The Regulatory Reform (Fire Safety) Order 2005 (commonly called the Fire Safety Order or FSO) is the primary fire safety law in England and Wales. It places duties on anyone responsible for premises to ensure fire safety for everyone who uses or visits those premises.
Does the Fire Safety Order apply to your premises?
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What is the Fire Safety Order 2005?
The Regulatory Reform (Fire Safety) Order 2005 came into force on 1 October 2006 in England and Wales. It replaced over 70 pieces of fire safety legislation, creating a single, risk-based regulatory framework.
The Order shifted fire safety from a prescriptive, certificate-based system to a risk-based approach where the "responsible person" must identify and manage fire risks appropriate to their premises.
The Fire Safety Order doesn't tell you exactly what to do. Instead, it requires you to identify fire hazards in your premises, assess the risks, and put in place reasonable fire precautions. What's "reasonable" depends on the specific risks you've identified.
Why was it created?
The Fire Safety Order was introduced to:
- Simplify fire safety law — Consolidate 70+ separate pieces of legislation into one clear framework
- Make fire safety risk-based — Focus on outcomes (keeping people safe) rather than prescriptive rules (having specific equipment)
- Clarify responsibility — Make it clear who is accountable for fire safety
- Remove duplication — End the situation where businesses dealt with multiple regulators with overlapping duties
- Align with health and safety law — Use a similar risk assessment approach to the Health and Safety at Work Act
The key philosophy: the person best placed to assess and manage fire risk is the person in control of the premises.
What premises does it apply to?
The Fire Safety Order applies to almost all non-domestic premises and the common areas of multi-occupied residential buildings.
Covered premises include:
Commercial and business:
- Offices, shops, and retail units
- Factories, warehouses, and industrial premises
- Restaurants, cafés, pubs, and hotels
- Theatres, cinemas, and entertainment venues
Public sector:
- Schools, colleges, and universities
- Hospitals and healthcare facilities
- Government buildings
- Libraries and museums
Community and voluntary:
- Churches and places of worship
- Community centres and village halls
- Sports clubs and leisure facilities
- Charitable premises
Residential common areas:
- Shared hallways, stairways, and lifts in blocks of flats
- Communal facilities in apartment buildings
- Common areas of houses in multiple occupation (HMOs)
- Common parts of care homes and sheltered housing
Since the Fire Safety Act 2021, the Order explicitly covers the structure and external walls of residential buildings, including cladding, balconies, and windows in common areas.
Not covered by the Fire Safety Order:
- Private dwellings (individual houses and flats) — though landlords still have duties under other laws
- Offshore installations and ships
- Certain construction sites (covered by separate regulations)
- Areas of nuclear installations subject to nuclear safety regulations
Mixed-use buildings require careful consideration
A building contains ground-floor retail units with residential flats above. The owner is responsible for the common stairway and entrance hall.
The building owner commissioned separate fire risk assessments for the common areas and each commercial unit. A coordinated fire strategy ensures that escape routes don't conflict.
In mixed-use buildings, identifying exactly where the Fire Safety Order applies and who is responsible for each area is crucial. Get this wrong and parts of the building may be left without proper fire safety management.
Who is the responsible person?
The Fire Safety Order places duties on the "responsible person" — this is:
- The employer for any workplace (in relation to their employees and others affected by their work)
- Any person with control over the premises (wholly or partly), including:
- Building owners
- Landlords
- Managing agents
- Occupiers
- Anyone else with responsibility for fire safety matters
Responsible Person Examples
Clear-cut cases
- •Shop owner who owns and operates the business
- •Office manager of a single-tenant building
- •School headteacher (day-to-day responsibility)
- •Care home manager
- •Landlord of a block of flats (for common areas)
Shared responsibility cases
- •Tenant operating a business + building owner (both have duties)
- •Multiple tenants sharing common areas (all have duties)
- •Managing agent appointed by freeholder (both have duties)
- •Contracted facilities managers (share duties with premises owner)
- •Employers with staff working in buildings they don't own
Bottom line: It's common for multiple people to share responsibility for fire safety in a building. The Order requires them to cooperate and coordinate their fire safety measures.
For more detail on identifying who's responsible, see our article: Who is the responsible person?
What does the Fire Safety Order require?
The Order places several key duties on the responsible person:
1. Carry out a fire risk assessment
You must conduct a suitable and sufficient fire risk assessment that identifies:
- Fire hazards (sources of ignition, fuel, and oxygen)
- People at risk, especially those who need assistance
- The evaluation of existing fire safety measures
- What additional precautions are needed
The assessment must be recorded if you employ 5 or more people, or if a license requires it.
Read more: What is a fire risk assessment?
