Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you run your business from commercial premises, fire safety isn’t just a “building problem” - it’s a business risk.
A fire can shut your operations down overnight, put your staff and customers in danger, and create expensive disputes about who should’ve done what (and when). And while landlords often handle parts of the building’s fire safety, the reality is that responsibility is usually shared between the landlord, tenant, and sometimes a managing agent.
This is where many small businesses get caught out. You sign the lease, move in, fit out the space, start trading - and only later discover that your lease makes you responsible for certain fire safety steps (or costs), even if you assumed the landlord had it covered.
In this guide, we’ll break down what businesses need to know about commercial landlord fire safety responsibilities in the UK, how the law usually allocates duties, and what you can do to protect your business from day one.
Why Fire Safety Responsibilities Matter For Commercial Tenants
As a tenant, you might think: “It’s the landlord’s building, so fire safety is the landlord’s job.”
In practice, it’s rarely that simple.
Fire safety obligations can come from:
- UK fire safety law (which often focuses on who controls the premises),
- your lease (which can shift day-to-day responsibilities and costs), and
- how the building is actually used (for example, if your business fit-out creates new risks).
From a business perspective, getting clear on responsibilities matters because:
- Enforcement action can be taken against the “wrong” party if duties are unclear or ignored.
- Insurance cover can be affected if fire safety obligations aren’t met.
- Lease disputes can arise when landlords recharge costs (e.g. alarm maintenance, emergency lighting, or fire door upgrades).
- Operational disruptions can happen if fire safety issues lead to restrictions or closure.
So, while it’s helpful to start by looking at a landlord’s fire safety responsibilities, the smarter question for most small businesses is:
“Which fire safety responsibilities are the landlord’s, which are mine, and what does my lease say?”
What UK Fire Safety Law Requires (In Plain English)
The key piece of legislation for most commercial premises in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (often called the “Fire Safety Order”). Scotland and Northern Ireland have different regimes, so if your premises aren’t in England or Wales, you’ll want location-specific advice.
Under the Fire Safety Order, duties generally sit with the “Responsible Person”.
Who Is The “Responsible Person”?
The “Responsible Person” is usually:
- the employer (if the premises are a workplace), and/or
- the person who has control of the premises in connection with a trade, business, or other undertaking.
That means a landlord can be the Responsible Person for common parts (like shared corridors, stairwells, reception areas), while a tenant can be the Responsible Person for their demised unit (their shop, office, studio, warehouse unit, etc.).
What Does The Responsible Person Have To Do?
The law focuses on practical risk management. In broad terms, the Responsible Person must take general fire precautions so people are safe.
This typically includes:
- Completing and keeping up to date a fire risk assessment. In England, you must record your fire risk assessment (and the key findings) regardless of business size, and you should also record your fire safety arrangements.
- Reducing fire risk (for example, safe storage of flammables, controlling ignition sources).
- Ensuring safe escape routes (clear, usable, with appropriate signage and lighting).
- Maintaining fire safety measures (alarms, emergency lighting, fire doors, extinguishers, suppression systems if installed).
- Providing staff training and clear procedures.
For many small businesses, this overlaps with wider workplace compliance. If you employ staff, it’s worth having your broader approach documented so safety responsibilities (including fire safety practices) are clear internally.
What About The Building Itself?
Fire safety law isn’t only about what you do day-to-day - it also interacts with building standards and ongoing maintenance.
Depending on the type of building and how it’s used, obligations may touch on:
- fire doors and compartmentation,
- alarm systems, emergency lighting, and signage,
- sprinklers or suppression systems (where installed),
- fire stopping and safe building fabric, and
- management of high-risk external wall systems (in some contexts).
In England, some additional duties can also apply to certain residential buildings under the Fire Safety (England) Regulations 2022 (for example, specific requirements around fire doors and information sharing in higher-risk settings). If your commercial unit is within a mixed-use building, or your landlord is managing a building with residential parts, those extra obligations can affect building-wide arrangements and the information you’re given.
This is a key reason why it’s not enough to “assume the landlord handles fire safety.” Some parts relate to the building, and some relate to your use of it - and the dividing line isn’t always obvious without checking the lease and the building arrangements.
Commercial Landlord Fire Safety Responsibilities In The UK: What Landlords Usually Cover
When small businesses try to understand commercial landlord fire safety responsibilities in the UK, they’re usually trying to work out what the landlord should be doing as the building owner.
