Do I Need a Fire Risk Assessment?

Short answer: in England, almost every premises that is not a single private home needs a fire risk assessment, and since 1 October 2023 it must be written down in full. That includes workplaces, holiday lets, HMOs and the common parts of blocks of flats. Scotland and Wales have their own rules, summarised briefly at the end.

The legal test in England

The Regulatory Reform (Fire Safety) Order 2005, usually called the Fire Safety Order or FSO, applies in England and Wales^[1]. Home Office guidance says it applies to “virtually all premises” other than single private dwellings such as houses, bungalows and individual flats^[2]. Where the Order applies, the responsible person must make a “suitable and sufficient” assessment of the fire risks under article 9^[3].

So there are two questions to answer. Is your building covered? And are you the responsible person for it?

Are you the responsible person?

Article 3 of the Order sets out who the responsible person is^[1]:

• in a workplace, the employer, if the workplace is to any extent under their control;
• in other premises, the person who has control of the premises in connection with a trade, business or other undertaking (profit-making or not);
• failing that, the owner.

In practice that usually means the business owner, the landlord or managing agent of an HMO, the freeholder, residents’ management company or right to manage company of a block of flats, or the owner of a holiday let. A building can have more than one responsible person, for example a shop on the ground floor with flats above. Since October 2023, responsible persons who share a building must co-operate and share information^[4].

You can pay someone to carry out the assessment, but GOV.UK is clear that you stay legally responsible for it^[5].

Which premises need one?

Landlords: single lets, HMOs and blocks

A house or flat let to one household

The Fire Safety Order does not apply inside a single private dwelling^[2]. That does not mean there are no fire rules. In England, private and social landlords must fit a smoke alarm on every storey with living accommodation and a carbon monoxide alarm in any room with a fixed combustion appliance (other than a gas cooker), and councils can impose penalties of up to £5,000^[8]. If the flat sits in a block, the block’s responsible person still has duties for the common parts, the structure and the front door of your flat^[7].

HMOs

Home Office guidance treats the common parts of HMOs, such as shared corridors and stairways, as covered by the Order^[2]. For bedsit-style HMOs with separate tenancies, plan on needing an assessment. For a shared house let to one group on a single tenancy, councils and fire services do not all take the same view, so ask before assuming you are exempt. Councils also apply housing law to HMOs through licensing and management rules, which is why many HMO landlords are asked for an assessment as a licence condition. Our landlords and HMOs page covers this in more detail.

Blocks of flats

The Fire Safety Act 2021 made it clear that, in any building with two or more sets of domestic premises, the Order covers the structure, the external walls (including windows, balconies and cladding) and all doors between flats and the common parts, such as flat entrance doors^[7]. It still does not reach inside the individual flats^[2]. If you manage a block, see our blocks of flats page and, for buildings in England, our guide to the Fire Safety (England) Regulations 2022.

Holiday lets and small paid accommodation

Self-catering holiday lets are covered by the Fire Safety Order, so the person letting them must carry out a fire risk assessment^[6]. The government booklet for small paying guest accommodation is aimed at premises on the ground floor, or ground and first floor, with no more than 10 guests and no more than four bedrooms on the first floor^[9]. For anything larger or more complex, GOV.UK points to the fuller sleeping accommodation guide^[6].

It has to be written down

Before October 2023, a written record was only needed in some cases, such as where five or more people were employed. Since 1 October 2023, every responsible person in England must make a record of the assessment, and it must cover all the findings, not just the “significant” ones^[4]. The record must also identify who carried out the assessment, meaning the name of the individual and/or organisation^[4]. A verbal “we walked round and it looked fine” no longer meets the law.

Scotland and Wales

This guide is written for premises in England. The rules differ elsewhere. In Scotland the Fire Safety Order does not apply: duties come from Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006^[11]. They cover non-domestic premises, licensed HMOs and care homes, but exclude the common parts of ordinary blocks of flats^[12], although Scottish Government guidance recommends an assessment for high-rise domestic blocks^[13]. A written record is only required in some cases^[14], and short-term let hosts have their own duties^[15]. In Wales the Fire Safety Order still applies for now, including the October 2023 recording duty^[10], but the Building Safety (Wales) Act 2026 will move multi-occupied residential buildings and many HMOs to a new regime once its fire safety provisions are in force^[16].

What happens if you don’t have one?

The local fire and rescue authority enforces the Order. It can inspect, serve notices requiring improvements and, where the risk is serious, restrict or prohibit use of the premises^[17]. Failing to comply is a criminal offence: on conviction in the Crown Court the penalty can be an unlimited fine and up to two years’ imprisonment, and the magistrates’ court can also impose an unlimited fine^[17]. Insurers, lenders and councils often ask to see an assessment too. If you have already had a letter, read our guide to council and insurer fire safety letters.

Who should carry it out?

You can carry out the assessment yourself if you have the knowledge and time. If not, you should appoint a competent person, and GOV.UK recommends choosing someone with third-party certification^[5]. The government has consulted on making certification of fire risk assessors compulsory, but that is not law yet. For what affects the price, see our guide to fire risk assessment costs, or go straight to our fire risk assessment service.

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