Fire Safety Order: Landlord Obligations
Essential guide to the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021 for property owners.
Key Takeaways
- The 'responsible person' (usually the landlord) must carry out a fire risk assessment.
- The Fire Safety Act 2021 clarifies that the Order applies to the structure and external walls of multi-occupancy buildings.
- HMOs and buildings with common parts have the most stringent requirements.
- Regular reviews are essential — assessments must be updated when changes occur.
Who is the Responsible Person?
Under the Regulatory Reform (Fire Safety) Order 2005, the 'responsible person' is typically the landlord, managing agent, or freeholder. They must ensure a suitable and sufficient fire risk assessment is carried out, implement appropriate fire safety measures, and review the assessment regularly.
Fire Risk Assessment Requirements
A fire risk assessment must identify potential fire hazards, evaluate the risk to people, record findings and actions taken, review and update regularly, and be carried out by a 'competent person'. For simple properties, landlords may be able to carry out basic assessments themselves, but professional assessors are recommended for HMOs and larger buildings.
Expert Tip
“Always use a competent, third-party assessor for HMOs. Self-assessments are often challenged during enforcement and licensing reviews.”
Fire Safety Act 2021
The Fire Safety Act 2021 amended the 2005 Order to make clear that it applies to the structure, external walls (including cladding and balconies), and flat entrance doors of multi-occupancy residential buildings. This was a direct response to the Grenfell Tower tragedy and closed a loophole in the original legislation.
Common Fire Safety Requirements
Depending on the property type, requirements may include: working smoke alarms on every floor (mandatory in all rented homes since 2015), carbon monoxide alarms in rooms with solid fuel appliances, fire doors on rooms opening onto escape routes in HMOs, emergency lighting in common areas, fire extinguishers in common parts, and clear escape routes kept free of obstruction.
Enforcement & Penalties
Fire and rescue authorities have powers to issue enforcement notices, prohibition notices (preventing use of premises), and prosecute offenders. Fines are unlimited for breaches of the Fire Safety Order. In the most serious cases, custodial sentences can be imposed. The Building Safety Regulator also has oversight powers for higher-risk buildings.
PropCompliance Advice
Action Required: If you own or manage an HMO or building with common parts, ensure your fire risk assessment is current and documented.
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