Fire Risk Assessment for Flats: Who Is the Responsible Person?

Understanding Your Legal Duty Under the Fire Safety Order

If you own, manage, or have control over a block of flats, UK law places a clear duty on you to manage fire risk. The Regulatory Reform (Fire Safety) Order 2005 (often called the Fire Safety Order) requires every non-domestic premises — including the common parts of a block of flats — to have a suitable and sufficient fire risk assessment carried out by a competent person.

The person who must ensure this happens is known as the responsible person. Identifying who holds that role is the first step in achieving compliance and, more importantly, keeping residents safe.

Who Qualifies as the Responsible Person?

Under Article 3 of the Fire Safety Order, the responsible person is typically:

• The freeholder of the block, if they retain management control
• The landlord, where the building is let to tenants
• A managing agent or property management company appointed to run the building
• The right-to-manage company, if leaseholders have taken over management
• An individual leaseholder, in limited cases where they have assumed responsibility for common areas through a lease or management agreement

In practice, the responsible person is whoever has day-to-day control over the common parts — corridors, stairways, lobbies, plant rooms, bin stores, and any shared facilities such as gyms or laundry rooms.

When More Than One Party Shares Responsibility

Many blocks of flats involve several parties with overlapping duties. For example, a managing agent may handle daily operations while the freeholder retains structural obligations. In these cases, co-operation and co-ordination are required under Article 22 of the Fire Safety Order.

Each party should be clear about which areas of fire safety they control. A well-drafted lease or management agreement usually sets this out, but where it does not, ambiguity can lead to dangerous gaps in compliance.

If you are unsure whether you are the responsible person for your building, we strongly recommend seeking professional guidance rather than assuming the duty falls elsewhere.

What the Responsible Person Must Do

The Fire Safety Order sets out specific duties, including:

• Carrying out a suitable and sufficient fire risk assessment and reviewing it regularly
• Implementing general fire precautions to reduce risk to residents and visitors
• Ensuring fire detection and warning systems in common areas are maintained
• Providing fire safety information to residents and any staff working in the building
• Establishing and practising an emergency plan
• Maintaining fire-fighting equipment, such as extinguishers, where provided

The assessment itself should follow recognised guidance, including PAS 79 (the published document that sets out a structured methodology for fire risk assessment) and any sector-specific guidance issued by the government.

How Often Should the Assessment Be Reviewed?

There is no fixed statutory interval, but the responsible person must ensure the assessment is reviewed regularly and whenever there is reason to suspect it is no longer valid. This includes after:

• A fire or near-miss incident
• Significant changes to the building's layout, use, or occupancy
• Renovation or refurbishment work affecting common areas
• Changes to fire safety legislation or guidance

As a general rule, most managing agents and freeholders arrange a full reassessment every 12 months, with informal reviews carried out more frequently.

Consequences of Non-Compliance

Failure to comply with the Fire Safety Order is a criminal offence. Local fire and safety authorities can issue enforcement notices, prohibition notices, and pursue prosecution. Penalties can include unlimited fines and, in the most serious cases, imprisonment.

Following the Grenfell Tower tragedy, scrutiny of fire safety in residential blocks has intensified significantly. The Fire Safety Act 2021 and Fire Safety (England) Regulations 2022 have added further duties, particularly around external wall systems and flat entrance doors. Staying compliant is not optional — it is a legal and moral obligation.

Get Expert Help from HawkSwift

Identifying the responsible person and ensuring your fire risk assessment is thorough and up to date can feel complex, particularly for blocks with multiple stakeholders. HawkSwift provides professional fire risk assessments carried out by NEBOSH-qualified assessors, with detailed reports delivered within 5 working days — from just £199 + VAT.

Whether you are a freeholder, managing agent, or right-to-manage company, we can help you meet your legal duties with confidence. book a fire risk assessment today and take the first step towards full compliance.