The Regulatory Reform (Fire Safety) Order 2005 Explained: UK Guide (2026)

Quick Answer

The Regulatory Reform (Fire Safety) Order 2005 (often called the Fire Safety Order or RRFSO) is the main UK fire safety law for non-domestic premises in England and Wales. It places legal duties on the "Responsible Person" — typically the employer, occupier or owner of the premises — to carry out a fire risk assessment, put fire safety measures in place, and keep them under review. Key duties include identifying fire hazards, identifying people at risk, evaluating risks, and recording findings. The Order has been significantly extended by the Fire Safety Act 2021 and Building Safety Act 2022, particularly for residential buildings.

The Regulatory Reform (Fire Safety) Order 2005 is the central piece of fire safety legislation in England and Wales. It applies to almost every non-domestic premises — workplaces, public buildings, common areas of residential blocks, hospitals, schools, hotels, places of worship. This guide explains what the Order requires, who's responsible, and how recent legislative changes have expanded its reach.

What is the Regulatory Reform (Fire Safety) Order 2005?

The Regulatory Reform (Fire Safety) Order 2005 (referred to in this article as the Fire Safety Order or RRFSO) came into force on 1 October 2006. It consolidated and replaced over 70 separate pieces of fire safety legislation that had built up over the previous decades — including the Fire Precautions Act 1971, which had operated a fire certificate scheme.

The Order applies in England and Wales. Scotland and Northern Ireland have separate (broadly similar) regimes — the Fire (Scotland) Act 2005 and the Fire and Rescue Services (Northern Ireland) Order 2006.

The fundamental shift the Order made was from prescriptive ("you must have a fire certificate that says X, Y, Z") to risk-based ("you must assess the fire risk and put in place reasonable controls"). The fire certificate scheme was abolished. Responsibility moved squarely onto the occupier or owner of the premises.

Where does the Fire Safety Order apply?

The Order applies to almost all non-domestic premises in England and Wales, including:

  • Workplaces of every kind — offices, factories, warehouses, shops
  • Public buildings — hospitals, schools, libraries, museums
  • Hotels, guest houses, hostels and other sleeping accommodation
  • Restaurants, pubs and licensed venues
  • Places of worship
  • Care homes and supported housing
  • Common areas in flats and blocks of flats
  • Self-contained business premises in shared buildings
  • Open-air events, theatres and entertainment venues
  • Construction sites

The Order does not generally apply to private dwellings — a private home occupied by a single household. However, common parts of multi-occupancy residential buildings (corridors, stairwells, plant rooms) are covered.

Who is the Responsible Person?

The Fire Safety Order places duties on the Responsible Person — a defined legal term. The Responsible Person is typically:

  • For workplaces: the employer (where they have control over the premises)
  • For other premises: the person who has control over the premises (the occupier, owner, or managing agent depending on the lease)
  • For multi-occupied buildings: there may be more than one Responsible Person — each with control over their part of the premises, plus a shared duty for common areas

For residential blocks of flats, the Responsible Person is usually the freeholder or managing agent for common parts (corridors, stairwells, lifts), while individual leaseholders may have duties for fire safety within their own demised premises.

The Responsible Person can delegate the practical work — for example, by appointing a fire safety consultant or fire risk assessor — but cannot delegate the legal liability. If something goes wrong, the Responsible Person is who the fire authority will pursue.

The main duties under the Order

DutyWhat it requires
Carry out a fire risk assessmentIdentify fire hazards, identify people at risk, evaluate risks, decide on controls. Record significant findings (mandatory in writing for premises with five or more employees, or where required by other law).
Put in place general fire precautionsReduce risk of fire and spread, ensure means of escape, ensure escape can be safely used, fight fire, detect and warn of fire, plan for emergencies, instruct and train staff.
Appoint competent personsAppoint enough trained people to help with fire safety duties — including marshalling people during evacuation.
Provide informationProvide employees with comprehensible information on fire risks, controls, evacuation procedures and the identity of competent persons.
Cooperate and coordinateWhere premises are shared, Responsible Persons must cooperate with each other and coordinate fire safety arrangements.
Provide trainingAdequate fire safety training for employees on starting work and at intervals appropriate to the risk.
Maintain measuresEnsure fire safety equipment, systems and devices are subject to a suitable system of maintenance and kept in efficient working order.
Record and reviewRecord significant findings of the assessment. Review when circumstances change or assessment is no longer valid.

The fire risk assessment

The fire risk assessment is the foundation of compliance. The Order doesn't prescribe a specific format, but it does require the assessment to be "suitable and sufficient" — meaning it must be appropriate for the premises and the risks present.

The 5-step approach recommended by the HSE and applied to fire is:

  1. Identify fire hazards — sources of ignition, sources of fuel, sources of oxygen
  2. Identify people at risk — employees, visitors, vulnerable groups, those isolated from escape routes
  3. Evaluate, remove or reduce, and protect from risk — apply the hierarchy of control
  4. Record, plan, inform, instruct and train — written record of significant findings, emergency plan, staff information and training
  5. Review — when circumstances change, after incidents, periodically (typically annually)

Who carries out the assessment is the Responsible Person's choice — but the Order requires it to be done by a "competent person" with the necessary knowledge, training and experience. For complex or high-risk buildings, this typically means engaging a registered fire risk assessor (see our guide on becoming a fire risk assessor).

