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Reference

Fire safety law in England and Wales

Five instruments do most of the work. This page sets out what each one is, who it binds, what it actually asks of you and who turns up if you ignore it. It is written for duty holders, not lawyers.

SI 2005/1541

Regulatory Reform (Fire Safety) Order 2005

The Fire Safety Order, or FSO

Who it binds

The Responsible Person for almost every non-domestic premises in England and Wales, plus the common parts of blocks of flats and HMOs.

What it requires

  • Carry out a fire risk assessment and keep it under review.
  • Take general fire precautions to keep people safe.
  • Maintain fire safety measures — alarms, emergency lighting, doors, extinguishers — in efficient working order (article 17).
  • Give staff information, instruction and training.

Enforced by

The local fire and rescue authority, by inspection, alterations notices, enforcement notices and prohibition notices.

s.156

Building Safety Act 2022, section 156

The recording duty

Who it binds

Every Responsible Person under the Fire Safety Order, since 1 October 2023.

What it requires

  • Record the fire risk assessment in full, whatever the size of the business. The old exemption for employers with fewer than five staff is gone.
  • Record the fire safety arrangements.
  • Record and share the identity of the Responsible Person so a successor can be traced.

Enforced by

The local fire and rescue authority, as part of the Fire Safety Order regime.

SI 2022/547

Fire Safety (England) Regulations 2022

The Grenfell Inquiry phase 1 regulations

Who it binds

Responsible Persons for buildings containing two or more sets of domestic premises. Some duties apply to every such building, others only above 11 metres, and the heaviest only to high-rise.

What it requires

  • EVERY building with two or more sets of domestic premises and common parts: give residents fire safety instructions, and information about the fire doors in the building (regulations 9 and 10(1)). There is no height threshold on this one.
  • Above 11 metres: check communal fire doors at least every three months (regulation 10(5)), and use best endeavours to check flat entrance doors at least every twelve months (regulation 10(4)). The best-endeavours wording attaches to the flat entrance doors, because the Responsible Person cannot compel entry to a private flat.
  • High-rise only — meaning at least 18 metres in height OR at least seven storeys, whichever is reached first: monthly checks of lifts and key firefighting equipment, building floor plans and a secure information box for the fire and rescue service, and wayfinding signage.

Enforced by

The local fire and rescue authority.

2004 c.34

Housing Act 2004

HHSRS and HMO licensing

Who it binds

Landlords and managers of rented housing, and of houses in multiple occupation.

What it requires

  • Keep the property free of category 1 hazards, of which fire is one, under the Housing Health and Safety Rating System.
  • Hold a licence where the HMO is licensable and meet its conditions. The mandatory conditions in Schedule 4 do not themselves name a fire risk assessment, but local authorities commonly attach one as a further condition, and the Fire Safety Order covers the common parts regardless.
  • Meet the management regulations for HMOs, covering escape routes and fire precautions.

Enforced by

The local housing authority, by improvement notices, prohibition orders, civil penalties and unlimited fines. Banning orders come from the Housing and Planning Act 2016 rather than this Act.

ACOP L8

Health and Safety at Work etc. Act 1974 and COSHH 2002

The legionella duty, via Approved Code of Practice L8

Who it binds

Any employer or person in control of premises with a water system.

What it requires

  • Assess the risk of exposure to legionella bacteria.
  • Appoint a competent person to manage the control scheme.
  • Keep records and review the assessment when the system or its use changes.

Enforced by

The Health and Safety Executive or the local authority, depending on the premises.

Which duty applies to you

Seven duties, mapped to the instrument behind each

Sources and review

Checked against Regulatory Reform (Fire Safety) Order 2005, Building Safety Act 2022, section 156, Fire Safety (England) Regulations 2022, Housing Act 2004 and Health and Safety at Work etc. Act 1974 and COSHH 2002 on . We recheck this page against the legislation quarterly, and sooner if the law changes. Spotted something wrong? Tell us at enquiries@bristolfireriskassessment.co.uk and we will correct it.

This page is general information about fire safety law in England and Wales. It is not a fire risk assessment and it is not legal advice. Under the Regulatory Reform (Fire Safety) Order 2005 the Responsible Person must ensure an assessment is carried out by a competent person.