Who Is the Responsible Person Under UK Fire Safety Law?
Introduction
Under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), every non-domestic premises in England and Wales must have a named responsible person. This duty is not optional. If you own, manage, or control a workplace, you need to know whether you are the responsible person and what that means for your legal obligations.
Who Qualifies as the Responsible Person?
The RRO 2005 (Article 3) defines the responsible person as:
- The employer, if the premises are used as a workplace (to any extent)
- Any person who has control of the premises (for example, the owner or managing agent)
- Any person who has control of part of the premises under a contract or tenancy (for example, a tenant in a shared building)
In practice, this means a limited company director, a sole trader, a landlord, a facilities manager, or a building owner can all be the responsible person. If you employ staff, you are almost certainly the responsible person for fire safety.
What Are the Legal Duties?
The responsible person must comply with Article 8 to Article 22 of the RRO 2005. The core duties include:
- Carrying out a suitable and sufficient fire risk assessment (Article 9)
- Implementing appropriate fire safety measures based on that assessment
- Providing information, instruction, and training to employees (Article 21)
- Maintaining fire detection, warning systems, and emergency routes (Articles 13–14)
- Appointing competent persons to assist with fire safety (Article 18)
Failure to meet these duties can lead to enforcement action, prohibition notices, or prosecution. The Health and Safety at Work etc. Act 1974 (HSWA 1974) also places a general duty on employers to ensure, so far as is reasonably practicable, the health and safety of employees.
Who Else Might Be a Responsible Person in Shared Premises?
In buildings with multiple occupiers—such as offices, retail parks, or blocks of flats—the responsible person may be more than one person. The RRO 2005 (Article 5) extends the definition to anyone who has control of the premises by virtue of a contract or tenancy.
This means:
- The landlord or freeholder is often the responsible person for common areas (stairs, corridors, fire escapes)
- Each tenant is the responsible person for their own demised area
- A managing agent may be the responsible person if they have day-to-day control
Cooperation and coordination between responsible persons is required under Article 22 of the RRO 2005. You must share information about fire risks and fire safety measures.
What If You Are Not the Responsible Person?
If you are an employee, a contractor, or a visitor, you are not the responsible person. However, you still have duties under Article 23 of the RRO 2005. You must:
- Cooperate with the responsible person on fire safety matters
- Not do anything that might put yourself or others at risk
- Report any fire safety concerns to the responsible person
Employers must ensure that employees receive adequate fire safety training (Article 21). This includes knowing the fire evacuation procedure and how to use fire extinguishers if trained.
How to Fulfil Your Duties as the Responsible Person
The first step is to carry out a fire risk assessment. This is a legal requirement under Article 9 of the RRO 2005. The assessment must be reviewed regularly, especially if there are changes to the premises, the work activities, or the number of people present.
The assessment should follow the five-step approach set out in PAS 79:2020 (Fire Risk Assessment – Guidance and a Recommended Methodology) and the HSE’s guidance on fire safety:
1. Identify fire hazards (sources of ignition, fuel, and oxygen) 2. Identify people at risk (employees, visitors, vulnerable persons) 3. Evaluate, remove, or reduce risks and protect people 4. Record findings, prepare an emergency plan, and provide training 5. Review and update the assessment regularly
You must also appoint one or more competent persons to assist with fire safety (Article 18). This can be an employee or an external fire risk assessor. The competent person must have sufficient training, experience, and knowledge.
When Should You Appoint a Professional Fire Risk Assessor?
If you are not confident in carrying out the fire risk assessment yourself, or if your premises are complex, you should use a competent fire risk assessor. The HSE recommends that assessors hold a recognised qualification such as the NEBOSH Fire Certificate or be members of a professional body like the Institution of Fire Engineers.
HawkSwift Ltd provides fire risk assessments from £199 + VAT, carried out by NEBOSH-qualified assessors. We deliver reports within 5 working days, giving you a clear, practical action plan to meet your legal duties.
Book a fire risk assessment with HawkSwift today.
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*This article provides general guidance on the responsible person under the Regulatory Reform (Fire Safety) Order 2005. It does not constitute formal legal advice. For specific legal obligations, consult a qualified fire safety professional or solicitor.*