Building Safety Act 2022: Section 156 Recording Duty Guide
The Building Safety Act 2022, section 156 changed your fire risk assessment duties on 1 October 2023 — and if you are a responsible person in the UK, the old "only record it if you employ five or more people" rule no longer applies.
Since that date, every responsible person must record their fire risk assessment in full, keep a written record of their fire safety arrangements, and note who carried out the assessment. A verbal plan, a brief summary of "significant findings," or an assessment you keep only in your head does not meet the law.
This guide explains what section 156 does, what you must now record, which articles of the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) it amends, and the practical steps to get compliant.
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What Section 156 of the Building Safety Act 2022 does
Section 156 of the Building Safety Act 2022 (BSA 2022) is the provision that extended the written recording duty for fire risk assessments to every responsible person in England and Wales. Before it came into force, the recording obligation applied only in specific situations — typically where the responsible person employed five or more people, or where the premises were subject to a premises licence or an alterations notice.
Section 156 removed those limits. It amended the RRO 2005 (S.I. 2005/1541), the primary fire safety regulation for most UK premises, so that the duty to keep a written record now applies universally.
Three changes landed on 1 October 2023:
- The fire risk assessment must be recorded in full. Previously only "significant findings" had to be written down. Now the assessment itself — the hazards considered, the people at risk, the evaluation of existing measures, and the conclusions — must be documented.
- The arrangements for fire safety must also be recorded. This covers how you plan, organise, control, monitor, and review your fire safety measures day to day.
- The identity of the assessor must be recorded. You must note the name (and, where applicable, the organisation) of anyone you engaged to carry out or review the assessment.
Section 156 also introduced a legislative requirement that anyone appointed to make or review an assessment must be competent. Some provisions of that change are not yet in force, but the requirement to record the assessor's identity is already effective and prepares your records for the forthcoming competence standard.
What changed on 1 October 2023
| Duty | Before 1 October 2023 | From 1 October 2023 | | --- | --- | --- | | Who must record | Employers with five or more employees, licensed premises, or premises under an alterations notice | Every responsible person, regardless of size | | What is recorded | "Significant findings" of the assessment | The assessment in full | | Fire safety arrangements | Recorded only above thresholds | Recorded in all cases | | Assessor identity | Not required | Recorded (name, organisation where applicable) | | Cooperation | General duty | Strengthened — responsible persons must share information and cooperate |
The headline is simple: the five-employee threshold is gone, and what you record has moved from a summary to the full assessment.
How it works under the RRO 2005
The recording duty sits inside the wider fire risk assessment duty. The RRO 2005 places the biggest responsibilities on the responsible person.
- Article 9(1) requires the responsible person to make a suitable and sufficient assessment of the risks to which relevant persons are exposed, to identify the general fire precautions needed.
- Article 9(3) requires that assessment to be reviewed regularly so it stays up to date — especially after a significant change to the premises, occupancy, or fire precautions.
- Article 9(6) requires the responsible person to make a record of the assessment or review "as soon as practicable" after it is made or reviewed.
- Article 9(7)(a) prescribes what that record must contain: the findings of the assessment, including the measures which have been or will be taken. Section 156(3)(b) struck out the word "significant" so the law now requires the full findings.
- Article 9(7)(b) remains unchanged: the record must also include any group of persons identified by the assessment as being especially at risk — sleeping occupants, lone workers, people with mobility impairments, visitors unfamiliar with the layout, and so on.
- Article 11(2) requires the responsible person to record the arrangements referred to in Article 11(1) — that is, the arrangements for the effective planning, organisation, control, monitoring, and review of the preventive and protective measures.
The key point: there is no longer any employee-count filter. Every responsible person records under Article 9(6), and every responsible person records their fire safety arrangements under Article 11(2).
What you must record — the four documents
Since 1 October 2023, a compliant record-keeping position for a premises usually means four separate documents:
1. The fire risk assessment in full. Hazards identified, people at risk, evaluation of existing precautions, and the conclusions. A one-page summary of headline risks does not discharge this. 2. The fire safety arrangements record. The arrangements for planning, organising, controlling, monitoring, and reviewing the measures — including emergency procedures and maintenance schedules. 3. The assessor's identity. The name and, where applicable, the organisation of anyone engaged to make or review the assessment. 4. Cooperation records. Where more than one responsible person shares the building, you must take steps to find other responsible persons, cooperate with them, and share information — including with residents where the premises are multi-occupied.
These are distinct duties, and a report that covers only one leaves the others unmet.
Who must comply
Every responsible person in England and Wales, regardless of the size or type of business. That includes sole traders with no employees, small offices, retail units, landlords of multi-occupied residential buildings, and managing agents. The size of your workforce is no longer a defence.
