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Who is the responsible person?

The responsible person is the legal duty-holder under the Fire Safety Order 2005. In a workplace it is the employer. In any other premises it is the person in control of the premises in connection with a trade or business, or the owner. Identifying the responsible person correctly matters because every duty in the Order — including commissioning the fire risk assessment — attaches to them personally.

Updated 9 July 2026 · England & Wales · Regulatory Reform (Fire Safety) Order 2005

The Article 3 definition.

"'Responsible person' means — (a) in relation to a workplace, the employer, if the workplace is to any extent under his control; (b) in relation to any premises not falling within paragraph (a) — (i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking; or (ii) the owner, where the person in control does not have control in connection with such an undertaking."Article 3, Regulatory Reform (Fire Safety) Order 2005

How the duty falls in common scenarios.

PremisesResponsible personNotes
Office occupied by one companyThe employerEven in leased premises — control of the workplace is the trigger
Multi-tenanted office buildingEach employer for their demise; landlord/managing agent for common partsMultiple responsible persons with a statutory duty to cooperate
Block of flatsFreeholder, RMC/RTM company or managing agent in control of common partsLeaseholders are not responsible persons for common parts
Licensed HMOThe landlord (or managing agent with contractual control)Licensing conditions run in parallel — see HMO licensing
Restaurant in leased unitThe operator (employer); landlord for any retained partsLease repair clauses do not transfer statutory duty
Vacant commercial buildingThe ownerArson and deterioration risks must still be assessed

Duty-holders under Article 5(3)

Beyond the responsible person, anyone with control of premises to any extent — managing agents, maintenance contractors with obligations for fire systems, facilities managers — owes the Order's duties to the extent of their control. This is how enforcement reaches agents who run buildings day-to-day.

Cooperation between responsible persons

Where a building has more than one responsible person, Article 22 — strengthened by Section 156 of the Building Safety Act 2022 — requires each to identify themselves to the others, share the parts of the building they are responsible for, and exchange fire safety information. In a mixed-use building (shops below flats, for example) the commercial operators and the residential freeholder must coordinate assessments so no part of the building falls between them.

What the responsible person must actually do.

Key fact: Appointing a competent assessor does not transfer legal responsibility. The assessor advises; the responsible person remains liable for acting on the findings. Prosecutions almost always follow a failure to implement, not a failure to assess.

Common questions.

Can there be more than one responsible person for a building?
Yes, and in multi-occupied buildings there almost always is: each employer for their own workplace plus the owner or agent for common parts. Each must cooperate and share fire safety information with the others under Article 22.
Is the managing agent or the freeholder responsible in a block of flats?
Whoever has control of the common parts in practice. Where a managing agent runs the building under a management agreement, the agent typically holds duties to the extent of their control under Article 5(3), alongside the freeholder. Enforcement can name both.
Are leaseholders responsible persons?
Not for the common parts. A leaseholder running a business from their unit becomes the responsible person for that unit as a workplace. A resident leaseholder in a flat owes no duties under the Order for the building.
Can a responsible person delegate to a fire risk assessor?
They can delegate the task, not the duty. Article 9A requires them to appoint only a competent assessor, and the responsible person remains criminally liable for failures to implement the assessment's findings.

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