References:
UK Home Office (2024) Fire and Rescue Incident Statistics, England: Year Ending June 2024. Available at: https://www.gov.uk/government/statistics/fire-and-rescue-incident-statistics-england-year-ending-june-2024 (Accessed: 10 March 2025).
For workplace fire statistics from Morgan Clark:
Morgan Clark Loss Assessors (2024) Common Causes of Workplace Fires in the UK. Available at: https://www.morganclark.co.uk/about-us/blog/common-causes-of-workplace-fires-in-the-uk/ (Accessed: 10 March 2025).
Office for National Statistics (ONS) (2024) Crime in England and Wales: Year Ending September 2023. Available at: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/crimeinenglandandwales/yearendingseptember2023 (Accessed: 10 March 2025).
A fire risk assessment is a fundamental component of fire safety and prevention. It involves a comprehensive evaluation of a building, its occupants, and the activities conducted within it to identify potential fire hazards. By understanding these risks, appropriate fire safety measures can be implemented to ensure the safety of individuals and minimise the likelihood of a fire occurring.
A fire risk assessment should consider:
The ultimate aim of a fire risk assessment is to mitigate fire risks, improve overall safety, and ensure compliance with legal requirements.
Yes. Under the Regulatory Reform (Fire Safety) Order 2005, conducting a fire risk assessment is a legal requirement for those responsible for premises that are not classified as a 'single private dwelling' (a private home). This includes, but is not limited to:
It is the duty of the ‘Responsible Person’ to ensure fire precautions are in place ‘as far as reasonably practicable’ (Regulatory Reform (Fire Safety) Order 2005, Part 2, Article 8). This individual is defined under the legislation as:
In practical terms, the responsible person could be an employer, landlord, building owner, or appointed managing agent. They must take reasonable steps to eliminate or reduce fire hazards and ensure that fire safety arrangements are suitable and sufficient. Failure to comply with these duties can result in legal penalties, including fines or imprisonment.
The fire risk assessment must be conducted by a competent person, meaning someone with the necessary knowledge, training, and experience to accurately assess fire risks and recommend appropriate safety measures. This requirement applies regardless of the complexity of the building or its use.
Is it a Legal Requirement to Record the Findings of a Fire Risk Assessment?
Yes. As of 1st October 2023, Section 156 of the Building Safety Act 2022 amended the Regulatory Reform (Fire Safety) Order 2005, requiring that all fire risk assessments be recorded in writing, regardless of the number of employees or whether a licence is in place.
A recorded fire risk assessment should include:
The assessment should be benchmarked against relevant fire safety legislation and guidance produced under Article 50 by the Secretary of State (England) or the Welsh Ministers (Wales).
According to Article 9 of the Regulatory Reform (Fire Safety) Order 2005, fire risk assessments must be reviewed regularly to ensure they remain valid. Specifically, they must be updated when:
A revised assessment is legally required if any changes could impact fire safety, such as:
Changes Introduced by the Building Safety Act 2022
Section 156 of the Building Safety Act 2022 has further strengthened fire risk assessment requirements. Under these amendments:
A competent fire risk assessor should include a date of review for the fire risk assessment however this may be sooner depending on relevant changes.
Competency in Fire Risk Assessment
Fire risk assessments & reviews must be carried out by a competent person, as specified under Article 9 of the Regulatory Reform (Fire Safety) Order 2005, which also includes requirements for the competency of those reviewing fire risk assessments. Competency requires a thorough understanding of fire safety principles, risk assessment methodologies, and relevant legislation. A competent person should have:
This requirement applies to all buildings, irrespective of complexity. A competent person must be able to conduct an assessment that is appropriate for the specific risks and characteristics of the premises.
For complex or high-risk buildings, it is advisable to engage a specialist fire risk assessor with appropriate qualifications and accreditations. This ensures a thorough and legally compliant assessment, reducing the risk of fire and ensuring the safety of occupants.
Review Dates for Fire Risk Assessments
It is essential that each fire risk assessment includes a recommended date for its next review. This date should be adhered to, as it aligns with legislative requirements to maintain up-to-date fire safety measures. Regular reviews ensure that any changes in the premises, occupancy, or fire safety arrangements are appropriately addressed, thereby maintaining a safe environment for all occupants.
Fire safety is not just a legal obligation—it is a crucial responsibility that protects lives, businesses, and livelihoods. The case of The Main Top Hotel in Widnes serves as a stark reminder of what can go wrong when fire safety measures are ignored. This real-world example demonstrates the severe consequences of failing to carry out a suitable and sufficient fire risk assessment, and why compliance is essential for all businesses.
The Incident
In 2022, William Scott Anthony Hanson, the owner of The Main Top Hotel, was found guilty of multiple fire safety breaches under the Regulatory Reform (Fire Safety) Order 2005. The investigation revealed serious and widespread fire safety failures, including:
A Prohibition Notice was issued by fire authorities, legally preventing the building from being used as accommodation until the issues were rectified. However, a follow-up inspection found that the hotel was still being used, despite these serious fire safety deficiencies.
The Consequences
Failing to meet legal fire safety obligations comes with serious penalties, as Hanson discovered when he was sentenced to:
✔ 12 months in prison (suspended for two years)
✔ £5,000 in legal costs
✔ 80 hours of unpaid community service
✔ 35 days of rehabilitation activity
Judge Garrett Byrne described his actions as “cynical” and “flagrant,” putting profit over people’s safety by ignoring legally enforceable fire safety measures.
Lee Shears, Head of Prevention and Protection at Cheshire Fire and Rescue Service, highlighted the case as a clear warning to all business owners, stating that fire safety laws exist to protect lives, and failing to comply will lead to serious consequences.
The Importance of a Fire Risk Assessment
This case demonstrates why a thorough and legally compliant fire risk assessment is essential for all businesses.
✅ Identifies potential fire hazards before they become a risk
✅ Ensures escape routes are accessible and safe
✅ Confirms that fire detection and warning systems are in place
✅ Helps businesses comply with fire safety legislation, avoiding fines or prosecution
✅ Protects staff, customers, and business assets from fire
Had The Main Top Hotel conducted and acted upon a professional fire risk assessment, these failures could have been avoided, and the owner would not have faced legal action and may still have his business today.
Don’t Let This Happen to Your Business
Fire safety isn’t just a box-ticking exercise—it is a legal duty that safeguards lives and businesses. Failing to comply can lead to serious financial loss, legal penalties, reputational damage, and even imprisonment.
A fire risk assessment is a simple, effective way to identify risks, ensure compliance, and provide peace of mind.
If you own or manage a business, don’t take the risk—get in touch today to schedule a comprehensive fire risk assessment.
Stay compliant. Stay safe. Protect your business.
How a Missing Fire Risk Assessment Can Invalidate Insurance
A fire risk assessment is not only a legal requirement for most non-domestic premises but also a critical factor in maintaining valid insurance coverage. Many property owners and businesses wrongly assume they are fully covered, only to have their claims denied due to the absence of a documented fire risk assessment.
Why Insurers Deny Claims Without a Fire Risk Assessment
Insurance companies may reject claims if a fire risk assessment is missing, incomplete, or outdated, based on the following reasons:
Consequences of Invalid Insurance Due to a Missing Fire Risk Assessment
Ensuring Compliance to Protect Insurance Coverage
To avoid invalid insurance claims, businesses and property owners should:
Conclusion
Failing to provide a suitable fire risk assessment can result in an insurance claim being denied, leaving businesses and property owners exposed to significant financial and legal risks. Ensuring a valid fire risk assessment is in place protects not only lives but also financial security in the event of a fire.
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