Who Is Legally Responsible For Fire Safety In The UK?

If you run a shop, cafe, studio, office or warehouse, fire safety isn’t just good practice - it’s a legal obligation. And the big question most small business owners ask is simple: who is legally responsible for fire safety?

In UK law, someone must be the “responsible person” for your premises. If that’s you, there are clear duties you have to meet, from carrying out a fire risk assessment to training your team and keeping records.

In this guide, we’ll break down exactly who’s responsible in different scenarios (including leases and shared spaces), what the law requires, and the practical steps to stay compliant - so you’re protected from day one.

What Does UK Law Require For Fire Safety?

Fire safety for most non-domestic premises in England and Wales is governed by the Regulatory Reform (Fire Safety) Order 2005 (often called the Fire Safety Order or FSO). The FSO is goal-based - it doesn’t prescribe one way to comply, but it requires you to assess risks and take proportionate measures to keep people safe.

Several newer laws update and reinforce those duties:

• Fire Safety Act 2021 - clarifies that for buildings with two or more domestic premises (e.g. mixed-use or multi-occupied buildings), the structure, external walls and flat entrance doors are covered by the FSO.
• Fire Safety (England) Regulations 2022 - introduce additional duties for higher-risk and multi-occupied residential buildings in England (for example, providing safety information to residents and undertaking monthly checks of fire doors in some cases).
• Building Safety Act 2022 - creates a wider regime for higher-risk buildings, with “accountable persons” and safety case requirements. If you operate within a higher-risk building, you’ll need to factor this in alongside your fire safety obligations.

Scotland and Northern Ireland have their own fire safety regimes with similar goals. If your business operates across borders, take advice to ensure your procedures meet each nation’s requirements.

Bottom line: if you control a non-domestic premises (or part of one) used for work or by the public, UK law expects you to proactively manage fire risks, keep people safe, and document what you’re doing.

Who Is The “Responsible Person” For Your Premises?

The FSO places duties on the “responsible person” - the individual or organisation in control of the premises. In practice, that’s often you as the business owner. But in leased or shared spaces, it can be split or shared.

Common Scenarios

• Owner-occupied premises - If you own and occupy your shop, office or unit, you’re the responsible person.
• Leased premises - The tenant is usually the responsible person for the areas they occupy and control. The landlord (or managing agent) often retains duties for common parts (entrances, corridors, stairwells, plant rooms). Your lease should clarify these boundaries.
• Shared buildings or co-working - You may be a responsible person for your demised area alongside other responsible persons. You must cooperate and coordinate your arrangements with them.
• Multi-occupied residential/commercial buildings - Landlords or managing agents typically take responsibility for the structure, external walls, common parts and fire doors serving flats or units, while each business responsible person manages their own space and activities.
• Temporary events/pop-ups - The event organiser is typically the responsible person for the event footprint, and stallholders or vendors may have duties for their set-up and equipment.

Can You Appoint Someone To Help?

Yes. A responsible person can appoint one or more “competent persons” to assist with fire safety (for example, a qualified fire risk assessor or a facilities manager). However, you can’t contract out of the legal responsibility itself - if you’re the responsible person, you remain accountable for compliance.

How Does This Work With Your Team?

Employers have additional duties under the FSO to their employees. If you employ staff, make sure fire safety roles are clear in your Staff Handbook, and build responsibilities (like fire marshal duties) into the relevant Employment Contract as appropriate. Day to day, you must consult your employees on fire safety arrangements, provide information and training, and involve safety representatives where applicable.

What Are The Core Duties You Must Meet?

If you’re the responsible person, the FSO requires you to take general fire precautions so that employees and relevant persons (visitors, contractors, customers, residents in the same building, etc.) are safe. In practice, that means doing the following and keeping it under review:

1) Carry Out And Keep A Fire Risk Assessment

Your fire risk assessment is the foundation of your fire safety compliance. It identifies hazards, people at risk, and the measures you’ll put in place. If you have five or more employees, you must record the significant findings; even below that threshold, written records are best practice - and often requested by insurers and enforcement officers.

Use a competent person. If you lack in-house expertise, appoint a qualified fire risk assessor and keep the assessment proportionate to your risks (a small café has different risks to a warehouse). Set a review cycle (e.g., annually, or sooner after a change or incident).