While each property setup is different, a commercial landlord commonly has responsibility for fire safety measures relating to:
1) Common Parts And Shared Areas
If your premises are in a multi-let building (multiple tenants), landlords often control and therefore take responsibility for common areas such as:
- shared corridors and staircases,
- lobbies and receptions,
- shared kitchenettes or toilets (if applicable),
- plant rooms, risers, and utility areas, and
- external escape routes serving multiple tenants.
Fire risk assessments for common parts, maintenance of lighting/signage in those areas, and managing evacuation arrangements for shared spaces are often landlord responsibilities (but can be outsourced to a managing agent).
2) Base Building Systems (Sometimes)
Landlords may also manage base building systems such as:
- a central fire alarm system covering the building,
- smoke control systems, and
- some fixed firefighting installations (depending on the building).
However, even where the landlord arranges this, the lease may allow them to recover costs from tenants through a service charge.
3) Structural Repair And Building Fabric
Many leases keep the structure and exterior as the landlord’s responsibility. In older buildings, issues like damaged fire doors, compromised compartmentation, or building alterations over time can create fire safety risks.
But again: being “responsible” doesn’t always mean “pays.” Leases frequently allow landlords to pass on costs to tenants, especially in multi-let properties.
4) Setting Building Rules And Access Controls
Landlords may put building-wide rules in place to manage safety - for example, controlling storage in communal corridors, restricting hazardous activities, or requiring tenants to coordinate fit-outs.
These are usually enforced through the lease and any building handbook/regulations.
Where Tenants Often Have Fire Safety Duties (Even If You Didn’t Expect It)
Even if the landlord has meaningful fire safety obligations, most tenants have their own too - and these can be significant.
Common tenant responsibilities include:
1) Fire Risk Assessment For Your Unit
If you control your unit (for example, your own shop floor, office suite, or workshop), you may be expected to carry out a fire risk assessment for your area and implement the necessary precautions.
This is especially important if:
- you have staff on-site,
- customers visit the premises,
- you store stock, packaging, or flammable materials, or
- your operations create ignition sources (cooking, heat processes, machinery, charging stations, etc.).
2) Day-To-Day Fire Precautions And Housekeeping
Tenants are typically responsible for operational controls, like:
- keeping exit routes clear within the unit,
- safe storage of materials and waste removal routines,
- ensuring staff know procedures (including evacuation plans), and
- making sure any portable equipment you provide (like extinguishers) is serviced.
3) Fit-Outs, Alterations, And Change Of Use
If you do a fit-out (even a “small” one), you can accidentally introduce new fire risks - for example, blocking escape routes, installing unsuitable partitions, or interfering with fire detection coverage.
Most leases require landlord consent for alterations. That’s not just the landlord being difficult - it’s often about risk control and ensuring building safety obligations stay intact.
If your business is moving into premises under a simpler arrangement (like a serviced office licence or short-term occupation), it may be governed by something other than a full lease. In those cases, it’s worth understanding the allocation of obligations in Licence to Occupy Agreements, because the legal structure can affect what you control and what you’re expected to maintain.
4) Cooperation With The Landlord / Other Dutyholders
Where more than one party has duties (which is common), the Fire Safety Order expects cooperation and coordination.
Practically, that might look like:
- sharing relevant parts of fire risk assessments,
- notifying each other about hazards or near misses,
- coordinating building works, and
- following building-wide evacuation arrangements.
If you’re unsure whether a request from the landlord is reasonable (or whether they’re trying to shift more responsibility onto you than they should), getting the agreement reviewed early can save serious headaches later - this is exactly what a Commercial Lease Review is designed to pick up.
What Your Commercial Lease Should Say About Fire Safety (And What To Watch For)
Your lease is often where the “real-world” allocation of obligations is spelled out - including who maintains which systems and who pays.
This is where small businesses can accidentally take on more risk than they realised.
Key Lease Clauses That Commonly Affect Fire Safety
When checking your lease (or negotiating a new one), look for clauses dealing with:
- Repairs and maintenance: Is your unit fully repairing? Are you responsible for internal parts only, or also doors, wiring, alarms, ductwork, etc.?
- Compliance with laws: Many leases require the tenant to comply with all relevant laws “affecting the premises” - which can be broad enough to catch fire safety measures linked to your occupation.
- Service charge: What building safety costs can the landlord recharge? Are “improvements” included, or only repairs/maintenance?
- Alterations and fit-outs: Do you need landlord approval? Do you need to provide method statements, sign-offs, or compliance documents?
