2026-10-14 · HawkSwift Ltd

UK Fire Safety Law Explained: RRO 2005 Duties for Businesses

Fire statistics

According to the Home Office 2024/25 Fire Statistics, there were 6,665 fires in non-domestic buildings in England in 2024/25. The leading causes are electrical distribution faults and cooking appliances.

If you run a business, manage a premises, or employ anyone on site, fire safety law applies to you. The cornerstone of UK fire safety law is the Regulatory Reform (Fire Safety) Order 2005 (the RRO 2005). This article explains what the law requires, who is responsible, and the steps you must take to comply.

Fire safety is not optional. Under UK law, the duty is on the person who controls the premises, not on the fire service. The RRO 2005 places a proactive duty on the "responsible person" to prevent fire, protect people, and keep the premises safe. This guide covers the legal basis, your duties, the authorities that enforce the law, and how to stay compliant.

What Is the Regulatory Reform (Fire Safety) Order 2005?

The RRO 2005 (SI 2005/1541) is the primary piece of legislation governing fire safety in non-domestic premises in England and Wales. Fire risk assessments sit at the heart of this duty. It replaced the old system of fire certificates and safety inspections under the Fire Precautions Act 1971 with a "duty holder" model based on the Health and Safety Executive (HSE) framework.

The Order applies to all non-domestic premises, including offices, shops, factories, warehouses, hospitals, schools, and places of worship, wherever people work or visit for business purposes. The only exception is the "single private dwelling" (a private home used exclusively as a residence).

In Scotland, the equivalent legislation is the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. The principles are similar, but the legislation differs. This guide focuses on England and Wales.

Who Is the Responsible Person?

Under Article 3 of the RRO 2005, the "responsible person" is the person or organisation that has control of the premises in connection with a trade, business, or other undertaking. For most businesses, this is:

the employer, where the premises are owned or exclusively occupied;
the owner or landlord, for leased or shared premises;
a managing agent or other person with control of the premises.

Where responsibility is shared, for example in a multi-occupied office building, the responsible persons must cooperate and coordinate with one another to ensure the whole premises is safe. A responsible person may also be an organisation, such as a limited company, rather than a living individual.

The Core Duties: Articles 5, 8 and 9 of the RRO 2005

The RRO 2005 places a set of specific duties on the responsible person. These are set out across Articles 5, 8 and 9 of the Order.

1. Carry out and keep under review a fire risk assessment (Article 9)

The responsible person must carry out a suitable and sufficient fire risk assessment. This is a systematic examination of the premises to identify:

fire hazards;
people who may be at risk;
measures to reduce or remove the risks.

The assessment must be recorded in writing where five or more people are employed, and it must be reviewed regularly and whenever there is a significant change to the premises, the work activity, or the number of people present. How often should you review a fire risk assessment?

2. Take general fire precautions (Article 8)

Article 8 requires the responsible person to take general fire precautions to safeguard people from the risk of fire. Fire doors and escape routes are part of these precautions. These precautions include:

maintaining fire detection and warning systems;
maintaining escape routes;
providing and maintaining firefighting equipment;
controlling ignition sources;
ensuring flammable materials are safely stored.

3. Record findings and prepare an emergency plan (Article 5)

Where five or more people are employed, the responsible person must record the significant findings of the risk assessment and prepare an emergency plan. The emergency plan should set out how people will be evacuated and how the fire service will be alerted, and it should be communicated to staff.

Other Relevant Legislation

The RRO 2005 does not operate in isolation. The responsible person must also have regard to other legislation, including:

the Health and Safety at Work etc. Act 1974;
the Management of Health and Safety at Work Regulations 1999, which require a suitable and sufficient assessment of the risks to the health and safety of employees;
the Regulatory Reform (Fire Safety) Order 2005 itself, as amended.

The Fire Safety Act 2021 and Fire Safety (England) Regulations 2022

The RRO 2005 has been amended by two key pieces of legislation that increased the consequences of non-compliance: the Fire Safety Act 2021 (c.24) and the Fire Safety (England) Regulations 2022 (SI 2022/13).

The Fire Safety Act 2021 (c.24) amended the RRO 2005 to extend its reach to multi-occupied residential buildings and to increase the maximum penalties for the most serious offences.
The Fire Safety (England) Regulations 2022 (SI 2022/13) made further amendments, including duties on responsible persons in high-rise residential buildings to provide information to fire and rescue services.

