In the aftermath of a serious fire, investigators often discover that while safety measures existed on paper, no one had truly taken ownership of ensuring they were up to date. In UK law, there is no such thing as a shared assumption when it comes to fire safety responsibility. Someone is accountable, and the law makes it clear who that person is.
For property developers, building owners, and managing agents, understanding where legal responsibility lies is not just a matter of compliance. It’s a matter of protecting lives, safeguarding investments, and preserving your professional reputation.
What is a Fire Safety Audit?
A fire safety audit is a formal inspection carried out by the local fire and rescue service to assess compliance with the Regulatory Reform (Fire Safety) Order 2005 (RRO) and other relevant legislation. It is not the same as a fire risk assessment, which is an ongoing legal obligation that must be arranged by the duty holder.
Audits may be scheduled as part of routine enforcement, triggered by changes to your building, or conducted following an incident or complaint. They typically involve a detailed review of your fire risk assessment, fire safety arrangements, training records, and physical safeguards such as alarms, signage, escape routes, and maintenance regimes.
You can learn more about fire safety guidance in our related article.
The Legal Framework in the UK
Fire safety responsibilities in England and Wales are governed primarily by:
- Regulatory Reform (Fire Safety) Order 2005 – requires that a ‘Responsible Person’ carries out and maintains a suitable and sufficient fire risk assessment.
- Fire Safety Act 2021 – clarifies that for multi-occupied residential buildings, the risk assessment must cover the building’s structure, external walls (including cladding and balconies), and flat entrance doors.
- Fire Safety (England) Regulations 2022 – places additional duties on high-rise and multi-occupied buildings, including providing fire safety instructions to residents and maintaining specific records.
Scotland and Northern Ireland have separate legislation but apply similar concepts of a “duty holder”. For developers and landlords operating across borders, aligning safety management systems to meet the strictest applicable standard is the most risk-resilient approach.
Who is the ‘Responsible Person’?
Under the RRO, the Responsible Person is defined as:
- In a workplace: Generally the employer (whether or not they are in actual occupation) but an employer may not be the responsible person, i.e. visiting contractors.
- In non-workplace premises i.e. flats, HMOs: The person with control, such as the owner, landlord, or managing agent.
In multi-occupied buildings, responsibility may be shared. For example:
- A commercial landlord retains responsibility for communal fire systems and escape routes.
- Individual tenants are responsible for fire safety within their demised areas.
- A managing agent may oversee compliance activities, but the legal duty remains with the owner or employer.
- In some cases, the Responsible Person may be the Building Owner (landlord) or depending on the lease agreement there may be joint responsibility between the employer and the landlord.
Important: The Responsible Person can appoint a Competent Person to assist, but cannot delegate legal liability.
Fire Safety Responsibility Matrix
| Premises Type | Likely Responsible Person | Common Areas Covered | Grey Areas to Clarify |
| Multi-occupied office building | Landlord + individual tenants | Shared escape routes, alarm systems, and extinguishers | Maintenance cost allocation |
| Build-to-rent residential block & Common areas of individually owned flats | Freeholder or managing agent | Common corridors, stairwells, and fire doors | Who maintains in-flat alarms |
| Shell & core retail development | Developer/owner until fit-out is complete | Base-build systems, evacuation plan | Fit-out contractor’s responsibilities |
| Hotel | Operator/employer | Entire premises | Maintenance contractors’ duties |
Common Pitfalls in the Industry
From our audit experience at Salus, the three most frequent compliance failures are:
Outdated fire risk assessments, often left unchanged for years despite building alterations or new tenants.
Unclear responsibility in lease agreements, leading to dangerous assumptions about “who’s handling it”.
Poor record keeping/lack of maintenance, without documented evidence, even compliant buildings can fail an audit.
These are not simply procedural errors; they are gaps that could result in enforcement action, unlimited fines, or even custodial sentences.
What Happens During a Fire Safety Audit
Fire officers will typically:
- Review your fire risk assessment and check if it is current and suitable.
- Inspect the premises, escape routes, and protective systems.
- Verify staff fire safety training and evacuation drills.
- Review maintenance records to assess whether fire safety measures are being correctly maintained and recorded e.g. fire alarms, emergency lighting, and extinguishers.
Outcomes range from verbal advice to enforcement notices, prohibition notices, or prosecution in severe cases.
Penalties for Non-Compliance
Breaching fire safety law can lead to:
Unlimited fines
Imprisonment of up to 2 years
Inclusion on the public enforcement register
Case example: A property management company was fined over £100,000 after assuming tenants had handled fire safety in their units, while communal escape routes were obstructed and alarms inoperative.
Best Practice for Staying Compliant
Salus recommends:
- Review your fire risk assessment at least annually, or sooner if building changes occur.
- Having clear maintenance procedures, ensuring they are undertaken by competent person/s in accordance with guidance and appropriate records are maintained.
- Ensuring all parties in multi-occupied premises understand their specific duties.
- A Responsible Person should engage a qualified and experienced Competent Person to carry out assessments and provide strategic guidance.
The Salus Perspective
Competence is not defined in prescriptive terms in legislation, but from our standpoint, a competent fire safety consultant should hold recognised third-party accreditation, have a deep understanding of sector-specific risks, and possess proven experience in your type of premises.
We believe that fire safety is not simply a compliance tick-box. It is an integral part of risk management, reputation protection, and operational continuity. The organisations that lead on safety will lead in their industries.
Take the Next Step
If you own, develop, or manage property, you cannot afford uncertainty over your legal duties. Salus can help you:
- Identify exactly who holds responsibility in your organisation.
- Conduct and maintain compliant fire risk assessments.
- Prepare for, and excel in, fire safety audits.
Contact us today to arrange a consultation and take control of your fire safety responsibilities.