The Regulatory Reform (Fire Safety) Order 2005 — the RRO 2005, Fire Safety Order, or FSO — is the principal fire safety legislation for non-domestic premises in England and Wales. It came into force on 1 October 2006, replacing more than 70 pieces of previous fire safety legislation with a single, risk-based framework. If you own, manage, or have control of any non-domestic premises, it applies to you.
What the RRO 2005 Actually Requires
The core obligation is set out in Article 9 of the RRO 2005: the responsible person must carry out a suitable and sufficient fire risk assessment of the premises, identify the people at risk, and implement appropriate fire safety measures. Article 9(3) requires the assessment to be reviewed regularly and updated whenever significant changes occur.
A fire risk assessment under the RRO 2005 must:
- Identify all fire hazards — ignition sources (naked flames, electrical equipment, hot surfaces), fuel sources (paper, textiles, furniture, flammable liquids), and oxygen sources
- Identify all people at risk, including employees, visitors, contractors, and residents in the common parts of residential buildings
- Evaluate the risk of fire starting and spreading, and assess the adequacy of existing control measures
- Record the significant findings in writing (mandatory for premises with five or more employees, and for most licensed or complex premises in practice)
- Prepare an emergency plan and ensure all relevant staff are trained in fire safety procedures
- Review the assessment regularly and after any significant change to the premises, occupancy, or processes
The National Fire Chiefs Council (NFCC) and PAS 79:2020 (Fire Risk Assessments — Guidance and Recommended Practice) set out the professional methodology for conducting and documenting fire risk assessments. Most insurers and fire and rescue authorities expect assessments to follow this approach.
Who Is the Responsible Person?
Article 3 of the RRO 2005 defines the responsible person as:
- In relation to a workplace: the employer, or any other person who has control of the premises in connection with carrying on a trade, business, or undertaking
- In relation to premises not a workplace: the person who has control of the premises, or the owner where no other person has control
Key implications for property owners and managers:
- HMO landlords: The landlord is the responsible person for the common areas of an HMO unless a managing agent has contractually assumed that responsibility. Both common areas and the structural elements of the building fall within scope.
- Blocks of flats: The Fire Safety Act 2021 extended RRO duties to include the structure and external walls of all multi-occupied residential buildings — including cladding, balconies, and flat entrance doors.
- Commercial tenants: The tenant is typically the responsible person for their demised space; the landlord retains responsibility for common areas.
- Managing agents: Responsibility for fire safety compliance can be delegated by contract, but ultimate liability remains with the owner if the agent fails to act.
The Five Steps of a Fire Risk Assessment Under the RRO 2005
The government’s own guidance (the Fire Safety Risk Assessment series, published by the Home Office) recommends a five-step process aligned with Article 9:
- Step 1 — Identify the hazards: Ignition sources, fuel sources, and oxygen sources throughout the premises
- Step 2 — Identify the people at risk: Everyone in and around the premises, with particular attention to those especially at risk — sleeping residents, disabled people, lone workers
- Step 3 — Evaluate, remove or reduce the risks: Assess existing measures (fire detection, suppression, means of escape, signage, emergency lighting) and identify further action needed
- Step 4 — Record your findings, prepare an emergency plan, and provide training: Document the assessment, produce a written emergency plan, brief all relevant people
- Step 5 — Review and update the assessment: At least annually, and after any fire, near miss, significant change to the building, or change in occupancy or processes
What Premises Are Covered?
The RRO 2005 applies to virtually all non-domestic premises in England and Wales, including:
- Workplaces of all types — offices, factories, warehouses, retail premises, restaurants, pubs, hotels
- The common parts of houses converted into flats and HMOs
- Purpose-built blocks of flats (extended by the Fire Safety Act 2021)
- Educational premises including schools, colleges, and nurseries
- Healthcare premises including hospitals, care homes, and GP surgeries
- Premises covered by a licence, including HMO licences under the Housing Act 2004
- Places of worship and premises used for public assembly or entertainment
Individual private dwellings (single private homes not in multiple occupation) are not covered by the RRO 2005, though landlords of single let properties still have duties under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.
Recent Changes: Fire Safety Act 2021 and Fire Safety (England) Regulations 2022
The Fire Safety Act 2021 clarified and extended the scope of the RRO 2005 following the Grenfell Tower Inquiry. It now explicitly covers the structure and external walls of multi-occupied residential buildings, including cladding, balconies, and windows, as well as flat entrance doors.
The Fire Safety (England) Regulations 2022, in force from 23 January 2023, added further duties for responsible persons in multi-occupied residential buildings: provision of fire safety instructions to residents, display of fire safety information in communal areas, and monthly or quarterly checks of communal fire doors and fire-fighting equipment depending on building height.
Enforcement and Penalties
The RRO 2005 is enforced by local fire and rescue authorities. Enforcement officers can enter premises, inspect fire risk assessments, and take action including:
- Enforcement notices: Requiring specific improvements within a set timeframe
- Prohibition notices: Restricting or prohibiting use of premises immediately where there is a serious risk to life
- Prosecution under Article 32: Unlimited fines in the Crown Court; custodial sentences of up to two years for the most serious offences. Company directors and senior managers can be prosecuted individually.
According to Home Office fire statistics, fire and rescue services in England carried out over 12,000 fire safety audits in 2022/23. The risk of inspection is highest for HMOs, care homes, hotels, and high-rise residential buildings.
Getting a Compliant Fire Risk Assessment
For straightforward lower-risk premises, the responsible person can carry out the assessment themselves using the government’s guidance. For complex or higher-risk premises, a qualified fire risk assessor should be appointed. Anyrisks generates fully written, RRO 2005-compliant fire risk assessments for HMOs, commercial premises, Airbnbs, and landlord properties in under two minutes, covering all five assessment steps, available as PDF and Word for £29.
