Who Is Responsible For Fire Risk Assessments In the UK? Duties Explained

If you run a small business, rent premises, or manage a building, fire safety can feel like one of those “surely someone else handles it” responsibilities.

But when something goes wrong, the question becomes very direct, very quickly: who is responsible for a fire risk assessment in the UK?

In most cases, the law places responsibility on a specific duty-holder (often called the “Responsible Person”). The tricky part is that the Responsible Person can change depending on who has control of the premises, what parts of the building we’re talking about, and what your lease or management arrangements say.

Below, we break down how responsibility works in practice for employers, landlords, tenants and business owners - and what you should do to make sure you’re protected from day one.

What Is A Fire Risk Assessment (And When Do You Need One)?

A fire risk assessment is a structured review of your premises to identify:

• fire hazards (what could start a fire),
• fire risks (who could be harmed and how), and
• the control measures you need to reduce risk to an acceptable level.

Important: fire safety law is not identical across the UK. In England and Wales, most duties come from the Regulatory Reform (Fire Safety) Order 2005 (often shortened to the “Fire Safety Order”). Scotland and Northern Ireland have different (but similar) regimes, so you should check which set of rules applies to where your premises are located.

In simple terms, you will usually need a fire risk assessment if you:

• operate a workplace (including offices, shops, warehouses, cafés and studios),
• run premises open to the public,
• control common parts of a building (like corridors, stairwells, lobbies), or
• are responsible for certain residential building areas (such as common parts of blocks of flats).

Even if you’re a small team, or you share a building with other businesses, you should assume fire safety obligations apply and then confirm your exact responsibilities based on your setup.

It’s also worth knowing that changes in the law (including the Fire Safety Act 2021) clarified that, for certain buildings in England and Wales, fire risk assessments need to consider things like building structure, external walls and flat entrance doors where relevant.

Who Is Responsible For A Fire Risk Assessment Under UK Law?

If you’re trying to work out who is responsible for a fire risk assessment, the key concept (in England and Wales) is the Responsible Person.

Under the Fire Safety Order, the “Responsible Person” is generally:

• an employer, if the premises are a workplace (to the extent they have control), or
• any person who has control of the premises in connection with carrying on a business or other undertaking, or
• the owner, where they have control (or where control isn’t otherwise clearly allocated).

Control is the theme here. Responsibility often follows whoever can actually make decisions and implement safety measures.

Employers: If You Employ Staff, Assume You Have Duties

If you employ staff, you’ll usually be responsible for fire safety in your workplace - including arranging a fire risk assessment - even if you rent the space.

This ties into wider health and safety duties, and you’ll usually want your internal documentation to match your procedures (for example, policies and training records that sit alongside your wider Health And Safety management).

From a practical point of view, as an employer you’ll often need to ensure:

• fire evacuation procedures are in place and communicated,
• fire wardens/marshals are appointed (where appropriate),
• fire exits are kept clear,
• fire alarms and extinguishers are maintained, and
• staff receive training and drills are carried out where needed.

Tenants And Business Owners: If You Control The Premises, You’re Likely The Responsible Person

If you run a business from premises you occupy (for example, a shop unit, office suite, industrial unit, salon, or café), you may be the Responsible Person for the areas you control.

In many leases, tenants are responsible for “demised premises” (your unit), while landlords are responsible for common parts. But the exact boundary isn’t always obvious - and if it’s unclear, it’s safer to clarify it early rather than guess.

This is one reason it’s worth having your lease reviewed, especially if you’re moving into new premises or negotiating responsibilities. A Commercial Lease Review can help identify where fire safety obligations sit, including costs and compliance responsibilities.

Landlords: You May Be Responsible For Common Parts (And Sometimes More)

If you’re a landlord, you can be responsible for fire risk assessments in areas you control - typically the common parts of a building (entrances, stairwells, hallways, plant rooms, shared kitchens, etc.).

This is especially common where:

• you have multiple tenants,
• you retain responsibility for maintenance and repairs, or
• you control building-wide systems (like alarms, emergency lighting, or smoke ventilation).

Even if your tenants run their own businesses and do their own internal assessments, landlords still commonly have duties in relation to the parts they control.

Managing Agents: Responsibility Can Be Delegated, But Not Always Transferred

Many landlords appoint managing agents to handle compliance. That can be a sensible operational step - but it doesn’t automatically remove legal responsibility from the landlord.

In legal terms, you can delegate tasks, but you may still be accountable if the required work isn’t done properly.

If you use contractors or third parties, make sure the arrangement is clearly documented, roles are defined, and you’ve got a paper trail showing what’s been done and when.

What If The Premises Are Shared Or The Lease Is Unclear?

Shared buildings are where most confusion happens - and where businesses most often ask who is responsible for a fire risk assessment.

Here are common scenarios and how responsibility is typically approached.

Scenario 1: You Rent A Unit In A Multi-Tenant Building

Usually:

• You (the tenant) are responsible for the fire risk assessment inside your unit (where you control it).
• The landlord (or building manager) is responsible for common parts.

But there can be overlap (for example, alarm systems, shared fire doors, or shared escape routes). In those cases, each duty-holder may have a legal duty to cooperate and coordinate with other Responsible Persons in the building (including sharing relevant information about risks and control measures).

Scenario 2: You Work From A Co-Working Space Or Serviced Office

In many serviced office setups, the operator controls the premises and provides building-wide safety measures, so they’ll often be the main Responsible Person for common parts and overall building systems.

However, you may still have responsibilities for how you use your own space (for example, keeping exits clear, not introducing new hazards, and following building procedures).

