Commercial Landlord Responsibilities For Fire Safety In The UK

Fire safety isn’t just a box-ticking exercise - it’s a legal duty that sits squarely on the shoulders of whoever is responsible for a commercial premises day-to-day.

If you’re a small business that owns, lets or occupies commercial space, understanding who does what under UK fire safety law is essential. It affects how you negotiate your lease, what systems you must install and maintain, what records you keep, and how you protect people and your business from serious risk (and significant penalties).

In this guide, we’ll break down the key fire safety responsibilities for commercial landlords and tenants in the UK, how those duties are allocated in practice, and the steps you can take now to stay compliant and protected from day one.

Who Is Legally Responsible For Fire Safety In A Commercial Premises?

The starting point in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (the FSO). It places duties on the “responsible person” for non-domestic premises. In simple terms, the responsible person is usually:

• The employer, if the workplace is under their control; and/or
• The person who has control of the premises (as occupier or manager) - which can be the landlord, tenant or a managing agent depending on the setup.

For multi-occupied buildings, more than one party may be a responsible person (for example, a landlord for common parts and individual tenants for their demised units). In those cases, parties must cooperate and coordinate fire safety measures.

Recent changes - including the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 - clarify that the FSO applies to the structure, external walls (including cladding and balconies) and flat entrance doors in multi-occupied residential buildings. For purely commercial premises, the core FSO duties still apply, but the practical split of responsibilities comes down to who controls each area and what your lease says.

The key point: the law looks at control, not just ownership. Even if you’re a landlord, if you don’t control day-to-day operations inside a tenant’s unit, your fire safety duties will likely focus on the parts you do control (common areas, plant rooms, external fabric, fire systems serving the building, etc.).

What Are The Core Fire Safety Duties Under UK Law?

All responsible persons must take general fire precautions so far as reasonably practicable. In practice, that means you (as landlord, tenant, or both) must ensure the following are in place for the areas you control:

Fire Risk Assessment

• Complete a “suitable and sufficient” fire risk assessment covering people at risk, fire hazards, and existing controls.
• Keep it up to date - review when anything changes (fit-outs, new processes, different occupiers, layout changes) or periodically as good practice.
• Record the significant findings and actions. If you have five or more employees, you must keep written records.

Fire Safety Measures And Maintenance

• Provide and maintain appropriate fire detection and alarm systems, emergency lighting, fire doors, signage, extinguishers, and other firefighting equipment.
• Ensure escape routes and exits are kept clear, unlocked and available at all times while the building is occupied.
• Implement measures to reduce the risk of fire spread (compartmentation, protected routes, properly maintained fire doors).
• Plan for evacuation and provide sufficient training and drills.
• Maintain all systems “in an efficient state, in efficient working order and in good repair,” with records of inspections, tests and remedial works.

Information, Instruction And Cooperation

• Provide fire safety information and instructions to employees and other relevant persons (e.g. contractors, visitors).
• Display fire action notices and ensure clear signage of escape routes and equipment.
• Cooperate and coordinate with other responsible persons - for example, the building landlord and other tenants in a shared building.

Fire authorities can audit your premises and enforce compliance. Breaches can lead to enforcement notices, prohibition notices, unlimited fines, and even imprisonment for the most serious offences.

Landlord Vs Tenant: How Are Fire Safety Duties Split?

In commercial property, the practical split almost always follows control and what the lease says. That’s why well-drafted lease terms matter - they clarify who is responsible for what, and reduce disputes if something goes wrong.

Typical Landlord Responsibilities

• Common parts and shared systems: alarms, sprinklers, emergency lighting, smoke control systems, and firefighting equipment that serve common areas.
• Structural elements and fire strategy features: compartmentation, fire doors in common areas, cladding-related remediation (where applicable).
• Testing and maintenance for any landlord-controlled systems, with access to tenant units if needed to maintain or test.
• Coordination across occupiers: ensuring there is a building-wide fire strategy and sharing relevant fire safety information with tenants.

Typical Tenant Responsibilities

• Unit-specific fire safety: portable extinguishers, signage, internal emergency lighting where part of the tenant fit-out, and keeping escape routes in their control clear.
• Housekeeping and operations: safe storage of combustibles, hot works permits for contractors, equipment maintenance, and staff training.
• Fit-out works: ensuring alterations maintain the fire strategy (e.g. not compromising compartmentation) with required consents.
• Running evacuation drills for their staff and appointing fire wardens.

