Legal Guide · RRO 2005
Responsible Person Duties Under the Fire Safety Order 2005
Who the Responsible Person is, what the law requires them to do, and the penalties for getting it wrong. A plain-English guide to your legal obligations.
Quick Answer
The Responsible Person is the employer, building owner, or person in control of non-domestic premises. Under Article 9 of the Regulatory Reform (Fire Safety) Order 2005, they must ensure a suitable and sufficient fire risk assessment is carried out and kept up to date. Failure to comply is a criminal offence carrying unlimited fines and up to 2 years in prison.
Who is the Responsible Person?
Article 3 of the Regulatory Reform (Fire Safety) Order 2005 defines the Responsible Person as:
- In a workplace: the employer, if the workplace is under their control.
- If not a workplace: the person who has control of the premises in connection with carrying on a trade, business, or other undertaking (whether for profit or not).
- If no one is in control: the owner of the premises.
In practice, this is usually the landlord, building manager, managing director, or facilities manager. The duty is personal — it cannot be delegated away, though tasks can be delegated to a competent person.
Your legal duties under the RRO 2005
The Responsible Person has a series of specific legal duties. These are not optional — they are criminal obligations:
Carry out a fire risk assessment
You must ensure a suitable and sufficient fire risk assessment is carried out. This must be reviewed regularly and kept up to date. If you employ 5+ people, the significant findings must be recorded.
Apply general fire precautions
You must put in place and maintain the fire precautions necessary to safeguard people — detection and warning systems, escape routes, emergency lighting, fire-fighting equipment, and evacuation procedures.
Fire detection and fighting
Premises must be equipped with appropriate fire detection and fire-fighting equipment, maintained in good working order.
Emergency routes and exits
Routes to emergency exits and the exits themselves must be kept clear at all times. Emergency doors must open in the direction of escape.
Maintenance
All fire safety measures and equipment must be maintained in efficient working order. This includes regular testing of alarms, emergency lighting, and fire doors.
Appoint competent persons
You must appoint one or more competent persons to assist in undertaking preventive and protective measures. A competent person has sufficient training, knowledge, and experience.
Provide information and training
Employees must be provided with adequate fire safety training at induction and at regular intervals (at least annually). Training must cover fire risks, emergency procedures, and the use of fire-fighting equipment.
Co-operate and co-ordinate
Where two or more Responsible Persons share premises, they must co-operate and co-ordinate their fire safety measures.
Penalties for non-compliance
Breaching the Fire Safety Order is a criminal offence. The penalties are severe:
Unlimited fine
Courts can impose unlimited fines. Recent cases have run from tens of thousands to hundreds of thousands of pounds.
Up to 2 years prison
Serious breaches — particularly where they put people at risk — carry a custodial sentence for the Responsible Person.
Prohibition notice
Fire and Rescue Authorities can close your premises immediately until the risk is fixed.
Enforcement notice
Legally compels you to fix identified failings by a deadline. Ignoring one is a separate offence.
Ensure your premises are compliant
HawkSwift provides NEBOSH-qualified fire risk assessments that satisfy your duties under the RRO 2005. Fixed fees, 48-hour reports, ongoing support.
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