2) Provide Fire Safety Measures And Maintenance

Based on your risk assessment, put appropriate fire safety measures in place, such as:

• Fire detection and alarm systems, emergency lighting, and fire-fighting equipment (e.g., extinguishers suitable for the risks present).
• Clear escape routes, emergency signage and kept-unobstructed exits.
• Fire-resisting doors and compartmentation maintained in good order.
• Safe storage of combustibles and control of ignition sources (particularly in kitchens, workshops or where flammable substances are used).

Ensure all systems are regularly serviced and tested by competent contractors, and that test logs and certificates are kept in an organised way.

3) Prepare An Emergency Plan And Train Your Team

Write a simple, site-specific emergency plan: how to raise the alarm, evacuate, assist visitors or vulnerable people, and liaise with the fire and rescue service. Run drills at sensible intervals and log them. Appoint trained fire marshals for your shifts and locations, and ensure new starters receive induction training.

If you’re investing in specialist training (for example, external fire marshal courses), some employers use a clause covering repayment of training costs if staff leave shortly after training - get tailored advice before you rely on such terms.

4) Provide Information, Instruction And Signage

Make sure employees and other relevant persons know what to do. Display fire action notices, provide clear route plans where helpful, label extinguishers and ensure signage is visible in low light conditions. Contractors and temporary workers should receive relevant information before they start.

5) Cooperate In Multi-Occupied Buildings

If your premises share common parts or services, you must cooperate and coordinate with other responsible persons. That usually means sharing information, aligning procedures (e.g., evacuation strategy), and agreeing who maintains which equipment in common areas. Formalise the arrangements in writing so expectations are clear.

6) Keep Records

Keep your risk assessment, maintenance logs, training records, drill logs, policies, and contractor certificates in one place. In an inspection - or after an incident - clear records save time and demonstrate your diligence. Good documentation also supports internal workplace investigations if you ever need to review what happened and why.

How Do Fire Safety Duties Work In Leased Or Shared Premises?

Most small businesses operate under a lease or licence in a shared building. In these settings, responsibilities are split and everyone needs to do their bit.

Read Your Lease Carefully

Your lease should set out who’s responsible for fire alarm systems, emergency lighting, sprinklers, fire doors, and common parts. It may also control alterations (like fitting out a kitchen) that have fire safety implications. Before you sign, it’s wise to get a Commercial Lease Review so you understand your obligations and can negotiate anything that doesn’t fit your business.

Agree On Common-Part Arrangements

Landlords or managing agents typically manage common systems (alarms, smoke control, emergency lighting) and escape routes. You’ll usually pay for this via service charge. Ask for:

• Evidence of a current building-wide fire risk assessment and clear outputs for your unit.
• Testing and maintenance schedules, with prompt notification of defects or impairments.
• The evacuation strategy (e.g., simultaneous or phased) that applies to your area.

Co-Working, Markets And Pop-Ups

If you trade in co-working spaces or temporary markets, the operator will often be the responsible person for the overall floor or hall, while you retain duties for your equipment, activities, and staff. Request the site’s emergency plan and confirm how alarms are raised, where extinguishers are located, and what you must not do (for example, using certain appliances).

You Can’t Contract Out Of The Law

Even where a landlord manages common parts, you still carry duties for your demised premises and your work activities. You cannot pass those off entirely in a lease. Coordination and clarity are key to a safe building.

Practical Steps To Get Compliant From Day One

Getting the legal foundations right early will save headaches later. Here’s a straightforward checklist for small businesses.

1) Map Your Premises And People

• Draw the layout, mark exits, stairs, refuges, and fire equipment.
• Note who uses the premises (staff, customers, delivery drivers, contractors) and when they’re on site.
• Identify anyone who may need extra assistance to evacuate (consider Personal Emergency Evacuation Plans, or PEEPs).

2) Commission A Proportionate Fire Risk Assessment

• Use a competent assessor if you lack in-house expertise.
• Cover ignition sources, fuel sources, people at risk, existing measures, and further actions.
• Set priorities, deadlines and owners for actions; review after changes (e.g., new equipment, reconfiguration) or at least annually.

