Obligations under fire laws in commercial buildings, and who they rest with, can be complex to navigate. The legislation involved has changed markedly recently, and the terminology – ‘Responsible Person’, ‘dutyholder’, ‘control over premises’ – is not always transparent.
Nonetheless, being clear on who has responsibility in your building under fire safety laws is an urgent priority, not a nice-to-have.
So, in this short guide we’ll help you get to grips with how the law identifies the relevant parties, and why their responsibilities are so important in delivering the Fire Risk Assessments (FRAs) that keep buildings fire safety-compliant.
The Responsibilities under the Fire Safety Act
According to the official Home Office guide, the legislation that determines who has responsibility for fire safety in commercial buildings comprises the Regulatory Reform (Fire Safety) Order 2005 (often known simply as the ‘Fire Safety Act’).
It’s worth noting, however, that this legislation only applies in England and Wales – elsewhere in the UK, it’s substantially similar, but does differ in detail and language.
Identifying the Responsible Person
As we mention above, terminology around fire safety responsibilities can sometimes be confusing, but it’s important to understand two key terms – Responsible Person and dutyholder.
Let’s start by defining the Responsible Person. Rather unhelpfully, this may or not be an actual living person at all – it can also be an organisation or company (this is called a ‘legal person’ in law, as opposed to a ‘natural person’, which is an individual).
So, in the context of a commercial building, an example of a Responsible Person is both an employer, and the company that is the building’s owner or landlord. However, if the employer or building owner/landlord is an individual rather than an organisation, that individual is the Responsible Person.
In cases where an employer is not in control of the premises – for example, where they have sent a maintenance engineer to work on a client site – the Responsible Person is that of the client site, although both sides must exchange communication on any fire risks the engineers may face.
How do Dutyholders fit in?
Dutyholders, for their part, can often have the same or similar fire safety responsibilities as Responsible Persons, but it’s something of a grey area, in that the specific extent of these is usually defined contractually (for example, in a tenancy agreement) rather than being decided by the existing fire safety legislation.
Dutyholder responsibilities do, nonetheless, have the force of law, and dutyholders and Responsible Persons have a legal obligation to cooperate.
As with Responsible Persons, a dutyholder can be either an individual or an organisation (for example, the building’s management agent).
What do these responsibilities actually mean?
If you (or your organisation) is a Responsible Person, you’re required by law to carry out a ‘suitable and sufficient’ Fire Risk Assessment (FRA).
This procedure helps ensure those in your building are safe from fire, and forms the foundation for the fire safety measures you incorporate into your premises.
You can, theoretically, carry out your own FRAs, but only if you’re competent to do so – and this requires significant knowledge and skill.
For this reason, the Home Office guide points to the use of external fire risk assessors as a common choice by Responsible Persons, but stresses that these providers must have appropriate credentials and expertise.
How Can Commercial Fire Protection Help?
At Commercial Fire Protection, our experienced team is qualified, accredited, and certified to carry out Fire Risk Assessments on behalf of Responsible Persons, and to complete any remedial works necessary to keep your building compliant.
To get started working on your building compliance, reach out to Commercial Fire Protection today by visiting our Contact Page. Alternatively, you can request your FREE Guide to Fire Protection Compliance here.
