Fire Safety Regulations - Commercial Property

Introduction

If you own a commercial property in England, you have legal responsibilities under the Regulatory Reform (Fire Safety) Order 2005. This guide explains your duties as a commercial property owner or occupier, whether the property is let to tenants, used for your own business, or is vacant but intended for commercial use.

1. Who is the “Responsible Person”?

Under fire safety law, the “responsible person” is legally accountable for fire safety. This may include:

• The owner of the premises
• The landlord
• The tenant (particularly where the tenant has control of part or all of the premises)
• The employer (if the premises are used as a workplace)
• A managing agent or facilities manager who has day-to-day control

In multi-let or shared premises, there is often more than one responsible person. For example:

• The landlord may be responsible for shared/common areas (entrances, stairwells, fire alarm systems)
• The tenant may be responsible for fire safety within their own demised unit

In such cases, all responsible persons must coordinate and cooperate to ensure fire safety measures are effective throughout the premises.

2. Do the Fire Safety Rules Apply to Me?

✅ Yes – fire safety law applies to all non-domestic premises, including:

• Offices, shops, industrial units, and warehouses
• Restaurants, cafes, salons, and workshops
• Mixed-use buildings (commercial + residential parts)
• Common areas of multi-let commercial or residential buildings

There is no exemption based on property size, layout, or number of staff. Even if you have fewer than five employees, or the building is currently unoccupied, the regulations still apply.

3. Key Legal Obligations for Property Owners

🔍 3.1 Fire Risk Assessment

You must ensure a fire risk assessment is carried out and reviewed regularly.

• This identifies fire hazards and assesses the risk to people.
• You must implement suitable safety measures to reduce or eliminate risks.
• If the business has 5 or more employees, or if the Fire Authority requires it, the assessment must be in writing.
• Even if not legally required, written records are strongly recommended for all owners.

You can carry this out yourself if you feel competent to do so, or you can appoint a professional fire risk assessor.

🧯 3.2 Fire Safety Measures

You must ensure that appropriate fire safety measures are in place, including:

• Fire detection and alarm systems
• Fire extinguishers and fire blankets (where required)
• Emergency exits and escape routes (clearly marked and unobstructed)
• Emergency lighting
• Fire doors and compartmentation
• Fire safety signs

👥 3.3 Information and Cooperation with Tenants

• Provide clear information to tenants or occupiers about fire safety arrangements in shared areas.
• Coordinate with other occupiers to ensure fire safety across the whole building.
• In multi-let buildings, agree who is responsible for:
  • Maintaining shared fire alarm systems
  • Arranging regular fire risk assessments
  • Ensuring escape routes are accessible

This is often covered in the lease or a separate building management agreement.

🧪 3.4 Testing and Maintenance

Regularly check and maintain all fire safety systems, including:

• Alarm systems
• Emergency lighting
• Fire extinguishers
• Fire doors

Keep a record of inspections and servicing.

👨‍🏫 3.5 Training and Evacuation

If you employ staff, you must provide:

• Fire safety training
• Information about evacuation procedures
• Periodic fire drills

If you do not employ staff, ensure any occupiers, visitors, or contractors are aware of fire procedures.

4. Inspections and Enforcement

Your local Fire and Rescue Authority may carry out inspections to check compliance. If they find issues, they can:

• Give informal advice
• Issue an enforcement notice (requiring corrective action)
• Issue a prohibition notice (banning use of unsafe premises)
• Prosecute serious breaches, which may result in fines or imprisonment

5. Proof of Compliance

You must be able to produce documentation to demonstrate that:

• A fire risk assessment has been carried out
• Safety measures are in place and maintained
• You are complying with your duties under the Fire Safety Order

Insurers, lenders, or tenants may ask for written evidence of compliance.

6. Special Cases

• If the property is vacant, you still need to consider fire risks (e.g. arson, electrical faults).
• If you are developing or altering the property, fire safety must be built into the design and approved under Building Regulations.
• For buildings with residential elements, different rules may apply to the residential parts under the Fire Safety Act 2021.

7. Summary Checklist

Obligation	Required?
Carry out fire risk assessment	✅ Yes
Keep written record (if 5+ employees or requested)	✅ Yes
Install and maintain fire safety equipment	✅ Yes
Cooperate with tenants/occupiers	✅ Yes
Provide fire safety information	✅ Yes
Allow inspections by fire authority	✅ Yes