or flat owner.
As an HMO landlord, am I the responsible person for fire safety?+
Yes — the HMO licence holder or person in control of the HMO is the responsible person under the FSO for the whole property, including individual rooms. You must carry out a written fire risk assessment covering: fire detection (interlinked smoke alarms in every bedroom, heat detectors in kitchens), means of escape (including from each bedroom), fire-resisting doors, fire extinguisher provision, and fire safety information provided to tenants. HMO licensing conditions from your local authority will also specify minimum fire safety standards — the FSO requirements and the HMO licensing conditions overlap and both must be met.
How often must I review my fire risk assessment?+
The FSO requires you to review your fire risk assessment when there is reason to believe it is no longer valid, or after any significant change to the premises. For higher-risk buildings (11+ storeys), the Fire Safety (England) Regulations 2022 require annual review as a minimum. In practice, a responsible person should review the FRA annually for any building with common parts, and immediately following: any fire or near-miss, significant building works, recladding, change in occupancy or use, or a change in the responsible person. Keep a written record of each review with the date and any revisions made.
What happens if I do not have a fire risk assessment?+
Operating a multi-occupied residential building or HMO without a suitable and sufficient fire risk assessment is a criminal offence under Art.32 of the FSO. A fire and rescue authority inspector can issue an enforcement notice requiring you to carry one out within a specified period. Where there is a serious and imminent risk, a prohibition notice can be issued immediately, potentially closing your property to occupation. On prosecution, fines are unlimited (Crown Court) and imprisonment of up to 2 years is available for the most serious failures. The absence of a written FRA is also likely to invalidate your landlord insurance and undermine any defence in civil proceedings following a fire.