- Insurance and reinstatement: What insurance does the landlord hold, what insurance must you hold, and who has reinstatement obligations following damage?
- Access rights: Can the landlord enter to inspect, test alarms, or complete works?
A Common Pain Point: Paying For Works You Didn’t Cause
One of the most common disputes isn’t “who’s responsible?” - it’s “who pays?”
For example, a landlord might arrange upgrades to building-wide systems following an updated risk assessment, then seek to recover the cost through service charge. Tenants may feel that’s unfair, especially if the upgrades look like improvements rather than repairs.
This is why getting clarity upfront matters. A proper contract review can help you understand the risk you’re taking on before you commit - including whether it’s worth negotiating limits or clearer definitions. If you’re signing any wider documents alongside the lease (like side letters, deeds of variation, or licences for alterations), a Contract Review can also be useful so the documents don’t contradict each other in a way that leaves you exposed.
Make Sure The Lease Matches The Reality Of The Building
Here’s a simple example we often see:
Imagine you lease a ground-floor unit in a multi-let building. You assume the landlord maintains the alarm. But your unit has its own alarm panel inside, and the lease says you must test and maintain “all installations exclusively serving the premises.”
If you don’t pick that up early, you may miss servicing requirements, which can become a compliance issue (and potentially an insurance issue) later.
This is exactly why it’s worth having your paperwork checked before you move in or start renovations - especially if you’re investing heavily in the premises.
A Practical Fire Safety Checklist For Small Businesses Leasing Commercial Premises
Fire safety compliance can feel overwhelming, especially when you’re busy running a business.
The goal isn’t to become a fire safety expert overnight - it’s to get clear on responsibilities, document what you’re doing, and avoid preventable risks.
Before You Sign (Or As Soon As Possible)
- Ask who the “Responsible Person” is for common parts and for your unit (and whether a managing agent is involved).
- Request relevant fire safety information (for example, the building fire risk assessment for common parts, and any guidance that affects your unit).
- Check what the service charge can include for fire safety works, upgrades, and compliance costs.
- Clarify maintenance responsibilities for alarms, emergency lighting, fire doors, signage, and extinguishers (building-wide vs your unit).
- Get the lease reviewed so you know exactly what you’re taking on - a Commercial Lease Review is particularly useful if you operate a customer-facing premises like a shop, café, salon, or gym.
When You Move In Or Fit Out
- Carry out a fire risk assessment for your unit (appropriate to your size and risk level) and keep a written record of it.
- Make sure exits and routes are workable (and stay that way as you add furniture, stock, or equipment).
- Confirm your fit-out doesn’t interfere with building fire safety measures (like detectors, alarms, or fire doors).
- Keep evidence of servicing, inspections, and any landlord communications - this can help if there’s later a dispute or an enforcement query.
Ongoing: The “Business As Usual” Controls
- Train staff on evacuation, assembly points, and what to do if the alarm activates.
- Maintain equipment you’re responsible for (e.g. extinguishers, internal alarm components, emergency lighting within your space).
- Review your fire risk assessment when you change layouts, increase staff numbers, introduce new processes, or store different materials.
- Keep workplace safety documentation tidy - many businesses roll this into broader health and safety compliance, including what’s covered under Health and Safety in the Workplace.
If your premises, team size, or work activities change quickly (which is common in growing businesses), it’s a good idea to revisit your obligations regularly. Small changes - like adding a storeroom, bringing in more electrical equipment, or changing how you manage waste - can have fire safety implications.
Key Takeaways
- Looking up commercial landlord fire safety responsibilities in the UK is a great starting point, but in practice fire safety responsibilities are often shared between landlord, tenant, and sometimes a managing agent.
- In England and Wales, the Regulatory Reform (Fire Safety) Order 2005 places duties on the “Responsible Person”, which is usually the party in control of the relevant area.
- Landlords commonly manage common parts and certain building-wide systems, but leases often allow them to recover fire safety costs via service charge.
- Tenants often have significant obligations for their unit, including keeping a written fire risk assessment, safe escape routes, staff training, and safe fit-outs.
- Your commercial lease is crucial - it may shift responsibilities and costs in ways that aren’t obvious unless you review it carefully.
- Getting clarity early helps protect your business, reduces operational disruption, and can prevent expensive disputes later.
If you’d like help reviewing your commercial lease or clarifying fire safety responsibilities in your premises, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


