The Regulatory Reform (Fire Safety) Order 2005, usually called the Fire Safety Order or FSO, is the main fire safety law for buildings in use in England and Wales. It applies to almost all non-domestic premises. It also covers the shared parts of residential buildings, such as blocks of flats and HMOs.

The Fire Safety Order puts the duty on one named person, the responsible person. They must assess the risk of fire and do what is reasonably needed to keep people safe. However, there is no certificate to get and no inspector to sign things off in advance. Instead, the duty is yours, and it never stops.

In this guide we explain where the Order applies and who the responsible person is. We also cover the core duties, where fire doors fit in, how the Order has changed since 2005, and how enforcement works.

What the Order Is and Why It Exists

The Fire Safety Order came into force on 1 October 2006. It replaced a patchwork of older fire laws, including the old fire certificate system. Under that system, the fire service inspected certain premises and then issued a certificate setting out what they needed.

The Order turned that model round. Now, instead of the fire service telling owners what to do, the person in control of the premises has to work it out themselves. They do this through a fire risk assessment, then put the right measures in place and keep them working.

The Order applies in England and Wales, while Scotland and Northern Ireland have their own fire safety laws. It also works alongside the Building Regulations rather than replacing them. In short, the Building Regulations govern how you design and build a building, while the Order governs how you manage and maintain it once people use it.

Where the Fire Safety Order Applies

The Fire Safety Order applies to almost every building other than a private home. For example, that includes:

• Offices, shops, factories, warehouses and other workplaces
• Hotels, guest houses and short-term lets
• Schools, care homes, hospitals and community buildings
• Gyms, leisure centres, places of worship and venues
• The shared parts of blocks of flats and houses in multiple occupation

However, it does not apply inside a private home. In addition, for buildings with two or more flats, the Fire Safety Act 2021 confirmed that it also covers the structure, outside walls and flat entrance doors.

Some building types also bring their own pressures. Our guides to fire door regulations for gyms and leisure centres, warehouse fire doors and HMO fire safety regulations apply the Order to specific buildings.

Who the Responsible Person Is

Article 3 sets out who the responsible person is. In a workplace, it is the employer, as far as the workplace is under their control. Elsewhere, it is the person who controls the premises as part of a business, or else the owner.

In practice, that usually means the employer, the freeholder, the managing agent or a residents’ management company. Some buildings also have more than one responsible person. For example, a block of flats with shops on the ground floor may have one responsible person for the shops and another for the shared residential parts. When that happens, the Order requires them to work together and share information.

Other people can carry duties too. For instance, anyone who controls part of the premises, such as a contractor who maintains the fire doors, can hold duties as far as that control goes.

You can appoint someone else to carry out the fire risk assessment or the repairs. However, you cannot hand over the legal duty itself.

[Image: a managing agent and a CFP surveyor reviewing a fire door report in a communal hallway] Alt text: A managing agent reviewing a fire door survey report with a CFP surveyor in the communal hallway of a block of flats.

The Core Duties

The Order is long. Even so, the duties that matter most to building owners come down to a handful of articles.

First, the responsible person must take general fire precautions to keep people safe. They must also carry out a suitable and sufficient fire risk assessment and review it regularly, especially when the premises or their use change. In addition, they must record their fire safety arrangements, meaning how they plan, organise, control, monitor and review their fire safety measures.

They must also keep escape routes and exits clear and usable, with emergency lighting and signs where needed. They need procedures for serious and imminent danger too. Finally, they must give staff, and residents in residential buildings, the fire safety information and training they need.

Above all, Article 17 requires them to keep the premises and every piece of fire safety equipment in efficient working order and good repair. That maintenance duty is where most enforcement action starts.

Where Fire Doors Fit In

Fire doors are one of the most important fire safety measures the Fire Safety Order covers. They are also one of the easiest to let slip.

