Fire Risk Assessment for Flats: Who Is Responsible?

Understanding Responsibility in a Block of Flats

Under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), every block of flats must have a suitable and sufficient fire risk assessment. The law places this duty on the responsible person — but in a multi-occupied residential building, that role is not always straightforward. More than one person can share the duty, and confusion over who holds it is one of the most common compliance problems we see.

This article explains how responsibility is determined, what the responsible person must do, and where the boundaries of duty typically fall.

Who Is the "Responsible Person"?

The RRO 2005 defines the responsible person as:

• The employer, if the workplace is under their control;
• The owner or landlord, if the premises are not a workplace or the employer does not control them; or
• Any other person who has control of the premises, such as a managing agent or facilities manager.

In a block of flats, responsibility often sits with one or more of the following parties:

• The freeholder or building owner
• A residents' management company (RMC)
• A right-to-manage (RTM) company
• A managing agent acting on behalf of the above
• An individual leaseholder, but only for their own demised area

The key test is control: who has the authority and ability to carry out fire safety measures in the relevant part of the building?

Common Areas vs. Individual Flats

The RRO 2005 applies to common areas of blocks of flats — lobbies, stairways, corridors, plant rooms, bin stores, and external escape routes. It does not generally extend to the inside of individual flats, although this can vary depending on the lease terms and whether the responsible person has access or control.

This means the responsible person for the common parts must arrange and maintain a fire risk assessment that covers:

• Fire detection and alarm systems in shared areas
• Emergency lighting and signage
• Fire doors to stairways, lobbies, and service cupboards
• Means of escape routes and their condition
• Compartmentation between flats and common areas
• External wall systems and cladding, where relevant
• Procedures for residents and staff in the event of fire

When More Than One Person Has Duties

Many blocks involve several parties, each with control over different parts. For example:

• The freeholder may be responsible for the structure and external walls.
• A managing agent may control day-to-day maintenance of common areas.
• An RMC may hold the head lease and employ the agent.

In these cases, all parties with control have duties under the RRO 2005. They must co-operate and co-ordinate with each other to ensure fire safety across the building. Failure to do so — for instance, one party assuming another has arranged the fire risk assessment — is a common cause of non-compliance.

What the Responsible Person Must Actually Do

The RRO 2005 requires the responsible person to:

• Carry out a suitable and sufficient fire risk assessment and review it regularly
• Identify general fire precautions needed to protect relevant persons
• Record findings formally where five or more people are employed (good practice in all blocks)
• Implement and maintain fire safety measures
• Provide information, instruction, and training to residents and staff where appropriate
• Plan for an emergency

The assessment should follow recognised guidance such as PAS 79 and relevant HSE and Fire Sector Federation publications. It is not a tick-box exercise — it must reflect the actual layout, occupancy, and risks in the building.

How Often Should the Assessment Be Reviewed?

There is no fixed statutory interval, but the assessment must be reviewed regularly and whenever there is reason to suspect it is no longer valid. Changes that typically trigger a review include:

• Refurbishment or structural alterations
• Changes to the building's use or occupancy
• Installation or removal of fire safety systems
• Findings from fire enforcement or incident investigations

Most responsible persons arrange a full reassessment every 12 months, with interim reviews after any significant change.

Getting It Right

Identifying the responsible person and keeping the fire risk assessment up to date is essential — not only to comply with the law but to keep residents safe. Where responsibility is shared, clear communication between all duty holders is critical.

HawkSwift carries out fire risk assessments for blocks of flats across England and Wales. Our NEBOSH-qualified assessors deliver a clear, PAS 79-aligned report within 5 working days, with practical recommendations you can act on. Assessments start from £199 + VAT.

If you are unsure who holds responsibility in your building, or whether your current assessment is fit for purpose, book a fire risk assessment and we will guide you through the process.