Had a Fire Safety Letter From the Council or Your Insurer?

Short answer: first work out who sent the letter and under what power. Council letters usually come under the Housing Act 2004, fire service letters under the Fire Safety Order, and insurer, lender or freeholder requests under a contract. Note every deadline, do not ignore it, deal with any immediate danger and get a fire risk assessment or review booked.

Step one: who sent it?

Letters from the council

Housing hazards

Councils assess rented homes using the Housing Health and Safety Rating System (HHSRS) under Part 1 of the Housing Act 2004. They must act on Category 1 hazards and may act on Category 2 hazards. The options include an improvement notice, a prohibition order, a hazard awareness notice and emergency action^[1]. Before acting on a prescribed fire hazard in an HMO or the common parts of flats, the council must consult the fire and rescue authority^[1], which is why letters sometimes mention both.

In England the system was reformed for inspections started on or after 23 June 2026: the number of hazards fell from 29 to 21, with new banding and new operating guidance that includes a part on fire and explosions^[2][3].

HMO licensing and management

In England, mandatory HMO licensing applies to HMOs occupied by five or more people forming two or more households, and councils can also run additional and selective licensing schemes^[4]. Licence conditions often ask for a fire risk assessment, fire alarm and emergency lighting certificates or fire door works. Separately, the HMO management regulations apply to every HMO, licensed or not: escape routes must be kept clear and in good repair, and fire alarms and firefighting equipment kept in good working order^[5]. If you let HMOs, our landlords and HMOs page sets out what is usually needed.

Civil penalties

Government guidance says that, for offences committed on or after 1 May 2026, councils in England can impose civil penalties of up to £40,000 (previously £30,000) for offences including failing to comply with an improvement notice, licensing offences and breaching the HMO management regulations. A new lower tier of penalties of up to £7,000 applies to certain breaches^[6]. Separately, councils can impose penalties of up to £5,000 under the smoke and carbon monoxide alarm rules^[7].

Letters from the fire and rescue service

In England the local fire and rescue authority is the main enforcing authority for the Fire Safety Order. It can inspect premises and serve notices^[8]. Fire services often start informally, for example with a letter or report after an audit listing the deficiencies they found and what they expect you to do. Treat that seriously: it is often the step before a formal notice. The formal notices are:

• Alterations notice (article 29): served where premises pose a serious risk, or would if their use changed. While it is in force you must tell the fire service before making changes that could significantly increase the risk^[9].
• Enforcement notice (article 30): served where the fire service believes you have failed to comply with the Order. It must say what the failure is and give you at least 28 days to put it right^[9].
• Prohibition notice (article 31): the most serious step. It prohibits or restricts use of the premises where the risk to people is so serious that this is needed^[9].

You can appeal a notice to the magistrates’ court within 21 days. An appeal suspends an alterations or enforcement notice, but not a prohibition notice unless the court directs otherwise^[10][11]. Failing to comply with the Order is a criminal offence: on conviction in the Crown Court the penalty can be an unlimited fine and up to two years’ imprisonment^[12].

Requests from insurers, lenders and freeholders

An insurer has no statutory power to demand a fire risk assessment. When it asks for one, the requirement comes from your policy terms and conditions. The same goes for lenders, freeholders and managing agents relying on a lease or contract. That does not make it optional: breaching a policy condition can affect cover, and a lender can hold up a mortgage or sale. Read exactly what they are asking for: a new assessment, a review, a particular date, evidence that actions are complete, or maintenance certificates for the fire alarm or emergency lighting. If the wording is unclear, ask them in writing.

What to do in the first 48 hours

1. Read it properly. Note who sent it, which law or policy clause it relies on, what it asks for and every date in it.
2. Do not ignore it. Acknowledge it in writing, give a named contact and ask any questions. A quick, sensible reply usually helps.
3. Deal with immediate danger now. Clear blocked escape routes, remove stored rubbish from stairs and corridors, unwedge fire doors and get any faulty alarm or emergency lighting looked at.
4. Gather your records. The current fire risk assessment, action plan, alarm and emergency lighting logs, service certificates and fire door check records.
5. Book a fire risk assessment or review. If yours is missing, out of date or does not cover what the letter raises, get one booked and tell the sender when it will be done.
6. Watch the appeal window. If you disagree with a formal fire service notice, the appeal period is 21 days from service^[10]. Take legal advice early.
7. Keep a paper trail. Save every letter, email, quote, invoice and photo of completed work.

Our fire risk assessment service produces a written report with a prioritised action plan you can send back to the council, fire service or insurer.

Scotland and Wales

This guide is written for England. In Scotland the Scottish Fire and Rescue Service enforces Part 3 of the Fire (Scotland) Act 2005 through fire safety audits and its own notices^[13][14], and HMO licensing and penalties follow Scottish housing law^[15][16]. In Wales the Fire Safety Order notices described above apply, but HMO licensing thresholds differ^[17] and the Building Safety (Wales) Act 2026 will change the regime for blocks of flats and many HMOs once it is in force^[18].

This guide is general information, not legal advice. Check the current legislation for your premises, or ask us.