Who Is the Responsible Person Under the Fire Safety Order 2005?

Understanding the "Responsible Person" Under the RRO 2005

The Regulatory Reform (Fire Safety) Order 2005 (RRO) places the legal duty for fire safety squarely on the shoulders of the responsible person. This is not a vague title — it is a defined legal role with serious consequences for non-compliance. If you own, manage, or have control over any non-domestic premises in England and Wales, this duty almost certainly applies to you.

The RRO replaced a patchwork of older fire-safety legislation and shifted the focus from fire-service inspections to a risk-assessment-based approach. The responsible person must carry out (or commission) a suitable and sufficient fire risk assessment and act on its findings.

Who Exactly Is the Responsible Person?

Article 3 of the RRO defines the responsible person as:

• The employer, if the workplace is under their control in connection with their trade, business, or undertaking.
• The person who has control of the premises in connection with carrying on a trade, business, or other undertaking (whether for profit or not).
• The owner, where the person in control of the premises does not have a trade, business, or other undertaking — typically where the premises are simply leased out and the owner retains control of common parts.

In practice, the responsible person is often the employer, the building owner, the managing agent, or the facilities manager — whoever has the greatest degree of control over the premises and the people within them.

What Happens When There Is More Than One Responsible Person?

Many buildings — particularly multi-occupied offices, retail parks, and residential blocks with commercial units — have multiple responsible persons. In these situations, each duty holder must:

• Co-operate and co-ordinate with every other responsible person in the building.
• Share relevant fire-safety information, including the findings of their fire risk assessments.
• Take reasonable steps to ensure that everyone working in or visiting the building is safe from fire.

For example, the owner of a shopping centre is responsible for the common areas (corridors, stairwells, service yards), while individual shop tenants are responsible for their own units. Both parties must work together to ensure a coherent fire-safety strategy across the whole building.

What Are the Responsible Person's Key Duties?

The RRO sets out a comprehensive list of duties. The responsible person must:

• Carry out a suitable and sufficient fire risk assessment and review it regularly.
• Implement general fire precautions to reduce the risk of fire and the spread of fire.
• Ensure fire detection and warning systems are in place and maintained.
• Provide means of escape that are kept clear and usable at all times.
• Arrange for fire-fighting equipment to be provided and maintained.
• Provide information, instruction, and training to employees and relevant persons.
• Establish procedures for serious and imminent danger, including emergency plans.
• Appoint one or more competent persons to assist in preventive and protective measures.
• Ensure that any dangerous substances are safely managed.

These duties are ongoing, not one-off. A fire risk assessment is a living document that must be reviewed whenever there is a significant change — such as a change of use, building alterations, or a near-miss incident.

What Happens If the Responsible Person Fails in Their Duties?

Enforcement is carried out by the local fire and rescue authority. Where breaches are found, the fire authority can:

• Issue informal notices requiring action.
• Serve enforcement notices specifying steps that must be taken within a set timeframe.
• Serve prohibition notices that restrict or ban the use of premises where there is a serious risk to relevant persons.
• Prosecute the responsible person in the magistrates' court or Crown Court.

Conviction can result in unlimited fines and, in the most serious cases, imprisonment for up to two years. Directors and senior managers can also be held personally liable.

How HawkSwift Can Help You Meet Your Duties

Understanding who the responsible person is — and what they must do — is the first step. The next step is ensuring your fire risk assessment is thorough, up to date, and fully compliant with the RRO and relevant HSE and British Standards guidance.

At HawkSwift Ltd, our NEBOSH-qualified assessors carry out professional fire risk assessments for businesses across England and Wales. Reports are delivered within 5 working days, starting from just £199 + VAT. Whether you are a single-tenant office or a multi-occupied complex, we help you identify your duties, close compliance gaps, and protect the people in your building.

Book a fire risk assessment with HawkSwift today and make sure your responsibilities are in safe hands.