Can I Do My Own Fire Risk Assessment? A Complete Legal Guide
Introduction
One of the most common questions we hear from business owners and landlords is: "Can I do my own fire risk assessment?" It is a fair question. The Regulatory Reform (Fire Safety) Order 2005 does not explicitly require you to hire a professional assessor. The law places the duty on the Responsible Person — and that person can, in theory, carry out the assessment themselves.
However, the reality is more nuanced. While you are legally permitted to conduct your own fire risk assessment, you must be genuinely competent to do so. The law does not accept "I did my best" as a defence. If a fire occurs and your assessment is found to be inadequate, you could face enforcement notices, unlimited fines, and even imprisonment.
This guide explains exactly what the law requires, when self-assessment is appropriate, when you need a professional, and how to ensure your assessment stands up to scrutiny from fire officers, insurers, and courts.
What the law says
The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) is the primary legislation governing fire safety in non-domestic premises in England and Wales. The key articles relevant to self-assessment are:
Article 9 — Fire risk assessment
Article 9(1) states: "The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed upon him by or under this Order."
This means the Responsible Person must ensure a fire risk assessment is carried out. It does not say who must carry it out — only that the Responsible Person is accountable for ensuring it happens and that it is "suitable and sufficient."
Article 18 — Competent persons
Article 18(1) states: "The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures."
Article 18(2) defines a competent person as someone with "sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures."
This is the critical test. If you are the Responsible Person and you choose to carry out the assessment yourself, you must be able to demonstrate that you meet this standard of competence.
Article 22 — Co-operation and co-ordination
Where multiple Responsible Persons share premises, they must co-operate and co-ordinate their fire safety measures. This is particularly relevant in multi-occupied buildings such as shopping centres, office blocks, and HMOs.
What "suitable and sufficient" means
The law requires your fire risk assessment to be "suitable and sufficient." This is not a vague standard — it has a specific legal meaning. A suitable and sufficient assessment must:
1. Identify all significant fire hazards — sources of ignition, sources of fuel, and sources of oxygen. 2. Identify all persons at risk — employees, visitors, contractors, members of the public, and particularly those at special risk (children, elderly, disabled, sleeping occupants). 3. Evaluate the risk of fire occurring — how likely is a fire to start? 4. Evaluate the risk to people from fire — if a fire does start, how will it affect the people in and around the premises? 5. Remove or reduce risks — eliminate hazards where possible, and put in place fire precautions to protect people. 6. Record the findings — if you employ 5 or more people, or if the premises are licensed or subject to an alterations notice, you must record the significant findings. 7. Provide an action plan — what needs to be fixed, by whom, and by when. 8. Be reviewed regularly — at least annually, and immediately after any significant change.
If your assessment does not meet all of these criteria, it is not suitable and sufficient — and you are in breach of the law.
When self-assessment is appropriate
Self-assessment may be appropriate where:
- Your premises are small and simple — a single-floor office with a handful of employees, no sleeping accommodation, no commercial cooking, and straightforward escape routes.
- You have genuine fire safety knowledge — you have formal training, qualifications, or extensive experience in fire safety.
- You have the time to do it properly — a thorough assessment takes time. Rushing through it is worse than not doing it at all.
- You are honest about your limitations — if you are not confident, you should seek professional help.
Examples of premises where self-assessment may be appropriate:
- Small retail shops (under 100m², single floor)
- Small offices (under 50m², single floor)
- Small workshops with low fire risk
When you need a professional assessor
You should strongly consider hiring a qualified fire risk assessor when:
Complex premises
- Multi-storey buildings
- Buildings with shared escape routes
- Large premises (over 500m²)
- Multi-building sites
- Premises with complex layouts or unusual construction
High-risk premises
- Care homes and nursing homes
- Hospitals and clinics
- Schools and nurseries
- Hotels, B&Bs, and guest houses
- HMOs with 3+ flats
- Hostels and shelters
- Any premises with sleeping accommodation
High-risk activities
- Commercial kitchens and restaurants
- Premises with deep fat fryers or commercial cooking
- Industrial premises
- Premises storing flammable materials
- Premises with welding, hot works, or other ignition risks
Public assembly
- Theatres and cinemas
- Pubs and nightclubs
- Sports venues
- Shopping centres
- Places of worship with large congregations
Legal requirements
- If you are required to hold a licence (e.g., premises licence, HMO licence)
- If your premises are subject to an alterations notice
- If you have previously received an enforcement notice
The risks of inadequate self-assessment
If you carry out your own fire risk assessment and it is found to be inadequate, the consequences can be severe:
Enforcement notices
A fire and rescue authority can serve an enforcement notice requiring you to fix specific failings by a deadline. Ignoring an enforcement notice is a separate criminal offence.
