Fire Risk Assessment: A Landlord’s Legal Obligation

Fire safety is a core legal responsibility for landlords in the UK. The law is clear: if you rent out a property that is not a single private dwelling—such as a house in multiple occupation (HMO), a block of flats, or any property with communal areas—you are legally required to carry out a fire risk assessment. This duty is set out in the Regulatory Reform (Fire Safety) Order 2005, the Fire Safety Act 2021, and strengthened by the Building Safety Act 2022.

What is a Fire Risk Assessment?

A fire risk assessment is a thorough review of a building to identify potential fire hazards, evaluate the risks to people, and recommend measures to make the premises safer. This process covers everything from the fire resistance of doors and escape routes to the presence of fire alarms, extinguishers, and safe storage of combustible materials. For landlords, the assessment must focus on communal areas—such as hallways, staircases, kitchens, and lounges—where multiple tenants may be at risk.

Which Properties Require a Fire Risk Assessment?

• All rental properties with communal areas, including HMOs and blocks of flats, must have a fire risk assessment.

• If your property is registered as an HMO, you need to take extra precautions, such as providing fire extinguishers on each floor and emergency lighting in buildings with more than two storeys.

• Every block of flats must have a “responsible person” (often the landlord or managing agent) who ensures a valid fire risk assessment is in place and that communal areas are kept safe.

• For flats with more than four residents, the fire risk assessment must be documented in writing. However, written records are recommended for all properties, regardless of size.

Legal Duties and Recent Changes

Landlords must comply with several key laws:

• The Regulatory Reform (Fire Safety) Order 2005 requires a fire risk assessment for all non-domestic premises and communal areas of residential buildings.

• The Fire Safety Act 2021 clarifies that the structure, external walls, and flat entrance doors are within the scope of the risk assessment.

• Since October 2023, the Building Safety Act 2022 requires all fire risk assessments to be recorded, regardless of the number of residents or employees.

The responsible person must:

• Carry out and regularly review the fire risk assessment.

• Record all findings and actions taken or needed.

• Implement fire safety measures, such as alarms, extinguishers, and clear escape routes.

• Inform tenants about fire safety procedures and equipment.

Penalties for Non-Compliance

Failing to carry out a suitable fire risk assessment can lead to severe consequences, including:

• Fines up to £20,000 for less serious breaches.

• Unlimited fines and up to two years in prison for serious offences.

• A ban on letting properties in the future.

• Immediate prohibition notices if the property is deemed unsafe.

There are real-world examples of landlords facing prosecution, fines, and even prison sentences for neglecting their fire safety duties.

Who Can Carry Out a Fire Risk Assessment?

While there is no legal requirement for the assessor to be formally certified, the law states the assessment must be “suitable and sufficient.” Landlords can conduct their own assessment if they are competent, but many choose to hire professional fire risk assessors to ensure all risks are identified and addressed.

Practical Steps for Landlords

• Identify fire hazards, people at risk, and evaluate existing precautions.

• Keep all escape routes and communal areas clear and well-maintained.

• Install and maintain fire alarms, extinguishers, and emergency lighting where required.

• Regularly review and update the fire risk assessment, especially after changes to the property or occupancy.

• Keep written records of all assessments, actions, and communications regarding fire safety.

For more guidance, landlords can use the official fire safety risk assessment 5-step checklist and refer to the government’s fire safety legislation collection.

Useful Resources

• Fire safety: guidance for those with legal duties – GOV.UK

• Fire safety risk assessment: 5-step checklist – GOV.UK

By understanding and fulfilling your fire safety obligations, you protect your tenants, your property, and yourself from legal and financial risk. Regular, thorough fire risk assessments are not just a legal requirement—they are a vital part of responsible property management.

This assessment covers everything from fire alarms and extinguishers to escape routes and signage. Failing to conduct a fire risk assessment can result in severe penalties, including fines and imprisonment.

For professional fire risk assessments, visit Landlords Checks. Their team of experts will ensure your property is fully compliant with UK fire safety regulations.