A Fire Risk Assessment (FRA) is a critical safety procedure, and it is the responsibility of specific individuals to conduct a Fire Risk Assessment for non-domestic properties. This responsibility typically falls on those who own, manage, or oversee the daily operations of such properties. The FRA is designed to identify potential fire hazards, assess the associated risks, and implement necessary fire safety measures to protect both the people within the building and the property itself.

The question of who needs to conduct a Fire Risk Assessment is crucial, as it clarifies the legal and moral obligations that fall upon certain individuals or organisations. In most countries, fire safety laws stipulate that the “responsible person” must conduct or ensure the FRA is carried out. This person is usually the individual who owns or controls the premises in question, but in more complex ownership or management structures, there may be multiple parties with shared responsibilities.

Let’s explore who is required to conduct a Fire Risk Assessment, the scope of their duties, and why this task is essential.

Employers

Employers play a vital role in ensuring fire safety within the workplace. Under fire safety regulations in many countries, such as the Regulatory Reform (Fire Safety) Order 2005 in the UK, the employer is typically deemed the “responsible person” when it comes to fire safety in workplaces. This means that the employer must ensure that a Fire Risk Assessment is conducted for any premises where their employees work.

The responsibility extends to all types of workplaces, including:

• Offices and commercial spaces where employees conduct their daily tasks.
• Factories, warehouses, and industrial sites where hazardous materials or equipment may increase the risk of fire.
• Retail outlets, such as shops and shopping centres.
• Hospitality venues, including restaurants, hotels, and cafes.

For employers, the primary concern is the safety of their staff and customers. Employers are required to assess the risks posed by fire in their premises and take reasonable measures to ensure that the workplace is safe. This includes:

• Ensuring that appropriate fire safety equipment (e.g., fire alarms, extinguishers) is installed.
• Training employees on fire safety procedures.
• Creating and communicating a fire evacuation plan.
• Regularly reviewing and updating the FRA to account for changes in the workplace.

Failing to conduct or maintain a Fire Risk Assessment can result in serious consequences for employers, including legal penalties, fines, or even imprisonment if negligence results in injury or loss of life due to fire.

Landlords

Landlords are another key group responsible for conducting Fire Risk Assessments. Whether renting out commercial spaces or residential units (especially in multi-occupancy buildings), landlords are legally required to ensure that the premises they are responsible for are safe from fire risks.

Landlords must conduct Fire Risk Assessments in:

• Multi-occupancy residential buildings, such as apartment blocks, student housing, or shared housing (HMOs in the UK).
• Commercial properties, such as office spaces or retail units rented to businesses.
• Public buildings, including schools, hospitals, and libraries.

For landlords of residential properties, the responsibility often extends beyond individual units. While tenants may have some responsibility for ensuring fire safety within their own flats or rented spaces, landlords are responsible for ensuring that common areas, such as corridors, staircases, lobbies, and other communal areas, are safe. This means ensuring that fire alarms, sprinklers, and emergency lighting are installed and functioning correctly. They must also keep escape routes clear and accessible at all times.

Landlords should:

• Conduct a thorough Fire Risk Assessment for all parts of the building they are responsible for, paying particular attention to communal areas.
• Regularly inspect fire safety equipment, such as smoke detectors, fire alarms, and extinguishers.
• Ensure tenants are aware of fire evacuation procedures.
• Take action to remove or reduce identified fire risks (e.g., removing flammable materials, fixing faulty wiring).

If landlords fail to meet these obligations, they risk legal penalties, including fines or imprisonment, as well as potential lawsuits from tenants in the event of fire-related incidents.

Property Managers

In many cases, particularly for large or complex properties, the responsibility for conducting a Fire Risk Assessment may fall to a property manager rather than the landlord or business owner. Property managers are often tasked with overseeing the day-to-day operations of a building or estate and ensuring compliance with various health and safety regulations, including fire safety.

Property managers are often responsible for:

• Commercial buildings that house multiple businesses or tenants.
• Residential complexes with multiple units or shared facilities.
• Publicly accessible buildings, such as shopping malls, airports, or office complexes.

The property manager’s role involves ensuring that Fire Risk Assessments are carried out, either by conducting the assessment themselves (if they are competent to do so) or by hiring a qualified fire risk assessor. Their responsibilities include:

• Making sure that all fire safety equipment is installed and regularly maintained.
• Ensuring that the building’s layout is conducive to safe evacuation in the event of a fire.
• Coordinating with tenants and businesses in the building to establish and communicate fire safety protocols.
• Keeping records of all Fire Risk Assessments and ensuring that they are reviewed and updated regularly.

Like landlords and employers, property managers can face legal penalties if they fail to meet their obligations regarding fire safety.

Owners of Commercial Properties

Owners of commercial properties who lease or rent their buildings to businesses or other organisations also bear responsibility for conducting Fire Risk Assessments. While the specific duties may be shared with or delegated to the tenants or a property management company, the building owner still has an overarching duty to ensure that fire safety measures are in place for the premises.

Owners of commercial properties must:

• Ensure that any leased or rented spaces are equipped with appropriate fire safety measures.
• Ensure that communal or shared areas within the building are subject to regular Fire Risk Assessments.
• Coordinate with tenants to ensure that fire safety protocols are in place and adhered to.

While tenants may be responsible for fire safety within their own leased spaces, owners have a duty to maintain the building as a whole and ensure that common areas do not pose fire risks.

Tenants in Multi-Occupancy Buildings

While landlords and property managers are generally responsible for the overall fire safety of multi-occupancy buildings, tenants within such properties also have responsibilities. Tenants, especially businesses, need to conduct their own Fire Risk Assessments for the spaces they occupy and control. This applies to:

• Office tenants within a shared office building.
• Retail tenants within a shopping centre.
• Manufacturers or industrial tenants within a shared industrial estate.

For tenants, the responsibility lies in ensuring that the areas they directly occupy are safe from fire risks and compliant with fire safety laws. This includes:

• Conducting a Fire Risk Assessment for their own leased space.
• Installing fire safety equipment where required.
• Implementing fire safety procedures and ensuring that their employees are trained in fire safety.

In cases where the tenant’s operations pose higher risks, such as in manufacturing or industrial settings where hazardous materials are present, the need for a thorough and specialised Fire Risk Assessment becomes even more important.

Building Occupants

While building occupants, such as employees, residents, or visitors, are not typically responsible for conducting a Fire Risk Assessment, they do play a crucial role in maintaining fire safety. Everyone in a building has a responsibility to follow fire safety protocols, avoid creating fire hazards, and report any safety concerns to the responsible person.

Who Conducts the Assessment?

In smaller, simpler properties, the responsible person may be able to carry out the Fire Risk Assessment themselves, provided they have sufficient knowledge of fire safety and the building. However, for larger, more complex buildings, or where higher risks are involved, it is advisable to hire a competent fire risk assessor. This is someone with the necessary expertise, training, and experience to properly evaluate fire risks and recommend appropriate safety measures.

In summary, anyone who is responsible for a non-domestic property—whether as an employer, landlord, property manager, building owner, or tenant—must ensure that a Fire Risk Assessment is conducted. This is not just a legal requirement but a crucial element of fire safety, designed to protect lives, property, and businesses from the devastating effects of fire. By understanding their responsibilities and ensuring that Fire Risk Assessments are carried out regularly and thoroughly, responsible individuals can significantly reduce the risk of fire and ensure the safety of everyone who uses their premises.

For more information on who needs to Conduct a Fire Risk Assessment (FRA) contact Total Safe UK.