3) Put Measures In Place And Maintain Them

• Install and service alarms, emergency lighting, and extinguishers appropriate to your risks.
• Keep routes clear, maintain fire doors, and control combustibles and hot work.
• Keep test logs and certificates organised and accessible.

4) Write It Down

• Create a short emergency plan and display fire action notices.
• Document arrangements in a simple Workplace Policy covering fire safety, housekeeping, and reporting defects.
• Build responsibilities into your health and safety system, including who checks what and when.

5) Train, Drill, Repeat

• Induct all staff, appoint fire marshals for each shift, and run drills regularly.
• Record attendance and any learning points, then update your plan and training.
• If you fund external qualifications, consider how you’ll manage costs using fair terms in your contracts and policies (for example, a sensible approach to repayment of training costs).

6) Coordinate In Shared Buildings

• Swap emergency contact details with the landlord, managing agent and neighbouring tenants.
• Agree who maintains which systems and how you’ll communicate defects or works that affect fire safety.
• Ask for the building-wide fire strategy and make sure your plan aligns with it.

7) Keep An Eye On Change

• Refits, new processes, seasonal stock, or new machinery can change your fire risk - revisit the assessment and update measures.
• After any incident (even a false alarm), review what happened, capture lessons, and update training and procedures.

What Happens If You Don’t Comply?

Fire and Rescue Authorities enforce the FSO. They can inspect your premises, request documents, and issue:

• Alterations notices - requiring you to notify them before making certain changes.
• Enforcement notices - requiring you to fix specific failures within a set timeframe.
• Prohibition notices - restricting or prohibiting the use of all or part of the premises if there’s a serious risk.

Offences can result in fines and, in serious cases, imprisonment for individuals. Separate offences can also arise under the Health and Safety at Work etc. Act 1974 if failures endanger employees or others.

Beyond regulatory action, non-compliance can invalidate insurance, disrupt trade, and damage your reputation. The safest path is also the simplest: document your arrangements, keep your equipment maintained, train your team, and review regularly.

FAQs Small Business Owners Often Ask

Are Home Businesses Covered?

If you work from home in purely domestic areas, the FSO usually doesn’t apply. But if non-domestic areas are used (e.g., a converted garage studio with public access), duties may apply. Your risk assessment still matters for your people and insurance - take advice if you’re unsure.

Do I Need A Professional Fire Risk Assessor?

The law requires a “competent person.” If your risks are simple and you have suitable knowledge, you can do it yourself. Many SMEs prefer to appoint an independent assessor to ensure nothing’s missed, especially in multi-occupied or higher-risk settings. Always check competence and insurance.

How Often Should I Review My Assessment?

There’s no fixed legal interval - review regularly, at least annually, and whenever there’s a material change (new layout, equipment, processes) or after an incident.

Can I Pass Responsibility To My Landlord?

No - while a landlord may be responsible for common systems and areas, you remain responsible for your demised premises and your work activities. Use your lease to clarify boundaries and ensure you can meet your duties. If you’re negotiating terms, a targeted Commercial Lease Review can help you avoid hidden responsibilities you can’t practically meet.

How Do I Build Fire Safety Into My HR Documents?

Include clear responsibilities in your Employment Contract for relevant roles (e.g., duty manager or fire marshal), and set procedures in your Staff Handbook and Workplace Policy. That way, expectations are clear and training becomes part of your onboarding process.

Key Takeaways

• In UK law, the “responsible person” for a non-domestic premises must manage fire safety - often the business owner or tenant for their demised area, with landlords/managing agents covering common parts.
• Your core duties include a suitable and sufficient fire risk assessment, proportionate safety measures, maintenance, an emergency plan, staff training, information and signage, and good record-keeping.
• In shared or leased buildings, you must cooperate and coordinate with other responsible persons, and your lease should clearly allocate responsibilities for systems and common areas.
• Document your arrangements in practical policies, train your team, run drills and keep logs; revisit your assessment whenever things change or after any incident.
• Non-compliance can lead to enforcement notices, fines, even prohibition of use - and can undermine insurance. Treat fire safety as a core management duty from day one.
• Build fire safety into your legal foundations - your lease terms, HR documents and operational policies - so you can grow with confidence and meet your obligations consistently.

If you’d like help clarifying your responsibilities, reviewing your lease or setting up practical policies and contracts, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.