Do I Need A Fire Risk Assessment?

The requirement to carry out a Fire Risk Assessment (FRA) does not apply to private homes, but is required by law for most other properties that have a business element involved, including some rental properties, HMOs, and hospitality venues. This is because a lack of fire risk assessment is considered to compromise the safety of employees and visitors.

Here is the breakdown of who needs a fire risk assessment for businesses, recent legal changes to be aware of, and how to get compliant.

Do you need a fire safety risk assessment?

If you fall into any of the categories below, a Fire Risk Assessment is a mandatory legal requirement:

• Business Owners/Employers: Offices, shops, factories, warehouses, etc

• Landlords (Residential): For the common areas of blocks of flats, HMOs (Houses in Multiple Occupation), or maisonettes.

• Hospitality: Hotels, B&Bs, pubs, restaurants.

• Holiday Lets: If you rent out a property (even a single cottage or AirBnB) for short-term lets, this is considered a business, not a private home.

• Charities/Voluntary: Village halls, charity shops, and scout huts.

Exemption applies to private domestic homes occupied by a single household (unless running a business from it).

The rules for fire safety risk assessments have changed

If you are in England, the law was changed in October 2023 (under Section 156 of the Building Safety Act 2022).

• Previous Rule: You only had to write the assessment down if you had 5+ employees or had a licence (e.g. to sell alcohol).

• New Rule (England): You must record your Fire Risk Assessment in full, in writing, regardless of the size of your business. Even if you are a sole trader with no employees, if you have a premises, it must be written down.

Note: In Scotland and Northern Ireland, the requirement to have an assessment exists for everyone, but the legal requirement to write it down technically still kicks in at 5+ employees or if a licence is in force. However, it is strongly advised to write it down anyway for insurance and legal protection.

Who is responsible for arranging a Fire Risk Assessment?

The law places the duty for an FRA on a "Responsible Person".

• In a workplace: The employer.

• In a building with no employees: The person who has control of the premises (the owner, the landlord, or the managing agent)

Warning: Legal responsibility cannot be delegated. While a competent person, such as a professional risk assessor, can be appointed to do the assessment, if it is done poorly, the employer or property owners is still the one liable. Outsourcing fire risk assessments can ensure that all potential hazards are identified and appropriate measures are implemented, including a comprehensive fire safety plan.

Failure to conduct a fire risk assessment can result in legal action against the responsible person or lead to substantial fines for a business. In extreme cases, failing to conduct a fire risk assessment can result in imprisonment for the responsible person.

Fire risk assessments must be reviewed regularly to keep them up to date, especially after significant changes to the premises.

Can you do a fire safety risk assessment yourself?

The person who completes a fire risk assessment must be considered competent to do so, and while it is possible to carry one out yourself, you may still benefit from having it completed externally. A professional fire risk assessor is usually more able to spot hazards and advise on what measures should be put in place as the responsible person will have the relevant training.

Where it is possible to carry out a fire risk assessment yourself:

• Small/Low Risk Building: If you have a small, simple layout (like a small ground-floor shop or a small holiday cottage), you can usually do it yourself using standard government checklist guidelines.

Where you should hire a competent fire risk assessor:

• Complex/High Risk Building: If your building is large, has sleeping accommodation (care homes, hotels, large homes of multiple occupancy, complex layouts, or heritage buildings that may have hidden fire hazards), you should hire a competent responsible person.

Summary of Requirements by Region

*Even if not legally required to write it down in Scotland/NI, you should do so to prove you have done it.

What is involved in a fire safety risk assessment?

A Fire Risk Assessment (FRA) is not just a piece of paper; it is a thorough investigation of your building to see how likely a fire is to start and, if it does, how safe people are.

In the UK, a fire risk assessment covers a mandatory 5-step cycle:

1. Identify the Fire Hazards: Spot sources of ignition (faulty electrics, heaters, naked flames) and fuel (waste, packaging, furniture).

2. Identify People: Determine who is at risk, specifically looking for vulnerable people (mobility issues, children) or those sleeping on-site.

3. Evaluate & Protect: Check your safety hardware. Do the fire doors close? Is the alarm system adequate? Are escape routes clear? Do you have sufficient and well-maintained fire extinguishers?You must reduce any risks found in step 1.

4. Record & Plan: You must write down your findings and create a specific Action Plan (a to-do list) to fix any issues.

5. Review: The document must be updated regularly (usually annually) or whenever you change the building layout or use.

The fire risk assessment is checking the physical building (doors, alarms, exits) and the paperwork (training records, testing logbooks) to ensure they comply with the law.

What will you end up with at the end of the fire risk assessment?

At the end of the process, you should have a document that tells you:

1. What is wrong at the premises (Hazards).

2. What you need to fix issues immediately (Action Plan).

3. Confirmation that your current fire safety measures (alarms, doors, fire escapes) are adequate.

4. An Emergency Fire Evacuation Plan (advising what people should actually do if a fire alarm goes off).

Employers and business property owners should arrange for a fire risk assessment regularly (at least annually or after any significant changes have been made to a premises which might increase the potential risk of fire) to ensure that they remain fully compliant.

Need help conducting your commercial fire risk assessments. Work with our team today.