Who is the Responsible Person?
Article 3 of the Regulatory Reform (Fire Safety) Order 2005 defines the "Responsible Person" as the employer in a workplace, or the person who has control of premises in connection with a trade, business or undertaking in any other premises (or, where no such person exists, the owner).
In practice, for most commercial premises, the Responsible Person is the senior site manager or directors of the occupying entity. In a multi-occupied building, each tenant is the Responsible Person for their demise — and the landlord or freeholder is the Responsible Person for the common parts.
The 13 core duties — at a glance
The Fire Safety Order sets out the duties in Articles 8 to 22. The headline duties are:
Article 8
General fire precautions
Take such general fire precautions as may reasonably be required to ensure that the premises are safe.
Article 9
Risk assessment
Make and review a suitable and sufficient fire risk assessment; record significant findings.
Article 10
Principles of prevention
Apply the prevention principles in Schedule 1 — avoid, evaluate, combat at source, adapt to the individual.
Article 11
Fire safety arrangements
Make and implement appropriate arrangements for planning, organisation, control, monitoring and review.
Article 12
Dangerous substances
Eliminate or reduce risks from dangerous substances so far as is reasonably practicable.
Article 13
Firefighting & detection
Equip the premises with appropriate firefighting equipment, fire detectors and alarms.
Article 14
Emergency routes & exits
Maintain clear, signposted, illuminated routes leading directly to a place of safety.
Article 15
Serious & imminent danger
Establish procedures for evacuation and for areas of serious and imminent danger.
Article 17
Maintenance
Premises, facilities, equipment and devices are maintained in efficient working order and good repair.
Article 18
Safety assistance
Appoint one or more competent persons to assist in undertaking preventive and protective measures.
Article 19
Information to employees
Provide employees with comprehensible information on risks and preventive measures.
Article 21
Training
Ensure employees are provided with adequate fire safety training.
Article 22
Cooperation & coordination
Where two or more Responsible Persons share premises, cooperate and coordinate measures.
The Fire Safety Act 2021 expansion
For multi-occupied residential buildings, the Fire Safety Act 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).
The Fire Safety (England) Regulations 2022
In force since 23 January 2023, these regulations introduced specific operational duties, with escalating requirements based on building height:
- Any height: provide fire safety information to residents.
- 11m+ blocks: annual checks on communal fire doors; quarterly checks on flat entrance doors (Regulation 10).
- 18m+ / 7-storey HRBs: wayfinding signage, premises information box, electronic information for the fire and rescue service, lift checks, external wall information.
The Building Safety Act 2022
For higher-risk buildings (residential 18m+ or 7+ storeys), the Act introduces the role of Accountable Personand Principal Accountable Person — overlapping with, but legally distinct from, the Responsible Person. Both regimes apply concurrently and require a digital golden thread of building safety information.
Penalties
Article 32 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 of Responsible Persons have resulted in six and seven-figure fines.
FAQs
In a workplace it is the employer (and any other person who has control of any part of the workplace). In non-workplace premises it is the person who has control of the premises in connection with a trade, business or undertaking — or the owner where no such person exists.
