Fire Risk Assessment and the Regulatory Reform Order 2005 Explained Clearly

If you are responsible for a workplace, commercial property, HMO, block of flats or shared building, the Regulatory Reform (Fire Safety) Order 2005 is likely to affect you. It is the main fire safety law for most non-domestic premises in England and Wales, including workplaces and the common parts of buildings containing two or more domestic premises. The law places duties on the person with control of the premises, known as the Responsible Person, to assess fire risk, record the assessment and maintain suitable fire precautions.

For many landlords, managing agents and business owners, the difficult part is not knowing that fire safety matters. It is knowing exactly what the law expects, who is responsible and whether the current assessment is good enough. A report may exist but be out of date, too general, incomplete or no longer matched to the way the building is used. That can create problems when an insurer, client, resident, enforcing authority or other party asks what has been assessed and what action has followed.

ClearFire carries out fire risk assessments for landlords, managing agents and businesses that want a clear written report and direct access to the assessor who visited the premises. This guide explains what the Fire Safety Order means, who it applies to and why the assessment is central to meeting those duties.

What the Regulatory Reform Fire Safety Order 2005 is

The Regulatory Reform (Fire Safety) Order 2005 brought much of the fire safety law applying to workplaces and other non-domestic premises into one framework. Its approach is based on risk assessment and ongoing management rather than relying on a fire certificate issued at one point in time. The person responsible for the premises must understand the risks present and keep the precautions under review as the building and its use change.

The Order applies across England and Wales. It covers workplaces, commercial premises, premises open to the public and the common parts of multi-occupied residential buildings. It does not normally apply inside a single private dwelling, but it can apply to shared areas such as entrance halls, staircases, corridors, service cupboards, plant rooms and escape routes in residential buildings containing more than one home.

That distinction matters for landlords and managing agents. The flats themselves may be private homes, while the areas used collectively still fall within the fire safety duties of the person who controls them. The assessment therefore needs to follow the real boundaries of responsibility rather than simply the ownership of the building.

Who the Responsible Person is

The Responsible Person is the person or organisation with control over the premises. In a workplace, this is often the employer. In a commercial property it may be the tenant, landlord or both, depending on which areas each party controls. In a residential building it may be the freeholder, landlord, residents’ management company or managing agent.

Control matters more than job title. A person who can arrange work, instruct contractors, manage access, decide how a space is used or deal with maintenance may have duties for that area. Shared buildings often have more than one Responsible Person, which means the different parties need to understand how their responsibilities connect.

Problems arise when everyone assumes somebody else is dealing with the issue. A tenant may expect the landlord to cover everything, while the landlord assumes the occupier is responsible for the whole premises. A managing agent may organise maintenance but receive incomplete information from the owner. A good assessment helps expose those gaps and gives the people involved a clearer basis for deciding what needs to happen.

Where the Fire Safety Order may apply

What a fire risk assessment should cover

A fire risk assessment should identify how a fire could start, who could be harmed and whether the existing precautions are suitable. It should consider the layout, use of the premises, people present, escape arrangements and the way fire safety systems and procedures are managed. The findings should then set out what needs to be improved, repaired, checked or monitored.

The assessment should reflect the actual premises rather than a generic version of the building type. A small office with a simple layout does not need the same depth of consideration as a large shared building, an HMO or a residential block with communal areas. The level of detail should match the complexity and risk.

Relevant matters can include escape routes, exits, fire detection and warning, emergency lighting, firefighting equipment, fire doors, signage, management records, vulnerable people, staff training and emergency procedures. The report should also make clear where further specialist advice is needed rather than making assumptions outside the assessor’s scope.

A report is useful only if the findings can be acted on. Vague comments create uncertainty for the person responsible. Clear findings allow a landlord, managing agent or business owner to understand what matters most and what should happen next.

What suitable and sufficient means

The Fire Safety Order requires a suitable and sufficient assessment of risk. That means the assessment needs to be appropriate for the building and detailed enough to identify the significant fire risks and the general precautions needed to manage them.

Suitable means the approach should fit the premises. A shop, office, HMO, warehouse and residential building all present different questions. Sufficient means the assessment should go far enough to support sensible decisions. If obvious concerns are missed, the building is poorly described or the recommendations do not tell the client what to do, the report may not provide the clarity the Responsible Person needs.

For managing agents, this matters because the document may be used to brief freeholders, obtain contractor quotations and respond to resident questions. For landlords, the same report may be needed during licensing, insurance or property-management discussions. For business owners, it becomes part of the evidence showing how workplace fire risk is being managed.