Because the allocation depends on the lease, getting the terms right up front is critical. It’s well worth having a Commercial Lease Review so the obligations around fire safety systems, access for inspections, service charge recovery and compliance with the FSO are clearly allocated.

If you’re occupying without a formal document, your duties still apply, but you may lack clarity about who handles building systems or evacuation coordination. In that scenario, it’s sensible to review your position on commercial tenants without a lease and move to put a proper agreement in place.

Fire Safety And Your Lease: Clauses To Get Right

Leases should align legal duties with practical control. Here are key areas to look for when negotiating or reviewing your lease.

Compliance With Laws And Access

• A clear covenant to comply with the FSO and related fire safety regulations for areas under each party’s control.
• Landlord rights of access for inspection, testing and maintenance of shared systems (with reasonable notice and emergency access rights).
• Tenant obligations to permit access for testing and not to obstruct or interfere with fire safety equipment.

Alterations, Fit-Outs And Sign-Off

• Consent procedures for fit-out works, with clear design standards and the landlord’s right to require fire safety certification and “as-built” drawings.
• Obligation to reinstate or remedy any works that compromise the fire strategy (e.g. penetrations through fire-resisting walls that aren’t properly sealed).

Testing, Service Charges And Record Keeping

• Responsibility for testing, inspection and maintenance - who does what and how costs are recovered via service charge.
• Minimum testing frequencies and competent persons requirements.
• Record keeping duties and information-sharing between landlord and tenant.

Use And Prohibited Activities

• Permitted use restrictions (e.g. hot works, storage of flammables) and any special controls for higher-risk uses like kitchens, manufacturing, or workshops.
• Clear rules around contractors and method statements when carrying out works that could introduce fire risk.

If you’re taking or granting a hospitality site with extraction and open flames, the fire safety implications and insurance requirements are often more complex - it helps to review a sector-specific perspective such as a Cafe Or Restaurant Lease early in negotiations.

Transferring a lease to a new occupier? Make sure fire safety obligations and records hand over cleanly, including compliance certificates and maintenance logs. Allocation should be addressed as part of any Assigning a Lease process so you aren’t left on the hook for historic breaches.

Practical Compliance: A Step-By-Step Fire Safety Checklist

Here’s a practical approach for small landlords and tenants to get fire safety right from day one.

1) Confirm Who Is The Responsible Person

• Map the areas you control versus your landlord/tenant’s control (including common parts).
• Identify any other responsible persons (e.g. managing agents, other occupiers) and how you’ll coordinate.

2) Commission A Suitable And Sufficient Fire Risk Assessment

• Engage a competent assessor appropriate to your building type and use.
• Make sure the assessment covers people at risk (including disabled persons), ignition sources, fuel sources, evacuation plans, signage, systems, and maintenance schedules.
• Implement the action plan and set review dates (e.g., annually or when material changes occur).

3) Put The Right Systems And Controls In Place

• Install or upgrade alarms, detectors, emergency lighting, smoke control, fire doors and extinguishers as required by the assessment.
• Ensure compartmentation is intact - seal penetrations and maintain fire-stopping.
• Establish housekeeping standards: keep escape routes clear, manage waste, control storage of combustibles.

4) Define Roles, Train Staff And Run Drills

• Assign fire wardens and brief staff on evacuation procedures, assembly points and equipment use.
• Run periodic drills and record attendance and any improvements identified.
• Include fire procedures in your Staff Handbook and ensure they align with your broader Health And Safety In The Workplace duties.

5) Maintain, Test And Keep Records

• Set a formal testing schedule for alarms, emergency lighting, sprinklers, extinguishers, and smoke control systems, using competent persons.
• Keep logs of weekly bells tests, monthly emergency lighting tests, annual servicing, and remedial works.
• Hold copies of certificates and manuals; ensure they’re available for fire authority inspections.

6) Coordinate In Multi-Occupied Buildings

• Share your risk assessment findings with the landlord and other occupiers where relevant to common safety.
• Agree building-wide evacuation plans and clarify who does roll calls and who speaks to the fire service.
• Document arrangements in building rules or a simple memorandum so responsibilities are clear and enduring.