Prohibition notices
In serious cases, the fire authority can serve a prohibition notice that closes your premises immediately. You cannot trade until the risk is fixed — and the lost revenue is yours to absorb.
Prosecution
Breaching the Fire Safety Order is a criminal offence. Courts can impose unlimited fines. Serious breaches — particularly where they put people at death or serious injury — carry a custodial sentence of up to 2 years for the Responsible Person.
Insurance implications
Most commercial insurance policies require you to comply with fire safety law. If you have no suitable and sufficient assessment, your insurer may reduce or refuse a fire claim. This can be devastating precisely when you need the payout most.
Civil liability
If someone is hurt in a fire and your fire precautions were inadequate, you may face civil injury claims from employees, tenants, or visitors. The criminal case is only the start.
What a professional assessor brings
A qualified fire risk assessor brings:
- Formal qualifications — NEBOSH, IFE, or equivalent fire safety qualifications
- Experience across premises types — they have assessed hundreds of different premises and know what to look for
- Knowledge of current legislation — they stay up to date with changes to the law, guidance, and case law
- PAS 79 methodology — they follow the recognised UK standard for fire risk assessment
- Court-defensible reports — their reports are structured to withstand scrutiny from fire officers, insurers, and courts
- Independence — they have no commercial interest in finding problems that do not exist
- Ongoing support — they can answer questions, help with action plans, and provide annual reviews
How to choose a qualified assessor
When choosing a fire risk assessor, look for:
1. Relevant qualifications — NEBOSH Certificate in Fire Safety, IFE membership, or equivalent
- Experience in your sector — care homes, schools, and commercial kitchens all have specific requirements
- PAS 79 alignment — their assessments should follow PAS 79 methodology
- Professional indemnity insurance — this protects you if their assessment is found to be negligent
- Membership of a professional body — IFE, IFSM, or similar
- References and reviews — check their track record
The HawkSwift approach
At HawkSwift, our assessors hold NEBOSH qualifications in fire safety and construction. Every assessment follows PAS 79 methodology and produces a court-defensible written report with a prioritised action plan. We cover all premises types across England and Wales, from small offices to large care homes.
Our process: 1. Pre-assessment review — we gather information about your premises before the visit 2. Site visit — a thorough walk-through inspection of all areas 3. Risk evaluation — we identify hazards, assess risks, and evaluate existing precautions 4. Written report — a PAS 79-aligned report with clear findings and an action plan 5. Delivery — your report is emailed within 5 working days of the survey 6. Ongoing support — we are available to answer questions and help with your action plan
Frequently asked questions
Can I do my own fire risk assessment? Yes, if you are genuinely competent. The law requires the Responsible Person to ensure a suitable and sufficient assessment is carried out — but it does not say who must carry it out. If you have the knowledge, experience, and time, you can do it yourself.
Do I need a written fire risk assessment? Yes, if you employ 5 or more people, if your premises are licensed, or if an alterations notice applies. Even if none of these apply, it is strongly recommended — a written record is the only way to demonstrate compliance.
How often should I review my fire risk assessment? At least annually, and immediately after any significant change — structural alterations, change of use, new hazards, or after a fire incident.
What happens if I don't have a fire risk assessment? You are committing a criminal offence. Penalties include unlimited fines, up to 2 years in prison, prohibition notices, and enforcement notices.
How much does a professional fire risk assessment cost? From £199 + VAT for small, single-floor premises. Price scales with size, complexity, and property type.
Conclusion
You can do your own fire risk assessment — but only if you are genuinely competent. The law does not accept good intentions as a defence. If you are unsure, the safest approach is to appoint a qualified assessor who can provide a court-defensible report and give you peace of mind.
If you would like to discuss your premises or get a fixed-price quote, contact HawkSwift or book your assessment today.
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*This article is general guidance, not formal legal advice. For advice specific to your premises, book a HawkSwift assessment.*