Regulatory Reform (Fire Safety) Order 2005 and Fire Risk Assessment

Fire Risk Assessment and the Law -
Frequently Asked Questions

The Fire Risk Assessment Process:

Step One: Identify Fire Hazards

Step Three: Evaluate The Risks

Step Four: Record Your Findings

Other Useful Pages:

Download A Fire Risk Assessment Form

Read a Summary of the Key Points of the new legislation.

What is the Regulatory Reform (Fire Safety) Order 2005?

The Regulatory Reform (Fire Safety) Order came into force in October 2006 and replaced lots of other legislation, dating from 1947 onwards. It streamlines this old legislation and places responsibility for fire safety matters firmly with those who are best placed to tackle it – employers, building owners and employees.

Who is affected by the Regulatory Reform (Fire Safety) Order?

The new law affects all non-domestic premises in England, Wales and Northern Ireland. It applies to you if you are an employer, responsible for business premises, self employed with business premises or a contractor with some control over premises. It also applies to charities and voluntary organisations.

How does this relate to a Fire Certificate?

This legislation completely replaces the need for fire certificates.

What do I have to do?

The Regulatory Reform (Fire Safety) Order places a duty on a 'Responsible Person' to carry out a Fire Risk Assessment, then act on the findings in order to minimise the risk to people by fire.

Will it cost me anything?

That depends! It certainly doesn’t have to, especially if your fire precautions are already up to date and properly implemented. Using guidance on this site you should be able to carry out your own Fire Risk Assessment, unless you have a particularly complicated premises. Any costs for additional measures you need to put in place will depend on the findings of your Fire Risk Assessment.

What is a Fire Risk Assessment and how do I do it?

It is a five step process that will help you assess the risk to your employees and other people, identify any weaknesses in your fire safety procedures and tell you how to reduce or remove any unacceptable risks. Full details can be found on the Fire Risk Assessment pages.

Can I carry out a Fire Risk Assessment myself?

With a little help from this site, of course you can. The Regulatory Reform (Fire Safety) Order says that the duty to carry out a Fire Risk Assessment lies with the Responsible Person. The Order does not define the level of competence required by the Responsible Person, but for most smaller businesses a degree of common sense will be adequate. If you have a large or complex workplace, however, you may feel that you do not have the appropriate knowledge or expertise to carry out a Fire Risk Assessment, in which case you may wish to use a Health and Safety Consultant. The same may apply if you simply do not have the time or resource to do it in-house.

Can I get my local Fire and Rescue Authority to do my Fire Risk Assessment?

No. You can go to them for advice and feedback, but they will not do the Fire Risk Assessment for you.

who needs to see my Fire Risk Assessment when I have done it?

Your staff need to be aware of the findings of your Fire Risk Assessment and you need to provide adequate instruction and training for them in respect of your emergency plan and anything else related to the outcome of your assessment. You don’t need to send it to the fire authority, but they may ask to see it.

What do I do if I share my premises and do not have full control over the building?

Your plan needs to be done in co-ordination with the organisations you share with. They will need to have their own Responsible Persons, but it may help to have someone who co-ordinates these people, such as a Responsible Person representing the building owner.

Does the Regulatory Reform (Fire Safety) Order specify that I have to have a certain number of escape routes or a certain fire alarm system, fire doors, etc?

The Order puts responsibility for deciding what measures are appropriate onto the Responsible Person. The particular fire safety measures that you decide are necessary, must be appropriate for the premises and the way they are used. The important point is that the measures you choose have to be adequate to mitigate the risk to your staff and other users.

What happens if I don't comply with the Regulatory Reform (Fire Safety) Order?

The Fire and Rescue Authorities are the enforcing authorities for the Order, and as such can ask to inspect your premises and see your Fire Risk Assessment. If there are found to be serious risks that are not being managed, they have a statutory duty to enforce the Order. This can include issuing Enforcement Orders and, if necessary, taking you to court.

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Frequently Asked Questions