A fire door protects an escape route or holds a fire inside one part of a building. However, it only does that if it closes, latches and seals properly every time. So under Article 17, the responsible person must keep it that way through maintenance, routine checks and repair.

In blocks of flats, the Fire Safety (England) Regulations 2022, made under the Order, also set specific timings. In buildings over 11 metres, you must check communal fire doors at least every three months and flat entrance doors at least once a year. Our guides on inspection frequency in blocks of flats and in commercial buildings explain the detail.

The Order does not mention fire door surveys by name. Still, a detailed survey is the most practical way to show you have met the maintenance duty. A fire risk assessor will look at fire doors as part of the wider picture, but usually only checks a sample.

Our guide to fire door surveys vs fire risk assessments explains why the two do different jobs.

How the Fire Safety Order Has Changed Since 2005

Since Grenfell, the government has updated the Order several times, in three main phases.

First, the Fire Safety Act 2021 came into force on 16 May 2022. It made clear that in buildings with two or more flats, the Order covers structure, outside walls and flat entrance doors.

Next, the Fire Safety (England) Regulations 2022 came into force on 23 January 2023. They added specific duties for residential buildings, including fire door information for residents and fire door checks in buildings over 11 metres.

Then, from 1 October 2023, section 156 of the Building Safety Act 2022 strengthened the Order for all premises. Since then, every responsible person must record the full fire risk assessment, whatever the size or type of premises. They must also record the name of anyone who helped carry it out, along with their fire safety arrangements. In addition, responsible persons must work together and share information more closely, and give residents information about the fire risks in their building. However, the government held back one further rule, which would require the person carrying out a fire risk assessment to be competent.

Enforcement and Penalties

Local fire and rescue authorities enforce the Fire Safety Order in most cases. Their inspecting officers can visit premises, ask to see the fire risk assessment and records, and inspect the building.

When they find problems, they can use a range of notices. For example, an alteration notice means you must tell the authority before making changes that could increase the risk. An enforcement notice lists failures and gives you a deadline to fix them. Finally, a prohibition notice can restrict or stop the use of premises when the risk to people is serious.

Breaking the Fire Safety Order is also a criminal offence. On conviction in the Crown Court, the penalties include an unlimited fine and up to two years in prison. Most cases never reach that stage. However, poorly maintained fire doors are among the most common reasons authorities serve notices. Our article on what happens if a fire door fails an inspection explains how failures usually play out.

Frequently Asked Questions

Does the Fire Safety Order apply to my house?

Not if one household lives there as a single home. Instead, it applies to non-domestic premises and to the shared parts of buildings that more than one household uses, such as blocks of flats and HMOs.

Who enforces the Fire Safety Order?

Mainly the local fire and rescue authority. For HMOs, however, the local housing authority often takes the lead on fire safety under housing law, working alongside the fire service.

Do I have to have a written fire risk assessment?

Yes. Since 1 October 2023, every responsible person must record the full fire risk assessment, whatever the size or type of the premises.

Can I carry out my own fire risk assessment?

The Order allows it, as long as the assessment is suitable and sufficient. Unless you have the knowledge and experience to do that, though, a competent fire risk assessor is the safer choice. Either way, the legal duty stays with you.

Does the Fire Safety Order require fire door surveys?

Not by name. Instead, it requires you to keep fire doors in efficient working order and good repair. A fire door survey is simply the most practical way to show you have met that duty.

Need Help Meeting Your Fire Door Duties?

At CFP Carpentry & Fire Prevention, we help responsible persons meet their fire door duties under the Order. We carry out detailed fire door surveys and complete the remedial works they find. When a door needs replacing, we also supply and install certified fire doors.

In the South and South West we cover Bournemouth, Southampton, Poole, Exeter and Plymouth. Across London and the South East we cover London, Guildford, Slough and Croydon. We also work in Bristol, Swindon and Oxford.

Want a clear record of the fire doors in your building? Get in touch to arrange a survey.