Fire Risk Assessment (England & Wales)

A Fire Risk Assessment in the United Kingdom sets out the standards, responsibilities, and procedures the organisation expects everyone to follow, with its requirements set by the Employment Rights Act 1996.

Article 9 of the Regulatory Reform (Fire Safety) Order 2005 requires the 'responsible person' — in most workplaces, the employer — to carry out a 'suitable and sufficient' assessment of the risks to relevant persons from fire on the premises. Where five or more persons are employed, the significant findings of the assessment must be recorded in writing, together with any group of persons identified as being especially at risk. The responsible person must also make and give effect to arrangements for the effective planning, organisation, control, monitoring, and review of preventive and protective measures.

The Regulatory Reform (Fire Safety) Order 2005 is supplemented by the Health and Safety at Work etc. Act 1974, which imposes a general duty on employers to confirm so far as is reasonably practicable the health, safety, and welfare of their employees. In the context of fire safety, the 1974 Act's general duty means that employers cannot discharge their fire safety obligations through a cursory or generic risk assessment — the assessment must be suitable and sufficient for the specific premises and activities in question.

The Building Regulations 2010 (SI 2010/2214) Part B (Fire Safety) set minimum standards for fire safety in the design and construction of new buildings and in alterations to existing buildings. The requirements of Part B include fire resistance of building elements, means of warning and escape, internal fire spread (linings and structure), external fire spread, and access and facilities for the fire service. A fire risk assessment must take account of the fire safety features of the building itself, including the fire resistance of walls, floors, and doors, and whether those features continue to meet the standards required by Part B.

BS 9999:2017, published by the British Standards Institution, provides a code of practice for fire safety in the design, management, and use of buildings. While compliance with BS 9999 is not mandatory, it represents current best practice and provides detailed guidance on fire risk assessment methodology, fire safety management systems, and the selection of appropriate fire safety measures for different types of buildings and occupancies.

A Fire Risk Assessment must be carried out for all non-domestic premises covered by the Regulatory Reform (Fire Safety) Order 2005, before those premises are first used, and must be kept under review and updated whenever there is reason to believe it is no longer valid. The duty applies to virtually all non-domestic premises in England and Wales, including offices, shops, restaurants, warehouses, factories, schools, hospitals, care homes, hotels, places of worship, sports grounds, and the common areas of residential buildings such as blocks of flats and houses in multiple occupation.

A fire risk assessment is needed immediately when a business first occupies new premises. It is also needed when a new responsible person takes over the management of existing premises — for example, when a business changes ownership, when a new managing agent is appointed for a building, or when a new facilities manager takes over responsibility for a site. The new responsible person should not assume that a historic fire risk assessment carried out by their predecessor remains suitable and sufficient — they should review the assessment and, if necessary, commission a new one.

An immediate review of an existing fire risk assessment is required following any fire on the premises, however minor — because any fire is evidence that the existing fire safety measures were insufficient to prevent it. A review is also required following a significant near miss; following any structural alteration, refurbishment, or extension that may affect the layout, compartmentation, means of escape, or fire safety systems of the building; following a change in the use of the premises or a significant change in the number or type of occupants; following the introduction of new equipment, processes, or materials that may present additional fire hazards; and following receipt of any enforcement notice or prohibition notice from the fire and rescue authority.

Some categories of premises require more frequent assessment due to the vulnerability of their occupants or the complexity of their fire risk profile. Care homes, nursing homes, hospitals, and other premises where persons sleep require particular rigour — fire drills should be held at night as well as during the day, and Personal Emergency Evacuation Plans (PEEPs) must be prepared for all residents who may require assistance to evacuate. High-rise residential buildings over 18 metres or seven storeys are subject to additional obligations under the Building Safety Act 2022.

A legally effective Fire Risk Assessment for use in England and Wales must contain a number of key elements to meet the 'suitable and sufficient' standard required by article 9 of the Regulatory Reform (Fire Safety) Order 2005 and to provide the responsible person with a genuine understanding of the fire risk and the measures needed to manage it.

The premises details section establishes the physical context of the assessment — the name, address, type, and layout of the building, the number of floors, and the maximum occupancy. These details are fundamental to assessing fire risk, because the layout of a building, the construction materials used, the height and number of floors, and the number and vulnerability of occupants all directly affect the nature and magnitude of the fire risk.

The responsible person section records the identity of the legal duty-holder and the assessor, together with the assessor's qualifications or competency basis. For complex or high-risk premises, a professionally qualified fire risk assessor — such as a member of the Institute of Fire Engineers (IFE) or the Institution of Fire Safety Managers (IFSM) — should carry out the assessment. The PAS 79-1:2020 and PAS 79-2:2020 standards published by the British Standards Institution set out best practice for fire risk assessors in non-complex and complex premises respectively.

The fire detection and warning systems section records the fire detection and alarm systems installed at the premises. Under article 13 of the FSO, the responsible person must confirm that appropriate fire detection and warning systems are installed and maintained. Systems should comply with BS 5839-1:2017. Emergency lighting must comply with BS 5266-1:2016 and must provide sufficient illumination of escape routes for at least one hour (or three hours in premises where persons sleep) following a mains power failure.

The fire fighting equipment and means of escape section records the portable fire extinguishers provided, the adequacy of escape routes, the condition of fire doors, and the adequacy of fire safety signage. Portable fire extinguishers must comply with BS 5306-3:2017 and must be annually serviced by a competent person. Fire doors are a critical passive fire protection measure and must be self-closing, fitted with the correct intumescent and smoke seals, and inspected at least every six months in accordance with BS 8214:2016. Emergency exit routes must be signed in accordance with the Health and Safety (Safety Signs and Signals) Regulations 1996.

The hazard identification and risk evaluation section is the analytical core of the assessment. It identifies the principal fire hazards (ignition sources, fuel sources, and oxygen sources), the persons at particular risk (including persons with disabilities, lone workers, visitors, and persons who are sleeping), and assigns an overall risk rating to the premises. The action plan records the specific measures needed to reduce the risk to an acceptable level, in priority order, with responsible persons and target dates.

The review schedule records when and how frequently the assessment will be reviewed. Most fire risk assessments should be reviewed at least annually and immediately following any trigger event. The responsible person's signature on the assessment confirms their acceptance of the significant findings and their commitment to implementing the required fire safety measures.

Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. The forms-legal.com Fire Risk Assessment (England & Wales) template covers the mandatory elements under Employment Rights Act 1996.