Recent changes: Fire Safety Act 2021 and Building Safety Act 2022

The Fire Safety Order has been significantly modified by two recent pieces of legislation, both responses to the Grenfell Tower fire of 2017.

Fire Safety Act 2021

Came into force in stages from May 2022. Clarifies that for buildings with two or more sets of domestic premises, the Fire Safety Order applies to:

  • The structure and external walls of the building (including cladding, balconies, windows)
  • Anything attached to the external walls
  • All doors between domestic premises and common parts (flat entrance doors)

This explicitly placed external walls and flat entrance doors within the scope of the Responsible Person's duties — clearing up legal ambiguity that had existed before Grenfell.

Building Safety Act 2022

Came into force in stages from 2023. Major regulatory reform for "higher-risk buildings" — defined as buildings of at least 18 metres or 7 storeys with at least two residential units. The Act introduced:

  • The Building Safety Regulator (within the HSE)
  • A new "Accountable Person" duty for in-occupation higher-risk buildings
  • Mandatory occurrence reporting
  • The "golden thread" of building information requirement
  • Strengthened residents' rights to information

Higher-risk buildings have additional duties on top of the Fire Safety Order's existing requirements. For these buildings, the Accountable Person and Responsible Person duties operate alongside each other.

Section 156 amendments (Building Safety Act)

From 1 October 2023, the Order was amended to require Responsible Persons to:

  • Record their fire risk assessment in full (not just significant findings)
  • Record fire safety arrangements in writing
  • Take all reasonable steps to identify other Responsible Persons and provide their contact details
  • Provide information to residents in residential buildings

This was a major tightening — the previous "five or more employees" threshold for written records was effectively replaced with universal written-record duties.

Enforcement and penalties

Enforcement of the Fire Safety Order falls primarily to local Fire and Rescue Authorities. They have powers to:

  • Inspect premises (with or without notice)
  • Issue alteration notices (where premises pose a risk)
  • Issue enforcement notices (where the Order is being breached)
  • Issue prohibition notices (where there's serious risk to life)
  • Prosecute for breach of the Order

Penalties for breach can be severe. Summary conviction in the Magistrates' Court can carry an unlimited fine. Conviction on indictment in the Crown Court can carry up to two years' imprisonment, an unlimited fine, or both. The Building Safety Act increased some penalties further for higher-risk buildings.

Recent prosecutions have produced six-figure fines for serious breaches — particularly where lives have been lost or where Responsible Persons have ignored prior enforcement notices.

Common compliance failures

1. No fire risk assessment

The most common failure. Either no assessment exists, or the assessment is so old or generic that it doesn't reflect the current premises.

2. Inadequate competence

Assessment carried out by someone without the necessary knowledge — for example, a managing agent's own staff carrying out assessments of high-rise residential buildings without specialist training.

3. Identified actions never completed

The assessment lists required actions, but they're never implemented. Fire authorities increasingly check this.

4. Doors that don't perform

Fire doors propped open, missing intumescent strips, gaps too large, self-closers removed. Common audit findings.

5. Out-of-date arrangements after change

Building use has changed (e.g., office converted to residential), occupancy has increased, layout has changed — but the fire risk assessment hasn't been reviewed.

Frequently asked questions

When did the Regulatory Reform (Fire Safety) Order 2005 come into force?

The Order was made in 2005 and came into force on 1 October 2006. It replaced over 70 earlier pieces of fire safety legislation and abolished the fire certificate scheme.

Does the Fire Safety Order apply to my home?

No — private domestic premises are excluded. The Order applies to non-domestic premises and to the common parts of multi-occupied residential buildings. If you live in a block of flats, the Order applies to the corridors, stairwells, lifts and external walls (covered by your landlord or managing agent), but not to the inside of your individual flat.

Who is the Responsible Person under the Fire Safety Order?

The Responsible Person is the employer (for workplaces), or the person who has control over the premises (for other premises). In multi-occupied buildings there may be more than one Responsible Person, each with duties for the parts they control.

Do I need a fire certificate?

No. The fire certificate scheme was abolished by the Fire Safety Order in 2006. Compliance is now based on the Responsible Person carrying out a fire risk assessment and keeping fire safety measures up to date.

How often should a fire risk assessment be reviewed?

The Order requires review whenever circumstances change or whenever the assessment is no longer valid. As best practice, an annual review is typical for stable premises, with more frequent review for higher-risk or rapidly changing environments. Major changes to the building, occupancy, or activities should trigger an immediate review.

What's the difference between the Fire Safety Order and the Fire Safety Act 2021?

The Fire Safety Order is the main legislation (2005). The Fire Safety Act 2021 amends the Order — specifically clarifying that for residential buildings, the Order covers the building structure, external walls, and flat entrance doors. The Order remains the underlying law; the Act is one of several amending pieces of legislation.

Can I be prosecuted under the Fire Safety Order?

Yes. Breach can carry an unlimited fine, and conviction on indictment can carry up to two years' imprisonment. Recent prosecutions have produced six-figure fines for serious breaches, particularly where lives have been lost or where Responsible Persons have ignored prior enforcement notices.

Where to learn more

If you're a Responsible Person under the Fire Safety Order, or you're aiming to become a competent fire risk assessor, KeyOstas offers:

For consultancy support on fire risk assessments, see our Risk Assessment & Management consultancy. Or call us on +44 (0) 3300 569534.

Related: our guide to becoming a fire risk assessor in the UK covers the qualifications and route into specialist fire safety practice.