Why the written record matters more now

Section 156 of the Building Safety Act 2022 strengthened the recording duties under the Fire Safety Order. Responsible Persons must record the fire risk assessment in full, including all findings, and record their fire safety arrangements. If someone is appointed to help carry out or review the assessment, their identity should also be recorded.

This removed older limitations that meant some information only had to be recorded in particular circumstances. Smaller businesses, landlords and managing agents should therefore avoid relying on old assumptions about when a written record is necessary.

The written assessment also creates continuity. Tenants move, managing agents change and buildings are sold. Contractors complete work and staff responsible for compliance move on. A clear record shows what was assessed, what was recommended and what action was taken, making it easier for the next person to understand the history of the premises.

What this means for landlords

Landlords should pay close attention to the areas they control, especially shared parts and rented premises used by other people. In a residential building, the common areas may be within the Fire Safety Order even though individual flats are private homes. In an HMO, shared routes and management arrangements can make the position more involved.

The assessment should consider whether escape routes remain usable, whether relevant doors and warning arrangements are suitable, whether records are available and whether changes have taken place since the previous review. Storage in shared areas, damaged doors, changes in occupancy and unclear responsibility between landlord and tenant can all affect the current position.

Waiting until a licence renewal, insurer request or complaint is received can make the process more difficult. Keeping the assessment connected to the property gives the landlord more control over what needs to be done and when.

What this means for managing agents

Managing agents often have to turn fire safety findings into practical work. They may need to brief directors, speak to residents, arrange contractor access and keep evidence of completed actions. A report that lists concerns without explaining their significance makes that job harder.

The most useful assessments separate immediate concerns from routine management matters and identify when another contractor or specialist needs to become involved. They also give enough context for the managing agent to explain why a recommendation has been raised rather than simply forwarding a technical document.

Direct access to the assessor can be particularly valuable when questions arise. ClearFire’s approach is based on Jon or Kevin carrying out the visit themselves so the person responding afterwards understands the building and the reasoning behind the findings.

What this means for business owners

For business owners, the Fire Safety Order forms part of running safe premises. Staff, visitors and contractors need arrangements that work for the way the workplace is actually used. A small office may need straightforward actions, while a larger workplace or shared building may involve several parties and more complex escape arrangements.

The assessment should help the business understand how people would be warned, how they would leave, what staff need to know and whether maintenance records support the systems in place. It should also identify where responsibility is shared with a landlord or managing agent rather than leaving the occupier to guess.

Most small and medium-sized businesses do not need unnecessary technical language. They need a reliable assessment, clear actions and a report they can use alongside the rest of their workplace management.

Can you carry out the assessment yourself

A Responsible Person may be able to carry out their own fire risk assessment where the premises are genuinely simple and they have enough knowledge and time to do the work properly. The difficulty is recognising when the building is no longer simple.

Shared escape routes, sleeping accommodation, several occupiers, older alterations and incomplete records can all add complexity. A template may help organise information, but it cannot judge the condition of a building or decide whether a particular arrangement is suitable.

Using a competent assessor provides an independent view and a written record based on the actual premises. The Responsible Person remains responsible for acting on the findings, but professional input can make the risks and next steps much clearer.

When a fire risk assessment should be reviewed

The assessment should be reviewed regularly and when there is reason to believe it may no longer be valid. There is no single expiry date that applies to every type of premises.

Refurbishment, layout changes, new tenants, altered occupancy, changes to escape routes, fire safety works, a fire or near miss, or significant new information can all justify an earlier review. The important question is whether the report still reflects the building and the way it is being used.

Many organisations choose an annual review as a management routine, but that should not replace judgement. A building that changes frequently may need attention sooner, while a simple stable premises may not change materially between routine reviews.

Why ClearFire writes reports people can use

Fire safety reports need to work after the assessor leaves. A landlord should be able to understand what requires attention. A managing agent should be able to progress actions. A business owner should be able to explain relevant findings to staff and keep records current.

ClearFire is a qualified local fire risk assessment service built around direct contact with the assessor carrying out the work. Jon and Kevin assess the premises themselves and write reports intended to be understood by the people responsible for the building, rather than only by other fire safety professionals.

That matters because an assessment affects real decisions about safety, responsibility, contractors and cost. The value lies in giving the client a clear basis for deciding what happens next.

Book a fire risk assessment with ClearFire

If you are responsible for an office, shop, warehouse, HMO, block of flats, commercial premises or shared building, the Regulatory Reform (Fire Safety) Order 2005 may place duties on you. The key question is whether the current assessment is suitable, sufficient, recorded properly and still relevant to the premises.

ClearFire carries out fire risk assessments across Bedfordshire, Buckinghamshire, Berkshire, Oxfordshire, Wiltshire and Gloucestershire. Contact ClearFire to discuss your premises and request a quote.