For most commercial businesses, the RRO 2005 remains the primary legal duty. The amendments chiefly affect residential blocks, but they raise the stakes for everyone by increasing the penalties for serious breaches.

Who Helps: Article 18 and Competent Persons

Under Article 18 of the RRO 2005, the responsible person must appoint one or more competent persons to assist in carrying out the preventive and protective measures. Who is a competent person? A competent person is someone who has sufficient training, knowledge, and experience for the work to be carried out. This might be an internal employee or an external consultant. The responsible person remains responsible for ensuring the duty is met, even where a competent person is appointed to assist.

The Consequences of Non-Compliance

Failure to comply with the RRO 2005 is a criminal offence. Under Article 32, the maximum penalty is an unlimited fine, and at the Crown Court, a term of imprisonment of up to two years. The Fire Safety Act 2021 increased the maximum penalty for the most serious offences.

Enforcement officers from the local fire and rescue service or the HSE have the power to inspect premises, serve enforcement notices, and bring prosecutions. Non-compliance can also invalidate business insurance, leaving you financially exposed in the event of a fire.

A Practical Compliance Checklist

Use this checklist to assess your own compliance:

[ ] A responsible person has been identified and notified.
[ ] A suitable and sufficient fire risk assessment has been carried out.
[ ] Fire hazards have been identified and controlled.
[ ] People at risk have been identified and protected.
[ ] Fire detection and warning systems are installed and maintained.
[ ] Escape routes are clear, unobstructed, and properly lit.
[ ] Firefighting equipment is provided and serviced.
[ ] Flammable materials are stored safely.
[ ] Staff have received fire safety training and awareness guidance.
[ ] The emergency plan is written, understood, and practised.
[ ] The assessment has been recorded in writing (where required).
[ ] The assessment has been reviewed regularly and after any significant change.

Frequently Asked Questions

Do I need a fire risk assessment if I employ only one person?

Yes. The RRO 2005 applies to all non-domestic premises regardless of size or number of employees. The recording requirement (writing down the findings) applies only where five or more people are employed, but the duty to carry out an assessment does not.

What is a "suitable and sufficient" fire risk assessment?

A suitable and sufficient assessment is one that systematically identifies the fire hazards, the people at risk, and the measures needed to remove or reduce the risks. It should be proportionate to the size, use, and risk profile of the premises, and it must be reviewed regularly.

Can I carry out my own fire risk assessment?

Yes, provided the person carrying out the assessment is competent. Competence means having sufficient training, knowledge, and experience. For many businesses, especially smaller ones, an external competent person such as a NEBOSH-qualified fire safety consultant can provide the necessary expertise.

How often should I review my fire risk assessment?

You must review the assessment regularly and immediately after any significant change to the premises, the work activity, or the number of people present. As a minimum, a review should take place annually. Our guide to review frequency covers the triggers in detail.

What is the penalty for failing to carry out a fire risk assessment?

Non-compliance is a criminal offence. Under Article 32 of the RRO 2005, the maximum penalty is an unlimited fine and, at the Crown Court, a term of imprisonment of up to two years.

Who enforces the RRO 2005?

Enforcement is usually carried out by the local fire and rescue service or the Health and Safety Executive (HSE), depending on the type of premises. They have the power to inspect premises, serve notices, and bring prosecutions for offences under the Order.

Key Takeaways

The RRO 2005 places legal duties on the responsible person for all non-domestic premises in England and Wales.
The core duties are set out in Articles 5, 8 and 9: carry out a suitable and sufficient risk assessment, take general fire precautions, and record findings and prepare an emergency plan.
Article 18 requires a competent person to assist with the preventive and protective measures.
Non-compliance is a criminal offence carrying an unlimited fine and, at the Crown Court, up to two years' imprisonment.
The Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 increased the penalties and extended the duties.

If you need help meeting your legal duties, HawkSwift provides competent-person support and fire risk assessments for businesses across the UK. Book a fire risk assessment for your office Our NEBOSH-qualified assessors can carry out a thorough, documented assessment tailored to your premises. Contact us to arrange your fire risk assessment today.

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