Responsible Person (Fire Safety)

Who Is the Responsible Person?

The Regulatory Reform (Fire Safety) Order 2005 (RRO) defines the responsible person as:

• The employer, where the premises are a workplace
• The person who has control of the premises, where they are not a workplace
• The owner, where neither of the above applies

In practice, this means the responsible person is typically the employer for an office or factory, the managing agent for a commercial building, the owner for a rented commercial property, or the residents' management company or landlord for a multi-occupied residential building. A premises can have more than one responsible person — for example, a tenant and a landlord may each have duties over different parts of the building.

Legal Duties of the Responsible Person

Under the RRO, the responsible person must:

• Carry out (or commission) a 'suitable and sufficient' fire risk assessment and review it regularly
• Implement any fire safety measures identified by the assessment
• Maintain fire safety measures — including fire detection, emergency lighting, escape routes, and fire doors — in efficient working order
• Ensure fire safety information and instruction is provided to employees and relevant persons
• Appoint and train a sufficient number of competent persons to implement emergency procedures
• Cooperate and coordinate with other responsible persons in multi-occupied premises
• Keep a record of the significant findings of the fire risk assessment (required for premises with 5 or more employees, or where a licence applies)

The Fire Risk Assessment

The fire risk assessment is the cornerstone of the responsible person's duties. It must identify fire hazards, evaluate the risk to people, and recommend and implement measures to reduce that risk to as low as reasonably practicable. The assessment must be reviewed regularly — immediately after a fire, after significant building changes, or if there is any reason to believe it is no longer valid.

The RRO does not require a fire risk assessment to be in writing unless there are five or more employees, a licence condition, or an alterations notice is in force. However, maintaining a written record is strongly recommended as evidence of due diligence.

What Happens If the Responsible Person Fails?

Failure to comply with the RRO is a criminal offence. The fire and rescue authority can issue:

• Enforcement notices — requiring specific improvements within a set timeframe
• Prohibition notices — restricting or prohibiting use of premises where there is serious risk to life
• Prosecution — unlimited fine and/or up to two years' imprisonment for serious breaches
• Alterations notices — requiring notification before any changes to high-risk premises

High-profile prosecutions have resulted in prison sentences for responsible persons who failed to maintain adequate fire safety, particularly following fatal fires. Personal liability cannot be avoided by delegation — the responsible person remains accountable.

How BFC Can Help

The British Fire Consortium's member companies include fire risk assessors, fire alarm engineers, fire door inspection specialists, and fire extinguisher service providers. Whether you need a fire risk assessment for the first time or a full programme of ongoing fire safety maintenance, use the BFC member directory to find a vetted, qualified specialist near you.