2. Implement fire safety measures
Based on your assessment, you must provide appropriate:
Fire detection and warning:
- Fire alarm system (if needed for the level of risk)
- Smoke and heat detectors as appropriate
- Means of raising the alarm (manual call points)
Emergency escape routes:
- Sufficient escape routes that are clearly marked
- Escape routes kept clear and in good repair
- Emergency lighting where needed
- Fire exit doors that open easily
- No locked or obstructed exits during occupancy
Fire fighting equipment:
- Appropriate fire extinguishers for the fire risks present
- Regular maintenance and servicing
- Staff trained in safe use (if appropriate)
Fire safety signs and notices:
- Clear fire action notices
- Fire exit signs and directional signs
- Fire door keep shut/locked signs
- Assembly point markers
3. Maintain fire safety measures
Regular maintenance and testing is required:
- Fire alarm systems tested weekly (at least)
- Emergency lighting tested monthly and serviced annually
- Fire extinguishers serviced annually
- Fire doors checked regularly and maintained
- Escape routes inspected to ensure they remain clear
4. Provide information, instruction, and training
You must ensure that:
- Employees are informed about fire risks and fire safety measures
- Staff are trained on what to do in case of fire
- Training is repeated regularly and when circumstances change
- People appointed to assist in evacuations receive specific training
- Visitors are given appropriate fire safety information
5. Have an emergency plan
You must establish and, where necessary, record:
- Emergency evacuation procedures
- Who raises the alarm and calls the fire service
- Arrangements for people who need assistance
- Fire drills and testing procedures
- Designated assembly points
- Duties of fire wardens or marshals
6. Cooperate and coordinate
Where you share premises with others, you must:
- Cooperate with other responsible persons
- Coordinate fire safety measures
- Share relevant information
- Ensure your actions don't put others at risk
7. Review the assessment regularly
Your fire risk assessment must be reviewed:
- Regularly (at least annually is good practice)
- If there are significant changes to the premises or its use
- After any fire, near miss, or failure of fire safety systems
- If you have reason to suspect it's no longer valid
Fire Safety Order Compliance Timeline
Activate a different call point each week
Check all emergency lights function correctly
Walk the routes and ensure they're clear
Practice evacuation and review effectiveness
Full review of assessment and action plan
Extinguishers, alarm, emergency lighting
Who enforces the Fire Safety Order?
The Fire Safety Order is enforced by your local Fire and Rescue Service (FRS).
How enforcement works:
Risk-based inspections: Fire services conduct audits based on risk. High-risk premises (e.g., sleeping accommodation, large public venues) are inspected more frequently than low-risk offices.
Triggered inspections: Fire services may also visit after:
- A fire or near miss
- A complaint or referral
- Planning consultations for building alterations
- Concerns raised by other agencies
Enforcement powers:
Fire officers can:
- Enter premises at any reasonable time (or any time if they believe there's a serious fire risk)
- Require information and documents (including your fire risk assessment)
- Take photographs and samples
- Issue enforcement notices
- Issue prohibition notices (preventing use of all or part of the premises)
- Prosecute for breaches
A prohibition notice can close your business immediately if the fire service believes there's a serious risk to life. There's no appeal process before it takes effect — you must comply first, then appeal.
Recent amendments to the Fire Safety Order
The Fire Safety Order has been amended by subsequent legislation:
Fire Safety Act 2021
The Fire Safety Act 2021 (which came into force on 16 May 2021) clarified that the Fire Safety Order applies to:
- The structure and external walls of buildings (including cladding)
- Individual flat entrance doors in residential buildings
- Windows and balconies
This was introduced following the Grenfell Tower fire to ensure building owners couldn't argue that external walls were outside the scope of the Order.
Building Safety Act 2022
The Building Safety Act 2022 introduced significant new requirements for higher-risk residential buildings (18 metres or 7+ storeys), including:
- Building safety managers with enhanced duties
- Mandatory occurrence reporting
- Resident engagement strategies
- Safety case reports
For most premises, the Fire Safety Order remains the key legislation, but higher-risk residential buildings now have additional overlapping duties.
If you're responsible for a building over 18 metres or 7 storeys with residential units, you should seek specialist advice on how the Building Safety Act interacts with your Fire Safety Order duties.
Penalties for non-compliance
Failing to comply with the Fire Safety Order is a criminal offence.
Penalties include:
Enforcement notice: Requires you to take specific actions by a deadline. Failure to comply is an offence.
Prohibition notice: Prohibits or restricts use of premises until you comply. Immediate effect, no appeal before compliance.
Prosecution:
- Summary conviction (magistrates' court): Up to £5,000 fine and/or 6 months imprisonment
- Indictment (crown court): Unlimited fine and/or up to 2 years imprisonment
Aggravating factors that increase penalties:
- Death or serious injury resulted from the breach
- Deliberate or reckless disregard for fire safety
- Previous warnings or enforcement action ignored
- Failure to act on known risks
- Obstruction of fire service investigations
Hotel owner jailed for fire safety failings
A small hotel continued operating despite multiple enforcement notices from the fire service. During an inspection, officers found guests sleeping in rooms with inadequate fire safety.
- ✗No fire risk assessment despite previous enforcement notice
- ✗Fire alarm system not working
- ✗Fire escape routes blocked with stored furniture
- ✗Missing fire doors
- ✗No staff fire safety training
- ✗Continued to accommodate guests despite prohibition notice
The owner was prosecuted and sentenced to 8 months imprisonment (suspended), fined £40,000, and ordered to pay £15,000 costs. A prohibition notice remained in force, preventing operation until full compliance was achieved.
