Fire safety laws

Which fire safety laws apply?

• England & Wales: The Regulatory Reform (Fire Safety) Order 2005.
• Scotland: Part 3 of the Fire (Scotland) Act 2005, supported by the Fire Safety (Scotland) Regulations 2006.
• Northern Ireland: The Fire Safety Regulations (Northern Ireland) 2010 and Part 3 of the Fire and Rescue Services (Northern Ireland) Order 2006.

These laws make employers and building owners responsible for ensuring fire safety in their premises.

Does fire safety law apply to me?

Under fire safety law, certain people, known as responsible persons, must make sure that fire risks are properly managed and that people in the building are kept safe.

Anyone who has control of the premises, or has some level of control over certain areas or systems, may be considered a responsible person under fire safety law. This includes:

• The employer, for those parts of the workplace premises used by staff
• The managing agent or owner for shared parts of the premises or shared fire safety equipment such as fire-warning systems or sprinklers
• The occupier, such as self-employed people or voluntary organisations if they have any control
• Any other person who has some control over a part of the premises

Although in many premises the responsible person will be obvious, there may be times when a number of people have some responsibility.

Premises covered by fire safety law

The laws relating to fire risk assessments apply to virtually all premises, including:

• Offices and shops
• Premises that provide care, including care homes and hospitals
• Community halls, places of worship and other community premises
• Shared areas of properties that several households live in (housing laws may also apply)
• Pubs, clubs and restaurants
• Schools and sports centres
• Tents and marquees
• Hotels, bed and breakfasts, and hostels
• Factories and warehouses

The law doesn't apply to private residences (unless they require a licence under the House in Multiple Occupancy mandatory licence scheme).

There are other exceptions, but these are less common. If your premises isn't identified above, you should get legal advice.

Who enforces fire safety law?

Fire safety law is enforced by the local Fire and Rescue Authority.

They carry out inspections, give advice, and can take action if rules are not followed, including issuing fines, prohibition notices, or even prosecuting offenders.