Fire safety law - what you need to do (https://www.dsfire.gov.uk/safety/businesses/fire-safety-law)

Fire safety law - what you need to do

Fire safety law helps to keep people safe, reduces the likelihood of fire and makes sure people can escape safely in the event of a fire.

Check what you need to do to comply with the law and keep your business safe.

All businesses with premises (whatever their size) are required by law to have a written fire risk assessment and a record of the fire safety arrangements in place.

Who's responsible

The law places the responsibility for fire safety on the ‘responsible person’.

You are a ‘responsible person' if you’re:

an employer
an owner
a landlord
an occupier
in control of premises. For example, premises occupied by someone self-employed, family-run businesses, places of worship, and voluntary organisations.

You may also be responsible for fire safety if you are the building manager, managing agent, or fire risk assessor.

There may be several 'responsible persons' if you share a building with other occupiers and/or businesses.

Your responsibilities

To comply with the law, you need to:

carry out a fire risk assessment (https://www.dsfire.gov.uk/safety/businesses/fire-risk-assessments) of the premises and review it regularly (we recommend at least once a year)
put in place appropriate fire safety measures and maintain them
ensure those on the premises know what to do in the event of a fire or on hearing an alarm
provide staff with information, instruction and training.

The government has published a set of workplace guidance documents (https://www.gov.uk/workplace-fire-safety-your-responsibilities) that you can download for free, and also guidance for those with legal duties (https://www.gov.uk/government/collections/fire-safety-legislation-guidance-for-those-with-legal-duties).

You can also download a copy of our fire risk assessment and fire safety logbook templates on our helpful tools for businesses (https://www.dsfire.gov.uk/safety/businesses/helpful-tools-businesses) page.

What’s covered by fire safety law

The Fire Safety Order applies to almost all premises, buildings, places and structures, where people work, visit or stay. For example, it applies to:

offices and shops
factories, warehouses, garages, and industrial units
care homes, dentists, and healthcare clinics
nurseries, schools and daycare centres
pubs, cafes, restaurants, and clubs
village halls, community centres, and places of worship
museums, libraries, exhibition and conference centres
marquees, festivals, county fairs & village fetes, theatres, cinemas, and open-air concerts
hotels, B&Bs, guest houses, boarding schools, holiday lets, staff accommodation, and campsites
common areas of multi-occupied residential buildings. For example blocks of flats and houses of multiple occupation (HMO). See our advice for landlords and letting agents (https://www.dsfire.gov.uk/safety/businesses/landlords-letting-agents-and-property-managers).

Fire safety law applies if anyone pays to stay in your property, other than to live there as a permanent home. It applies whether you rent out one room or the whole house and whether guests stay for one night or much longer.

Any premises which are rented or hired by people e.g. wedding or party venues will need to comply with fire safety law.

It does not apply to individual private homes (including flats and mobile homes) where people live. This includes second homes and caravans if they are for your own private use.

The law

The fire safety law for England and Wales is The Regulatory Reform (Fire Safety) Order 2005. It is also known as the Fire Safety Order (FSO) and The Order.

These pages cover the basic guidelines - for more information you can read the Fire Safety Order (https://www.legislation.gov.uk/uksi/2005/1541/contents).

The Fire Safety Order was strengthened in October 2023. In summary the changes mean:

all business premises must have a written risk assessment recorded in full
businesses that share premises must cooperate and share information
residents must be given information on the risks and fire safety measures in place.

Penalties

If you do not comply with the requirements of the Fire Safety Order (https://www.dsfire.gov.uk/safety/businesses/fire-safety-law), you could be fined and/or go to prison.

We are committed to making our communities safer places to live, work, or visit. We know that most businesses in Devon and Somerset take their responsibilities seriously. However, those that decide to place people at unnecessary risk will be subject to appropriate enforcement action. Learn more about how we enforce the the law (https://www.dsfire.gov.uk/safety/businesses/fire-safety-inspections).

Common questions

Do I still need a fire certificate?

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No, and any fire certificate issued under the Fire Precautions Act 1971 has ceased to have any effect. See our section on fire safety law and how it applies to you (https://www.dsfire.gov.uk/safety/businesses/fire-safety-law) for information on what you need to do.

I'm having building work done - what do I need to do?

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If you're having building work done you will need to consider the fire risks this may have on your premises and anything you need to put in place to reduce the risk. Read our guidance on managing fire safety during building works (https://www.dsfire.gov.uk/safety/businesses/fire-safety-during-building-work).

When building new premises or doing building work on existing premises, you must comply with building regulations (https://www.gov.uk/building-regulations-approval) (external site opens in new tab). This includes designing fire safety into the proposed building or extension.

If you have a query about your building regulations application or the process, you should contact your local authority building control officer or an approved inspector.