2026-10-11 · HawkSwift Ltd

SFAIRP: So Far As Is Reasonably Practicable Explained

The phrase SFAIRP — "so far as is reasonably practicable" — is the legal test at the heart of UK fire safety law. If you are the responsible person for non-domestic premises in England or Wales, every fire safety decision you make is measured against it. This guide explains what the test means, where it sits in the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), how it changes under the Building Safety Act 2022, and the practical steps to apply it correctly.

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What SFAIRP actually means

SFAIRP is shorthand for the duty to ensure, so far as is reasonably practicable, that the thing in question is done or that the risk is mitigated. In fire safety, it appears in the general fire precautions duty in article 8 of the RRO 2005 (S.I. 2005/1541). It is not a loophole and it is not an invitation to cut corners. It is a balancing test.

The test asks you to weigh the level of risk against the measures needed to control it, considering the cost, time, and effort involved, and then to take the precautions that are proportionate to the risk. If a precaution is genuinely not reasonably practicable — because the risk it addresses is negligible, or the burden of removing it is grossly disproportionate — you do not have to take it. But the burden of proving that a precaution was not reasonably practicable falls on you, the responsible person.

Where the test sits in the law

The RRO 2005 is the principal fire safety regulation for most UK premises. It applies to virtually all non-domestic premises in England and Wales, and to the common parts, structure, and external walls of blocks of flats and houses in multiple occupation. Its duties sit on a person, not a building: the responsible person, defined in article 3 of the Order.

Article 8 imposes two general duties:

Article 8(1)(a): the responsible person must take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees.
Article 8(1)(b): in relation to every other person who may be lawfully on the premises or in the immediate vicinity, the responsible person must take such general fire precautions as may reasonably be required in the circumstances to ensure that the premises are safe.

The word "reasonably practicable" first appears in article 8(1)(a), and it is the same test used throughout the Order. It means you must consider not just the risk of fire, but also the cost and effort of reducing it, and you must balance those against the likelihood and severity of harm. As article 3 clarifies, the responsible person is, in a workplace, the employer if the workplace is under their control; in any other premises, it is the person who has control of the premises in connection with a trade, business, or other undertaking, or the owner where no such person exists.

SFAIRP and the fire risk assessment duty

The fire risk assessment itself is where the SFAIRP test is applied most concretely. Under article 9 of the Order, 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 needed to comply with the Order.

Relevant persons include employees, contractors, customers, visitors, and anyone else who may be lawfully on the premises. The assessment must identify fire hazards, identify people at risk, evaluate the risks and existing measures, record the findings, and review the assessment regularly. Under article 9(6), the responsible person must make a record of the assessment or review as soon as practicable, and that record must include the prescribed information in article 9(7).

Since 1 October 2023, section 156 of the Building Safety Act 2022 amended the RRO 2005, removing the word "significant" from the prescribed contents of the record. The record must now contain the findings of the assessment in full, not just the significant findings. Section 156 also removed the old employee-count threshold: the written recording duty applies to every responsible person, regardless of headcount.

The "reasonably practicable" balancing test in practice

Take a concrete example. If you run a shop, the risk of a fire starting in a store is real but generally manageable with detection, alarm, and clear escape routes. Under the SFAIRP test, you must record the assessment, identify people at risk, and maintain the precautions that are proportionate to the risk. The test does not allow you to decide that a risk is acceptable simply because it is cheaper not to fix it.

A genuine SFAIRP decision is one where you have genuinely considered the risk and the cost of mitigation, and concluded that further measures would be grossly disproportionate to the risk. These decisions are made case by case. They are documented, reviewed, and ideally evidenced — because the burden of proof is on you.

What the test does not mean

Common misunderstandings load the test with the wrong meaning:

SFAIRP does not mean "so far as is practicable" without the reasonableness part. You must still weigh cost and effort against the risk.
SFAIRP is not a substitute for a fire risk assessment. The assessment is the own document you use to apply the test.
SFAIRP does not excuse you from recording. Section 156 of the Building Safety Act 2022 removed the employee threshold, so every responsible person must record their assessment and fire safety arrangements in writing.
SFAIRP does not alter who is the responsible person. That duty is fixed by article 3 of the Order.

How the test interacts with other duties

The SFAIRP test sits inside a wider web of duties, all of which the responsible person must satisfy:

Article 9 — the fire risk assessment duty, including the recorded record.
Article 11 — the general fire precautions and other measures; under article 11(2) the responsible person must record the arrangements for planning, organising, controlling, monitoring, and reviewing those measures.
Article 17 — maintenance of fire-fighting equipment and emergency lighting.
Article 18 — the duty to appoint one or more competent persons to assist in undertaking the preventive and protective measures.
Article 21 — the duty to provide staff with fire safety instruction and training.
Article 22A — where a pub changes hands, the outgoing responsible person must pass the assessment, the assessor's identity, and any building safety information to the incoming operator.
Article 30 and Article 32 — enforcement. Article 30 gives the enforcing authority power to serve an enforcement notice where a duty has not been complied with; Article 32 makes failure to comply with certain articles an offence, punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by a fine, or imprisonment for a term not exceeding two years, or both.

