Who Can Carry Out a Fire Risk Assessment?

Under the Regulatory Reform (Fire Safety) Order 2005 (RRO), the responsible person for a premises has a legal duty to ensure a fire risk assessment is carried out. However, a common point of confusion is exactly who is permitted to perform this assessment. While the responsible person retains the legal liability, the actual task of assessing the fire risks is often delegated to a third party.

According to Article 9 of the RRO, the assessment must be completed by a competent person. Understanding what "competent" means in the eyes of the law is essential for ensuring your business remains compliant and safe.

The Legal Duty of the Responsible Person

Before determining who does the work, it is important to understand who carries the can. The RRO places the ultimate responsibility on the responsible person. In a workplace, this is usually the employer, the owner, or the occupier. In multi-occupied buildings, responsibility may be shared, but each party must ensure their specific area is compliant.

The responsible person must ensure that a suitable and sufficient fire risk assessment is in place. They can choose to do this themselves, but only if they have the necessary knowledge, training, and experience. If they lack these attributes, they must appoint someone else to do it on their behalf. Crucially, even if the work is outsourced, the responsible person remains accountable for the fire safety of the premises.

Defining a "Competent Person"

The term competent person is central to UK health and safety law, including the RRO. It does not simply mean someone who is willing to do the job. The Health and Safety Executive (HSE) and government guidance define competence as a combination of the following attributes:

• Knowledge: Understanding of the relevant fire safety legislation and the specific fire risks associated with the type of premises in question.
• Training: Formal education or training in fire safety principles.
• Experience: Practical experience of conducting assessments in similar environments.
• Ability: The capacity to apply their knowledge effectively to identify risks and implement appropriate control measures.

If you appoint an external assessor, you must take reasonable steps to ensure they meet these criteria. Relying on an unqualified acquaintance or a generic checklist without professional backing can leave you vulnerable to enforcement action.

The Role of Third-Party Assessors

For many businesses, particularly those with complex premises or high occupancy levels, outsourcing to a specialist fire safety consultancy is the safest and most practical option. A third-party assessor brings a fresh, objective pair of eyes to the building. They are not influenced by daily routines and may spot hazards that staff have become accustomed to ignoring.

When hiring a consultant, you should look for evidence of their professional standing. This includes accreditation by recognised professional bodies (such as the Institution of Fire Engineers) or certification against relevant British Standards, such as PAS 79 (Fire Risk Assessment – Guidance and a recommended methodology).

At HawkSwift, our assessors are NEBOSH-qualified, ensuring they possess the high level of technical knowledge required to interpret complex regulations and apply them accurately to your site.

Complex vs. Simple Premises

The level of competence required depends heavily on the complexity of the building. A small office with a straightforward layout, few staff, and simple means of escape may be assessed by the owner or manager if they have a solid understanding of basic fire safety.

However, for premises involving sleeping accommodation (such as hotels or care homes), high-rise buildings, or those with hazardous materials, the bar for competence is significantly higher. In these cases, a comprehensive understanding of active and passive fire protection systems is required. Professional guidance is almost always recommended for these higher-risk environments to ensure nothing is overlooked.

The Consequences of Non-Compliance

Failing to have a suitable and sufficient fire risk assessment carried out by a competent person is a criminal offence. The Fire and Rescue Services have the power to audit your premises at any time. If they find that your assessment is inadequate or missing, they can issue enforcement notices, prosecute, or in severe cases, close the business down.

Furthermore, an inadequate assessment can invalidate your insurance, leaving you financially exposed in the event of a fire. The cost of a professional assessment is minimal compared to the potential legal and financial repercussions of getting it wrong.

How HawkSwift Can Help

Ensuring your fire risk assessment is legally compliant does not need to be a burden. At HawkSwift Ltd, we provide professional, accurate, and practical fire safety compliance support across the UK. Our fire risk assessments start from £199 + VAT, and we pride ourselves on a quick turnaround, delivering detailed reports within 48 hours.

Whether you run a small retail unit or a large commercial office, our NEBOSH-qualified team will identify hazards and provide clear, actionable recommendations to keep you compliant. To secure your premises and gain peace of mind, book a fire risk assessment with us today.