Fire Safety Order 2005 — Plain English Guide

The Regulatory Reform
(Fire Safety) Order 2005.

The Regulatory Reform (Fire Safety) Order 2005 is the primary fire safety legislation for non-domestic premises in England and Wales. It replaced over 70 pieces of previous fire safety legislation and places clear legal duties on the responsible person for every non-domestic premises. Here is what it means for you.

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Applies to virtually all non-domestic premises
Places duties on the responsible person
Enforced by local Fire and Rescue Services
Non-compliance can result in criminal prosecution
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Who It Applies To

Virtually all non-domestic premises in England and Wales including HMOs, offices, retail, warehouses and hospitality.

The Responsible Person

Typically the employer, building owner or occupier. Both may carry duties in multi-occupied buildings.

Enforcement

Local Fire and Rescue Services have powers of inspection, improvement notices, prohibition and prosecution.

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The Fire Safety Order Explained

What the Order requires
from you.

The Fire Safety Order came into force in October 2006 and consolidated over 70 pieces of previous fire safety legislation into a single, coherent framework. If you have a non-domestic premises in England or Wales, it applies to you.

Who is the responsible person?

The Order places duties on the "responsible person" — defined as the employer, if the premises are a workplace; the person who has control of the premises; or the owner, if the premises are unoccupied. In a multi-occupied building, there may be more than one responsible person and they must co-operate and co-ordinate with each other.

Core duties under the Order

The responsible person must carry out a suitable and sufficient fire risk assessment and implement any improvements identified; appoint one or more competent persons to assist in implementing fire safety measures; provide employees with fire safety information and instruction; implement appropriate fire safety measures; and maintain those measures in good working order.

The Fire Safety Act 2021 amendment

The Fire Safety Act 2021 amended the Fire Safety Order to clarify that the Order applies to the structure, external walls and flat entrance doors of multi-occupied residential buildings. This has particular relevance for managing agents and freeholders of residential blocks, who now have clearer duties regarding fire doors, cladding and structural fire safety.

Article 9 — The Core Duty
"The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions they need to take."

Regulatory Reform (Fire Safety) Order 2005, Article 9. This is the legal foundation for the fire risk assessment requirement.

01
Fire risk assessmentCarry out a suitable and sufficient fire risk assessment and implement the findings. Review it regularly.
02
Fire safety measuresImplement and maintain appropriate fire safety measures — detection, warning, escape routes, suppression equipment and signage.
03
Competent personsAppoint competent persons to assist in implementing fire safety measures. For assessments, this means BAFE SP205 or IFE-registered assessors.
04
Information and instructionProvide employees and relevant persons with fire safety information, instruction and training appropriate to their role.
05
Emergency planningPrepare and implement an emergency plan. Ensure all relevant persons know what to do in the event of a fire.
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Common Questions

Questions answered.

Does the Fire Safety Order apply to HMOs?+
Yes. The Fire Safety Order applies to the common parts of all HMOs — hallways, stairs, landings and any shared rooms. The Housing Act 2004 imposes additional fire safety requirements through the HMO licensing regime. Most HMO landlords need to comply with both sets of legislation.
What penalties apply for non-compliance with the Fire Safety Order?+
Non-compliance with the Fire Safety Order can result in improvement notices, prohibition notices, unlimited fines and up to two years imprisonment. Prosecution is typically pursued where there is evidence of deliberate or persistent non-compliance, or where a fire or near-miss has occurred.
Who enforces the Fire Safety Order?+
The Fire Safety Order is enforced by local Fire and Rescue Services. In Hampshire, this is Hampshire Fire and Rescue Service. In Surrey, Surrey Fire and Rescue Service. In Berkshire, Royal Berkshire Fire and Rescue Service. Each service has powers of inspection, notice and prosecution.
Has the Fire Safety Order changed recently?+
The Fire Safety Act 2021 amended the Order to clarify its application to multi-occupied residential buildings, particularly regarding structure, external walls, and flat entrance doors. The Building Safety Act 2022 introduced further requirements for higher-risk buildings. The legislation continues to evolve — contact FireCertificates for current guidance relevant to your premises.
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Email: hello@firecertificates.co.uk — we respond within 2 hours. Not a fire safety company — all assessment work by independent registered professionals.

HHR Holdings Ltd t/a firecertificates.co.uk · Co. No. 17177195 · ICO ZC132343. Not a fire safety company. All assessment work by independent BAFE/IFE-registered professionals.

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FireCertificates.co.uk is a specialist connection service. We are not fire risk assessors and do not carry out assessments. All assessment work is performed by independent BAFE SP205 or IFE-registered assessors under their own professional terms of engagement.

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