The Building Safety Act 2022 and the recording duty

Section 156 of the Building Safety Act 2022 (BSA 2022) rewrote three recording duties in the RRO 2005, all in force from 1 October 2023:

the assessment or review must be recorded in full;
the record must include the findings of the assessment, including the measures taken or to be taken;
the fire safety arrangements must be recorded.

These changes mean the old "five or more employees" threshold no longer applies. Every responsible person, from a one-person workshop to a large estate, must hold a written assessment and a written record of their fire safety arrangements.

Applying the SFAIRP test: the practical checklist

Use this checklist to apply the test to your premises:

1. Identify the responsible person (article 3). If more than one person controls parts of the premises, identify all of them and cooperate under the duties in article 8 of the Order. 2. Carry out a suitable and sufficient fire risk assessment under article 9, covering hazards, people at risk, and existing measures. 3. Record the assessment in full under article 9(6) and 9(7) — not just significant findings. 4. Record the fire safety arrangements under article 11(2), covering how you plan, organise, control, monitor, and review your preventive and protective measures. 5. Note the identity of anyone you engage to carry out or review the assessment, including their name and, where applicable, organisation. 6. Identify and, where the premises are shared, cooperate with any other responsible persons. 7. Review the assessment regularly under article 9(3), and immediately after any significant change to the premises, occupancy, or fire precautions. 8. Keep superseded versions and a meaningful run of test, maintenance, and training records.

Compliance checklist

[ ] Responsible person identified under article 3 of the RRO 2005.
[ ] Suitable and sufficient fire risk assessment completed under article 9.
[ ] Assessment recorded in full under article 9(6) and 9(7) (post-1 Oct 2023; section 156 of BSA 2022).
[ ] Fire safety arrangements recorded under article 11(2).
[ ] Competent persons appointed under article 18, and their identity recorded.
[ ] Other responsible persons identified where premises are shared.
[ ] Assessment reviewed regularly under article 9(3) and after any significant change.
[ ] Records kept for the life of the premises, plus a run of test, maintenance, and training records.

Frequently asked questions

What does SFAIRP mean for my business? It means your fire safety decisions must be proportionate to the risk, and the burden of proving any decision was "not reasonably practicable" is yours. The RRO 2005 and the Fire Safety (England) Regulations 2022 leave no room for guessing: every responsible person must record their assessment and fire safety arrangements, and the Fire Safety Act 2021 added further duties for higher-risk buildings.

Is SFAIRP the same as "reasonably practicable"? Yes. The phrase "so far as is reasonably practicable" is the full legal term; "reasonably practicable" is the abbreviated form you will see in guidance and invoices. Both refer to the same balancing test in articles 3, 8, 9, and 11 of the Order.

Does the five-employee threshold still apply? No. Since 1 October 2023, section 156 of the Building Safety Act 2022 struck out the employee-count threshold. Every responsible person must record their fire risk assessment in full, including the fire safety arrangements.

What must my assessment record contain? Under article 9(7)(a) of the RRO 2005, the record must contain the findings of the assessment, including the measures taken or to be taken, and under article 9(7)(b) any group of persons identified as being especially at risk. Section 156 of the Building Safety Act 2022 removed the word "significant" from the first category.

Who decides what is "reasonably practicable"? The courts decide in enforcement and prosecution cases. The Order places the burden of proof on the responsible person to show a precaution was not reasonably practicable. That is why the balance is documented, not left to memory.

What are the penalties for failing the test? Enforcement rests with the local fire and rescue authority under article 30. A failure to comply with the recording duties — and with the general fire precautions duties on which they sit — can lead to enforcement notices and, for certain articles, an offence punishable under article 32 on summary conviction by a fine not exceeding the statutory maximum, or on indictment by a fine, or imprisonment for a term not exceeding two years, or both.

Do I need a written fire risk assessment if I employ fewer than five people? Yes. Since 1 October 2023, section 156 of the Building Safety Act 2022 removed the threshold. Every responsible person must record their assessment, regardless of headcount.

Summary

SFAIRP is the balancing test that governs every fire safety decision the responsible person makes under the RRO 2005. It is not a licence to defer: it sets out how you weigh risk, cost, and effort, and the burden of proving a precaution was not reasonably practicable sits with you. Since 1 October 2023, section 156 of the Building Safety Act 2022 has made the written recording duty universal, so every responsible person must record the full assessment, the fire safety arrangements, the assessor's identity, and any cooperation information. The fix is straightforward: review your current assessment, write it in full, record your arrangements, note who assessed the premises, and keep a proper run of records. If your current paperwork is still a summary, it is non-compliant and should be replaced.

For premises-specific, non-legislative guidance, book a fire risk assessment with HawkSwift, or read our guide to what a fire risk assessment must cover.

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