Local Fire and Rescue Authorities enforce the fire safety requirements imposed by the Regulatory Reform (Fire Safety) Order 2005, which apply to most commercial premises, the common parts of residential blocks, hotels and residential care homes.

The "responsible person" (RP) is the person in control of the premises. This can therefore include a number of people at the same time - such as a landlord, management company, employers, tenants and other occupiers, as well as directors of such companies.

A lease might contain details as to whom such obligations have been delegated between for example the landlord, tenant and any management company. It might refer explicitly to fire safety or to a general obligation to observe statutory requirements.

The RP must appoint a "competent person" (CP) to carry out a risk assessment and to make recommendations to deal with any risks identified.

Advice can be obtained from the local fire and rescue authorities but they will not do the assessment for you. CPs/fire safety assessors can be found in local directories, by recommendation from your insurer, or at trade websites such as the Institution of Fire Engineers www.ife.org.uk.

The CP must have the expertise to identify the potential sources of ignition; combustible materials; vulnerable occupants; insufficient or faulty escape routes, fire detection, and warning systems. The CP must also make recommendations as to fire-fighting equipment, maintenance, testing, information and any other improvements.

The RP is responsible for considering if the CP's assessment is adequate and is ultimately responsible to the enforcing authorities. Some RP's decide to be the CP themselves, although this is not advisable unless the RP has the expertise. General advice and advice specific to particular types of premises - such as offices and shops, warehouses and factories, animal premises and stables, sleeping accommodation, theatres and others - is available at www.communities.gov.uk/firesafety.

The RP must keep the report, and evidence of compliance with the recommendations, where it can be easily accessed together with a record of regular checks, and reviews whenever considered necessary.

Failure to comply with the Regulations can lead to imprisonment, financial penalties of tens of thousands of pounds, and the obvious dangers if a fire should occur and the resulting claims arising from it.

Further information and advice can be found on the websites above, from your local fire and rescue authority or from the Property Team at Wortley Byers LLP.

If you require any further advice or assistance please contact John Southan or a member of the Property team at Wortley Byers on 01277 268357 or jsouthan@wortleybyers.co.uk.

<< Return to News page