What Happens Without a Fire Risk Assessment?
The Legal Position
If you are a responsible person under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), you must carry out a fire risk assessment. This applies to virtually all non-domestic premises in England and Wales, including offices, shops, warehouses, care homes, and blocks of flats with common areas. The RRO 2005 places this duty on employers, owners, landlords, or anyone with control of the premises.
The Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 (MHSWR 1999) reinforce this through general duties to ensure safety so far as is reasonably practicable and to conduct suitable and sufficient risk assessments.
Enforcement Action
Fire and rescue authorities have powers to inspect your premises and review your fire risk assessment. If you cannot produce one, or if it is inadequate, inspectors can issue:
- Alterations notices – requiring changes to how you manage fire safety
- Enforcement notices – demanding specific remedial work with deadlines
- Prohibition notices – restricting or stopping use of the premises entirely
These notices become public records and can affect your insurance, contracts, and reputation.
Prosecution and Penalties
Courts treat fire safety breaches seriously. Under the RRO 2005, failure to comply with fire safety duties is a criminal offence. Penalties include:
- Unlimited fines for regulatory breaches
- Up to two years' imprisonment for serious offences
Recent prosecutions have seen fines ranging from several thousand to hundreds of thousands of pounds, depending on the size of the organisation, the severity of the risk, and whether harm occurred. Directors and senior managers can be held personally liable.
Insurance and Liability Consequences
Without a valid fire risk assessment, your property insurance may be void or reduced. Insurers typically require evidence of compliance with fire safety law. After a fire, they will investigate whether you met your duties. If you cannot show a suitable assessment, your claim may be rejected.
You also face civil liability. If someone is injured or killed in a fire, and you have no assessment to demonstrate you took reasonable steps, you are exposed to costly personal injury claims and potential corporate manslaughter proceedings.
What a Proper Assessment Involves
A suitable and sufficient fire risk assessment follows PAS 79 (the publicly available specification for fire risk assessment) and relevant British Standards such as BS 5839 (fire detection and alarm systems) and BS 9999 (fire safety in the design, management and use of buildings). It should:
- Identify fire hazards and people at risk
- Evaluate and remove or reduce risks
- Record findings and prepare an emergency plan
- Provide training and instruction
- Review and update regularly
How HawkSwift Can Help
HawkSwift Ltd provides fire risk assessments from £199 + VAT, delivered by NEBOSH-qualified assessors with reports returned within 48 hours. We work with businesses across the UK to ensure compliance with RRO 2005, PAS 79, and British Standards—giving you documented evidence that your duties are met.
If you are unsure whether your current assessment is adequate, or if you have never had one conducted, we recommend a professional review. Fire safety law does not specify who must carry out the assessment, but it must be completed by a competent person with sufficient training, knowledge, and experience.
Book a fire risk assessment with HawkSwift today to protect your premises, your people, and your business.
---
*This article provides general guidance on UK fire safety law and does not constitute formal legal advice. For specific circumstances, consult a qualified fire safety professional or legal adviser.*