Ignoring enforcement notices and continuing to put people at risk is taken extremely seriously by the courts. The financial and personal consequences of non-compliance far exceed the cost of putting things right.
Practical steps to comply with the Fire Safety Order
Here's a practical roadmap to compliance:
Step 1: Identify the responsible person
Establish who is legally responsible for fire safety in your premises. In many cases, this is obvious, but in shared buildings it can be complex.
Tool: Use our Responsibility Checker if you're unsure.
Step 2: Conduct a fire risk assessment
This is your foundation. Either:
- DIY approach: Use government guides if your premises are simple and low-risk
- Professional assessment: Engage a qualified fire risk assessor for complex, high-risk, or sleeping accommodation
Read: What is a fire risk assessment?
Step 3: Implement the action plan
Work through the improvements identified in your fire risk assessment:
- Prioritise high-risk items
- Set realistic deadlines
- Assign responsibility for each action
- Keep records of what you've done
Step 4: Put systems in place
Ensure you have appropriate:
- Fire detection and alarm systems (tested weekly)
- Emergency lighting (tested monthly, serviced annually)
- Fire extinguishers (serviced annually)
- Clear, well-maintained escape routes
- Fire safety signage
Step 5: Train your staff
Everyone who works in your premises should know:
- How to raise the alarm
- What to do when the alarm sounds
- Where the escape routes and assembly point are
- Any specific duties they have (fire wardens, etc.)
Provide training on induction and refreshers at least annually.
Step 6: Create an emergency plan
Document your procedures for:
- Raising the alarm and calling 999
- Evacuating the building
- Accounting for people at assembly points
- Arrangements for vulnerable people
- Fire drills and testing schedules
Step 7: Keep records
Maintain records of:
- Your fire risk assessment and reviews
- Fire alarm tests (weekly)
- Emergency lighting tests (monthly)
- Fire drills (at least annually)
- Maintenance and servicing
- Staff training
- Any incidents or near misses
Step 8: Review regularly
Set a reminder to review your fire risk assessment at least annually, and immediately if there are significant changes.
Compliance with the Fire Safety Order is not a one-off task. It's an ongoing management responsibility. Build fire safety into your regular routines — weekly alarm tests, monthly equipment checks, annual reviews.
Common questions about the Fire Safety Order
No. The Fire Safety Order applies only in England and Wales. Scotland has the Fire (Scotland) Act 2005 and associated regulations. Northern Ireland has the Fire and Rescue Services (Northern Ireland) Order 2006 and Fire Safety Regulations (Northern Ireland) 2010. The principles are similar, but the specific requirements differ.
No. Fire certificates were abolished when the Fire Safety Order came into force in 2006. If you have an old fire certificate, it's no longer valid. You need a fire risk assessment instead.
Fire officers can provide guidance, but they won't usually specify exact measures. The Order is risk-based — you're expected to assess the risks in your specific premises and implement proportionate measures. If you're uncertain, consult a fire risk assessor or fire safety consultant.
Both landlords and tenants can be 'responsible persons' under the Order. Typically, the tenant is responsible for fire safety in their rented unit, while the landlord is responsible for common areas and the structure. Your lease should clarify these responsibilities, but legal duties under the Order can't be contracted away.
If you're a sole trader working from home with no employees or visitors, probably not — it's still a private dwelling. However, if you have employees visiting, or customers or clients coming to your home, the parts they use may be subject to the Fire Safety Order. If in doubt, treat those areas as if the Order applies.
Yes. The Fire Safety Order is about prevention. You can be prosecuted for failing to carry out a fire risk assessment, inadequate fire safety measures, or breaching an enforcement notice, regardless of whether a fire has occurred.
Cost is not a defence under the Fire Safety Order — you must take reasonable steps to ensure fire safety. If you genuinely can't afford major works immediately, develop a phased action plan and discuss it with the fire service. In extreme cases, you may need to restrict use of the premises until improvements are made.
Partly. The Fire Safety Order applies to premises undergoing construction if people are present (e.g., occupied buildings being refurbished). The Construction (Design and Management) Regulations 2015 also apply to construction sites. There's often overlap, and both sets of duties may apply simultaneously.
Further resources
Official guidance:
Find your local Fire and Rescue Service:
Professional bodies:
- Institute of Fire Engineers (IFE)
- Institution of Fire Safety Managers (IFSM)
- Fire Industry Association (FIA)
Next steps
Now that you understand what the Fire Safety Order requires, take action:
- Check if you need a fire risk assessment: Do I need a fire risk assessment?
- Understand your fire risk assessment: What is a fire risk assessment?
- Clarify who's responsible: Who is the responsible person?
Not sure if you're complying with the Fire Safety Order? A qualified fire risk assessor can review your premises, identify any gaps, and give you confidence that you're meeting your legal duties.
Related articles:
Useful tools:
Disclaimer: This article provides general information about the Regulatory Reform (Fire Safety) Order 2005 and related fire safety law in England and Wales. It is not legal advice. Fire safety requirements vary depending on your specific premises and circumstances. If you're unsure about your duties, consult a qualified fire risk assessor or fire safety professional.