Don’t assume the provider “covers everything” - check your agreement and ask what documents you should receive (such as the latest fire risk assessment summary and evacuation procedures).

Scenario 3: You Operate From A Shop With A Flat Above (Or Similar Mixed-Use Building)

Mixed-use buildings can involve multiple duty-holders. For example:

• the shop operator controls the retail area,
• the landlord/freeholder may control the structure and common parts, and
• residential areas may have additional requirements relating to common parts.

This is where the Fire Safety Act 2021 and broader building safety reforms can become relevant (particularly in England and Wales), depending on the type and height of the building.

Scenario 4: Contractors, Pop-Ups And Temporary Occupation

If you bring contractors onto site, or you run pop-up events, you still need to manage fire risks introduced by:

• equipment brought on-site,
• temporary wiring and lighting,
• crowd management, and
• blocked exits due to layout changes.

If your business model changes quickly (events, seasonal retail, temporary installations), build fire safety checks into your operational processes and workplace rules. This is often done through a Workplace Policy and a Staff Handbook so expectations are clear and consistent.

Who Can Carry Out A Fire Risk Assessment (And When Should You Bring In A Professional)?

Another common question small businesses have is whether they can do the fire risk assessment themselves.

The law doesn’t always require you to hire an external assessor - but it does require the assessment to be suitable and sufficient and carried out by a competent person.

A competent person is someone with enough:

• training,
• knowledge,
• experience, and
• other qualities

to properly identify risks and implement appropriate control measures.

When A Simple In-House Assessment Might Be Realistic

An in-house assessment may be suitable for lower-risk environments, such as:

• a small office with straightforward escape routes,
• a low-occupancy studio with minimal ignition sources, or
• a single small retail unit with clear layouts and good housekeeping.

Even then, you’ll want to be careful. If you miss something material and there’s an incident (or an inspection), “we didn’t realise” generally isn’t a strong defence.

When You Should Strongly Consider A Specialist

You should usually bring in a competent external professional where there’s more complexity, for example:

• sleeping accommodation (including some short-stay arrangements),
• high footfall premises (busy cafés, bars, gyms, venues),
• multiple floors, basements or complex escape routes,
• industrial processes, cooking equipment, or hazardous substances,
• older buildings, or buildings with unusual layouts, and
• multi-occupied premises where responsibilities overlap.

It’s also worth considering your insurer’s expectations. Insurance policies may have conditions requiring certain fire safety steps, and it’s important to align your risk assessment and your real-world safety practices.

What Should Your Fire Risk Assessment Cover (And How Often Should You Review It)?

A good fire risk assessment isn’t just a box-ticking exercise. It’s meant to drive action.

While every premises is different, most assessments will cover:

1. Fire Hazards

• sources of ignition (electrics, cooking equipment, machinery, smoking),
• sources of fuel (stock, packaging, waste, flammable liquids), and
• sources of oxygen (ventilation, oxygen cylinders in some settings).

2. People At Risk

• employees, contractors, visitors and members of the public,
• anyone particularly vulnerable (mobility issues, sensory impairments),
• lone workers or out-of-hours staff, and
• neighbouring occupiers who could be affected.

3. Fire Safety Measures

• escape routes and exits (including signage and emergency lighting),
• fire detection and warning systems,
• firefighting equipment (extinguishers, blankets),
• fire doors and compartmentation,
• maintenance and testing schedules, and
• training and drills.

4. An Action Plan

The assessment should clearly record what needs fixing, by when, and who’s responsible.

This is where many businesses fall down: they commission (or write) an assessment, file it away, and don’t implement the actions. If an inspector attends after an incident, they will usually want to see that you followed through.

Do You Need To Keep A Written Record?

In England and Wales, you should keep a written record of the significant findings of your fire risk assessment and any group of people identified as being especially at risk if you have 5 or more employees (and you may also need to keep records in some other situations, such as where your premises is subject to certain formal requirements). Even where a written record isn’t strictly required, keeping one is best practice.

How Often Do You Need To Review It?

There’s no single “every X months” rule that suits all premises. The general expectation is that you review it regularly and keep it up to date, especially when things change.

You should review your fire risk assessment when:

• you make changes to the layout (new walls, new seating plan, new storage),
• you introduce new equipment or processes (e.g. cooking, machinery),
• you hire more staff or increase occupancy,
• there’s a near miss or incident,
• there are changes to the building (including common parts), or
• there are changes in guidance or legal expectations relevant to your premises.

As a business owner, it’s helpful to treat fire risk assessment reviews as part of your overall compliance rhythm - alongside HR, contracts, and general Health And Safety management.

Key Takeaways

• The question of who is responsible for a fire risk assessment is usually answered by identifying the Responsible Person - typically the employer or the person in control of the premises (and the rules can vary depending on whether you’re in England & Wales, Scotland, or Northern Ireland).
• If you employ staff, you’ll usually have fire safety duties for the areas you control, even if you rent the premises.
• Landlords are often responsible for common parts and building-wide systems, but responsibility can overlap in multi-tenant buildings - and duty-holders may need to cooperate and coordinate.
• Leases and building management arrangements matter - a clear written allocation of obligations can prevent expensive disputes and compliance gaps.
• You can carry out a fire risk assessment in-house if you’re competent, but higher-risk or complex premises usually justify using an experienced professional.
• A fire risk assessment should lead to practical actions (not just paperwork) and should be reviewed whenever your premises, occupancy, or processes change.

If you’d like help with getting your business legally protected and your responsibilities clearly documented (especially where leases, shared buildings, or staff policies are involved), you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.