Is It a Legal Requirement to Have a Fire Risk Assessment?

The short answer is yes — a fire risk assessment is a legal requirement for the vast majority of premises in England and Wales. But understanding exactly what the law requires, and who it applies to, is important for anyone responsible for a building.

The Regulatory Reform (Fire Safety) Order 2005

The primary piece of legislation governing fire safety in non-domestic premises is the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005). It applies to virtually all buildings, structures, and open spaces used for commercial, business, or public purposes — including:

• Offices and shops
• Factories and warehouses
• Hotels and guest houses
• Pubs, clubs, and restaurants
• Schools and colleges
• Healthcare premises
• Common areas of multi-occupied residential buildings

Under the RRO 2005, the responsible person — typically the employer, owner, or occupier — must:

1. Carry out a suitable and sufficient fire risk assessment of the premises
2. Identify the people at risk, including employees, visitors, and anyone else who may be present
3. Take action to eliminate or reduce the risks identified, as far as reasonably practicable
4. Record the findings if the business employs five or more people, or if the premises require a licence
5. Review the assessment regularly and whenever there is reason to believe it is no longer valid

Failure to comply can result in enforcement action from the local fire and rescue authority, including improvement notices, prohibition notices, or prosecution.

The Fire Safety Act 2021

The Fire Safety Act 2021 is a UK Act of Parliament that amends the RRO 2005. It was introduced to clarify and expand fire safety responsibilities specifically for multi-occupied residential buildings in England and Wales — such as blocks of flats and purpose-built apartment buildings.

The Act makes clear that the responsible person must assess and manage fire risks arising from:

• The structure and external walls of the building, including cladding, balconies, and windows
• Flat entrance doors — including those between individual flats and common parts

This was a direct response to the Grenfell Tower fire and the subsequent Hackitt Review, which identified significant gaps in how fire safety responsibilities were understood and enforced in residential high-rise buildings.

What About Residential Properties?

For single private dwellings, the RRO 2005 does not apply. However, landlords who rent out properties — including individual flats, houses, and HMOs — do have legal fire safety obligations under separate legislation, including the requirement to ensure working smoke alarms and carbon monoxide detectors are fitted.

For HMOs and larger residential buildings, the RRO 2005 applies to the common areas, and a formal fire risk assessment is required.

The Bottom Line

If you are responsible for any non-domestic premises, or for the common areas of a residential building, a fire risk assessment is not optional — it is a legal obligation. And with the Fire Safety Act 2021 extending those obligations further for multi-occupied buildings, the importance of getting it right has never been greater.

At MS Fire Safety, we carry out thorough, compliant fire risk assessments for landlords, small businesses, and commercial premises. Our assessments are conducted by a FireQual Level 3 qualified assessor, and we will always provide clear, practical recommendations.

Get in touch today to arrange your assessment.