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

Understanding the "Responsible Person"

The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) places legal duties on the responsible person for non-domestic premises in England and Wales. Identifying who holds this role is the starting point for every fire-safety obligation under the Order. Getting it wrong can leave a building without anyone accountable for compliance — and that carries real legal and safety consequences.

Who Qualifies as the Responsible Person?

Article 3 of the RRO 2005 defines the responsible person. In most cases it is:

• 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 — for example, where the premises are unoccupied or the owner retains control of common parts.

In practice, the responsible person is whoever has the greatest degree of control over the premises and the activities carried out there. For a single-tenant office that is usually the employer. For a multi-let building it may be the landlord, managing agent or facilities manager for the common areas, with each tenant responsible for their own demise.

Where More Than One Responsible Person Exists

Many buildings have multiple responsible persons — a landlord for the structure and common parts, and individual tenants for their own units. Article 5 of the RRO 2005 allows duties to be shared, but it does not remove them. Each responsible person must co-operate and co-ordinate with the others to the extent that their respective duties overlap. Failure to do so is a common source of enforcement action.

Core Duties of the Responsible Person

Under Articles 8 to 22 of the RRO 2005, the responsible person must:

• Carry out a suitable and sufficient fire risk assessment and review it regularly.
• Put in place and maintain general fire precautions appropriate to the findings.
• Apply the principles of prevention set out in Part 2 of Schedule 1.
• Appoint one or more competent persons to assist with preventive and protective measures.
• Provide employees with clear, relevant information, instruction and training on fire safety.
• Establish procedures for serious and imminent danger, including emergency routes and exits.
• Where dangerous substances are present, eliminate or reduce the risk so far as is reasonably practicable.

These duties are qualified by the phrase "so far as is reasonably practicable", meaning the measures must be proportionate to the risk. PAS 79 provides a structured methodology for carrying out the fire risk assessment that satisfies this requirement.

Interaction with Other Legislation

The RRO 2005 does not operate in isolation. The Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 impose overlapping duties on employers to ensure the health and safety of employees and non-employees. Where premises fall under both regimes, the responsible person must satisfy the requirements of each. Fire-safety measures should also align with relevant British Standards, including BS 9999 (fire safety in the design, management and use of buildings) and BS 5839 (fire detection and alarm systems), where applicable.

Consequences of Non-Compliance

Enforcement rests with the local fire and rescue authority. Where the responsible person fails to comply, the authority may issue alterations notices, enforcement notices or prohibition notices. Breach of the Order is a criminal offence that can lead to unlimited fines and, for the most serious cases, imprisonment of up to two years. Directors and senior managers can also face personal liability.

Getting It Right

Identifying the responsible person correctly, keeping the fire risk assessment up to date and acting on its findings is the foundation of legal compliance. If you are unsure who holds the duty in your building, or whether your current assessment meets the standard required under the RRO 2005, HawkSwift can help. Our NEBOSH-qualified assessors deliver thorough fire risk assessments from £199 + VAT, with reports issued within 5 working days. Book a fire risk assessment to make sure your premises are covered.

*This article is general guidance and does not constitute formal legal advice. For advice specific to your circumstances, consult a qualified fire-safety professional.*