Who Is the Responsible Person in a Fire Risk Assessment?
If you manage a workplace, run a business from premises, or oversee a construction site, you have probably come across the term "responsible person" in the context of fire safety. It is not just a job title — it is a specific legal role defined in UK fire safety law, and getting it wrong can have serious consequences.
The Legal Basis
Fire safety in non-domestic premises in England and Wales is governed by the Regulatory Reform (Fire Safety) Order 2005 (the FSO), enforced by local Fire and Rescue Authorities — not the HSE. Scotland and Northern Ireland have separate but broadly equivalent legislation (the Fire (Scotland) Act 2005 and the Fire and Rescue Services (Northern Ireland) Order 2006 respectively).
Article 3 of the FSO defines who the responsible person is. It is not a matter of choice or nomination — the law assigns the role based on who has control of the premises.
Who Is the Responsible Person?
Under Article 3 of the FSO, the responsible person is:
- The employer, where the premises are a workplace under their control; or
- The person who has control of the premises (as occupier or otherwise) in connection with the carrying on of a trade, business or other undertaking; or
- The owner, where no other person has control.
In practice, this means:
| Scenario | Likely responsible person |
|---|---|
| Office occupied by a single employer | That employer |
| Multi-occupancy building | Each employer for their area; building owner or managing agent for common areas |
| Construction site | Principal contractor (who has control of the site) |
| Pub or restaurant | The licensee or business operator |
| Landlord letting a commercial unit | Often the tenant for the unit; landlord for shared areas |
There can be more than one responsible person for the same premises — for example, a landlord and a tenant may each hold duties for different parts of a building. Where this happens, Article 22 of the FSO requires them to co-operate and co-ordinate with each other.
What Must the Responsible Person Do?
The core duty under Article 9 of the FSO is to carry out — or arrange — a suitable and sufficient fire risk assessment, and implement the general fire precautions that arise from it. Unlike a RAMS (a Risk Assessment combined with a Method Statement used for task-specific work), a fire risk assessment stands alone as its own documented process.
Key duties include:
- Assessing the risk from fire and identifying who might be harmed, paying particular attention to anyone especially at risk (Article 9)
- Implementing and maintaining general fire precautions — means of escape, fire detection, emergency lighting, fire-fighting equipment, signage (Article 13)
- Reviewing the assessment when it is no longer valid — after a significant change to the premises, processes or occupancy, or following a near-miss or fire (Article 9(3))
- Recording the significant findings if you employ five or more people, or if a licence or alterations notice is in force (Article 9(7))
- Providing information, instruction and training to employees (Articles 19 and 21)
Smaller employers with fewer than five staff are still required to carry out a fire risk assessment — they are simply not legally required to record it, though doing so is strongly advisable.
Can the Responsible Person Delegate?
Yes — the responsible person can appoint a competent person to assist with or carry out the fire risk assessment (Article 18). However, legal accountability cannot be delegated. If a competent person is appointed, the responsible person must ensure they have sufficient training, experience, knowledge and the necessary means to carry out the task properly.
Where a third party (such as a fire risk assessor) is engaged, the responsible person should check their credentials. The BAFE SP205 scheme and membership of the Institution of Fire Engineers (IFE) or Fire Risk Assessment Competency Council framework are recognised indicators of competence.
Common Misconceptions
"The landlord is always the responsible person." Not necessarily — a commercial tenant who controls a unit will typically hold the duty for that space.
"We're a small site, so we don't need a fire risk assessment." The FSO applies to virtually all non-domestic premises regardless of size.
"The HSE enforces this." Incorrect. The enforcing authority for the FSO is the local Fire and Rescue Authority. The HSE only becomes involved where fire safety overlaps with other workplace health and safety law.
"A RAMS covers fire safety on site." A RAMS is a task-specific document used under health and safety law. A fire risk assessment is a separate, FSO-specific document covering the premises.
Practical Steps If You Are the Responsible Person
- Confirm whether you are the responsible person (or one of several) for your premises.
- Carry out or commission a suitable and sufficient fire risk assessment.
- Record the significant findings — even if you have fewer than five employees, written records make review and co-operation far simpler.
- Act on the findings: implement the precautions identified.
- Set a review date and revisit the assessment whenever there is a material change.
Getting clarity on who the responsible person is should be the first step before any fire risk assessment is commissioned or completed. If responsibility is shared, agree in writing who covers what — and keep that agreement on file.