Responsible Person Duties — What the Law Actually Asks of You
The Responsible Person is the cornerstone of UK fire safety law. Most people in the role do not realise the breadth of what they are accountable for. Here is the full picture.
Who is the Responsible Person?
Article 3 of the Regulatory Reform (Fire Safety) Order 2005 defines the "Responsible Person" as:
- In a workplace: the employer (and any other person who has control of any part of the workplace)
- In any other premises: the person who has control of the premises in connection with a trade, business or undertaking; or the owner where no such person exists
In practice, for most commercial premises, the Responsible Person is the senior site manager or directors of the occupying entity.
The 13 core duties
Articles 8 to 22 of the Fire Safety Order set out the duties. The big-ticket items are:
1. General fire precautions (Article 8) — take such general fire precautions as may reasonably be required to ensure that the premises are safe. 2. Risk assessment (Article 9) — make a suitable and sufficient fire risk assessment, keep it under review, and record significant findings. 3. Principles of prevention (Article 10) — apply the principles in Schedule 1 (avoid risks, evaluate, combat at source, etc.). 4. Fire safety arrangements (Article 11) — make and effectively implement appropriate planning, organisation, control, monitoring and review. 5. Dangerous substances (Article 12) — eliminate or reduce the risk from dangerous substances so far as reasonably practicable. 6. Fire fighting and detection (Article 13) — equip with appropriate fire fighting equipment, detectors and alarms. 7. Emergency routes and exits (Article 14) — clear, signposted, illuminated routes leading directly to a place of safety. 8. Procedures for serious and imminent danger (Article 15) — establish appropriate procedures including evacuation. 9. Maintenance (Article 17) — premises and any facilities, equipment and devices to be subject to a suitable system of maintenance. 10. Information to employees (Article 19) — risks identified, preventive measures and identities of nominated competent persons. 11. Cooperation and coordination (Article 22) — where two or more Responsible Persons share premises.
The Fire Safety Act 2021 expansion
For multi-occupied residential buildings, the FSA 2021 explicitly extended the scope of the FRA to include:
- The structure and external walls of the building (including cladding, balconies and windows)
- All doors between domestic premises and common parts (flat entrance doors)
Penalties
Article 32 of the Fire Safety Order makes failure to comply a criminal offence. Maximum penalties:
- Summary conviction: unlimited fine
- Conviction on indictment: unlimited fine and/or up to 2 years' imprisonment
Recent prosecutions have resulted in seven-figure fines.
How to actually discharge your duties
The hardest part of being a Responsible Person is demonstrating you discharged the duty — not just doing it. A defensible system has:
- A current, signed FRA reviewed annually (or sooner on material change)
- A live action tracker, with closure evidence for every finding
- Monthly self-inspections recorded in a log
- Servicing certificates filed, in date, for every active system
- Documented fire safety induction for every employee
- Documented competent person appointments
Want a free 30-minute Responsible Person duties review with one of our senior consultants? Book a slot.
