Who can carry out a fire risk assessment?

Updated · UK law and HSE guidance

Short answer

In England and Wales, the responsible person must ensure a suitable and sufficient fire risk assessment is completed and recorded. They may do it themselves if they have enough competence for the premises and risks, or appoint a competent fire-risk assessor. Appointment does not transfer the responsible person's legal duties.

Key facts
Main lawRegulatory Reform (Fire Safety) Order 2005
Duty holderThe responsible person
Workplace responsible personEmployer, where the workplace is under their control
Required assessmentSuitable and sufficient
RecordingAssessment and review must be recorded
ReviewRegularly and after invalidity or significant change

Who is legally responsible

For a workplace, the Fire Safety Order generally identifies the employer as responsible where the workplace is under their control. For other covered premises, responsibility can rest with the person who controls them in connection with a business or undertaking, or the owner where that condition is not met. Several people can have duties to the extent that each controls the premises.

  • The responsible person must take general fire precautions
  • Shared premises require cooperation and coordination
  • A landlord, managing agent, employer or contractor may control different matters

When you can assess it yourself

Simple premises with straightforward activities may be within the capability of a responsible person who understands fire hazards, people at risk, escape, detection, warning and control measures. Competence must match the complexity and consequences. Larger, high-occupancy, sleeping, specialised, altered or otherwise complex premises are more likely to need a competent specialist with suitable knowledge and experience.

  • Check the assessor understands the applicable fire-safety law
  • Require a clear scope, findings and prioritised action plan
  • Verify independence and evidence of competence before appointment

What cannot be delegated

The responsible person remains accountable for ensuring the assessment is suitable, acting on it and keeping it current. The assessment must identify fire hazards, relevant people, precautions and groups especially at risk. Review it regularly and particularly after significant changes or reason to suspect it is no longer valid. SitePaper can structure a fire-risk-assessment draft, but competent judgement is essential for the premises.

  • Provide the assessor access and accurate building information
  • Track remedial actions to completion
  • Record the assessment, review and identity of appointed assistance

Sources

  1. Regulatory Reform (Fire Safety) Order 2005
  2. GOV.UK: Who is responsible for workplace fire safety
  3. GOV.UK: Guide for persons with fire-safety duties

This guide summarises UK law and HSE guidance for small businesses. It is not legal advice; check the sources and your own circumstances.

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