7) Review When Things Change

• Reassess when you alter the layout, change stock or processes, or bring in new equipment that affects fire risk.
• Get landlord consent and update your risk assessment when planning alterations that could affect compartmentation or fire detection.

Fire Safety Documents And Policies: What Should Your Business Have?

While the law doesn’t prescribe a single “fire safety policy” document, in practice you should maintain a simple, clear set of documents that align with your risk assessment and your lease obligations.

• Fire safety policy or plan that explains your evacuation strategy, roles, maintenance regime and training schedule.
• Fire risk assessment record, action plan and review log.
• Maintenance certificates and asset register for alarms, extinguishers, emergency lighting and fire doors.
• Contractor permits (especially hot works), method statements and sign-off records for works that could impact fire safety.
• Inductions and training records for staff and contractors, captured in your broader Workplace Policy framework and staff communications.

If you’re a landlord, it’s good practice to standardise your information pack for new tenants - include the building’s fire strategy summary, system drawings, and testing schedules so the tenant can align their internal procedures.

Common Pitfalls (And How To Avoid Them)

Even well-meaning businesses can slip up. Here are frequent issues we see and how to fix them.

• No documented risk assessment: verbal checks aren’t enough. Commission and document a proper assessment, then actually implement the actions.
• Unclear allocation of duties: your lease is vague about who maintains what. Address this at heads of terms or during drafting, and consider a side letter to clarify operational arrangements if needed. A detailed Commercial Lease Review helps avoid gaps.
• Compromised fire doors and compartmentation: seemingly minor alterations (new cabling, partition walls, unlatched doors) can defeat your fire strategy. Build in routine checks, especially after works.
• Missed testing: alarms not tested weekly, extinguishers not serviced annually. Put tests in your calendar, assign responsibility, and keep a simple logbook.
• Lack of cooperation in multi-lets: tenants and landlords operate in silos. Schedule periodic coordination meetings and share relevant parts of your risk assessments.
• Failing to update after changes: new equipment, different stock, or layout tweaks can alter risk. Treat change as a trigger to review and re-brief staff.

How Fire Safety Interacts With Other Legal Duties

Fire safety doesn’t exist in a vacuum - it connects with other areas of compliance that small businesses must consider.

• Health and Safety at Work etc. Act 1974 and related regulations require employers to protect employees and others - fire is one of those risks. Integrate your fire safety plan into your broader Health And Safety In The Workplace system and training.
• Insurance conditions often require evidence of maintenance and compliance. Keep certificates and logs current to avoid cover disputes.
• Lease covenants on use, alterations and compliance with law tie directly to your fire safety procedures. For sector-specific premises, such as hospitality, check the extra obligations typically found in a Cafe Or Restaurant Lease.
• Changes in occupation or assignment of the lease should trigger a formal handover of fire safety documents and responsibilities - address this in any Assigning a Lease process so the new party can comply from day one.
• Internal policies and training should be consistent - capture fire procedures and responsibilities in your Staff Handbook and ensure your Workplace Policy suite reflects how you manage risks on site.

If this feels like a lot to juggle, don’t stress - once you set up the right documents and routines, ongoing compliance becomes a manageable rhythm for your team.

Key Takeaways

• Under the Fire Safety Order, the “responsible person” is the employer and/or controller of the premises - in commercial settings, this can be the landlord, the tenant, or both, depending on who controls each area.
• Core duties include a suitable and sufficient fire risk assessment, appropriate fire safety measures, ongoing maintenance and testing, clear evacuation procedures, staff training, and robust record keeping.
• In multi-occupied buildings, landlords typically handle common parts and shared systems, while tenants handle unit-specific controls and operations - but your lease should spell this out clearly.
• Get the right lease clauses for compliance, access, fit-outs, testing and cost recovery. Clarify responsibilities and keep fire safety information flowing between parties.
• Put practical systems in place: a competent risk assessment, scheduled tests, trained fire wardens, documented procedures, and routine reviews after change.
• Integrate fire safety with broader health and safety and insurance requirements, and ensure policies (and staff handbooks) reflect how you actually manage risks on site.

If you’d like tailored help allocating fire safety responsibilities in your lease, setting up the right documents, or sense-checking your compliance, our team can help. You can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.