Two related frameworks sit alongside the RRO 2005 and are worth noting:
- The Fire Safety Act 2021 imposes additional duties on higher-risk buildings — principally affordable social housing and other higher-risk residential buildings over 11 metres — including a fire safety duties record and, since 23 January 2023, the external walls record under the Fire Safety (England) Regulations 2022.
- The Fire Safety (England) Regulations 2022 add concrete tasks for high-rise residential buildings, including the external walls record, fire door inspection duties, and the monthly lift and essential firefighting equipment checks. Regulation 12 of those Regulations is a Secretary of State review provision rather than a duty on responsible persons.
If your premises are covered by those regimes, section 156 still applies on top: the recording duties it created operate alongside them, not instead of them.
What failing to keep a proper record can mean
Local fire and rescue authorities enforce the RRO 2005, and a failure to keep a proper record is treated as a failure of the recording duty itself. Breaches can lead to enforcement action under Article 30 and Article 32 of the Order, including an unlimited fine on conviction. There is no statutory retention period set out in the Order, so the practical position is to keep the current assessment plus every superseded version, and a meaningful run of your test, maintenance, and training records.
In practice, an enforcing officer will start from the record. If the assessment you produce is a summary rather than the full assessment, or if the fire safety arrangements are not recorded, the enforcement result is predictable.
How to comply — action checklist
Use this checklist to bring your records up to date:
- [ ] Review your current fire risk assessment and confirm it documents the hazards, people at risk, evaluation of precautions, and conclusions — not just the significant findings.
- [ ] Write the full assessment in your records, including the measures taken or planned.
- [ ] Record your fire safety arrangements under Article 11(2), covering how you plan, organise, control, monitor, and review them.
- [ ] Note the name and, where applicable, the organisation of anyone who carried out or reviewed the assessment.
- [ ] If your premises are multi-occupied, identify all responsible persons, share information, and keep cooperation records.
- [ ] Share the assessment with residents where the building is residential.
- [ ] Keep superseded versions and a multi-year run of test, maintenance, and training records.
- [ ] Review your assessment regularly under Article 9(3), and immediately after any significant change.
Frequently asked questions
What is Section 156 of the Building Safety Act 2022? Section 156 of the Building Safety Act 2022 is the amendment to the Regulatory Reform (Fire Safety) Order 2005 that removed the five-employee threshold for recording a fire risk assessment. It came into force on 1 October 2023 and requires every responsible person to record their assessment in full.
When did Section 156 come into force? Section 156 came into force in England and Wales on 1 October 2023.
Do small businesses need to keep a written fire risk assessment? Yes. The old threshold that tied the recording duty to employing five or more people was removed by section 156. Every responsible person must record their fire risk assessment, regardless of headcount.
What must my fire risk assessment record contain? Under Article 9(7)(a) of the RRO 2005, the record must contain the findings of the assessment, including the measures which have been or will be taken. Under Article 9(7)(b), it must name any group of persons identified as being especially at risk.
Is a summary of significant findings enough? No. Section 156 struck out the word "significant" from Article 9(7)(a). A one-page summary no longer meets the duty. Your records must show the assessment itself — hazards considered, people at risk, the evaluation of existing measures, and the conclusions.
Do I need to record who carried out the assessment? Yes. Section 156 requires you to record the identity of anyone engaged to make or review the assessment, including their name and, where applicable, organisation.
Must I tell residents about my fire risk assessment? In multi-occupied residential buildings, the cooperation duty requires you to share information with residents. The Fire Safety (England) Regulations 2022 also require resident-facing records for certain high-rise duties.
What is the penalty for failing to record a fire risk assessment? Enforcement rests with the local fire and rescue authority under Article 30 and Article 32 of the RRO 2005. Breaches can lead to an unlimited fine on conviction.
How often should the assessment be reviewed? Article 9(3) requires review regularly so the assessment stays up to date — at least annually as a baseline, and immediately after any significant change to the premises, occupancy, or fire precautions.
Summary
Section 156 of the Building Safety Act 2022 made the written recording duty universal. Since 1 October 2023, every responsible person must record the full fire risk assessment, the fire safety arrangements, the assessor's identity, and cooperation information. The old five-employee threshold is gone.
The fix is straightforward: review your current assessment, write it in full, record your arrangements, note who assessed the premises, share information with residents and any other responsible persons, and keep a proper run of records. If your current paperwork is still a summary, it is non-compliant and should be replaced.
For in-depth, premises-specific advice, book a fire risk assessment with HawkSwift or read our guide to what a fire risk assessment must cover.
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