Published by the Home Office, this guide is intended for the Responsible Person and other persons on whom the fire safety legislation imposes duties (eg fire safety equipment and systems). This includes those with any contractual or tenancy obligations for maintenance, safety, and repair of the premises, including anything in or on the premises.
The purpose of this guide is to:
- Explain how the Regulatory Reform (Fire Safety) Order 2005 (as amended) (the FSO) and the Fire Safety (England) Regulations 2022 (the Regulations) are enforced.
- Advise of the sanctions that are available to Enforcing Authorities (EAs) if you fail to comply with this legislation.
- What the law requires.
- How is the Legislation Enforced?
- Powers of Inspecting Officers.
- Non-statutory verbal advice.
- Non-statutory notices.
- Statutory notices.
- Appeals against statutory notices.
- Prosecution.
- Who can be prosecuted?
This guidance reinforces the importance of taking fire safety responsibilities seriously and adopting a proactive approach to compliance. The updated enforcement regime makes it clear that Fire and Rescue Authorities have a range of powers available where breaches are identified, including the ability to issue statutory notices and pursue prosecutions where necessary. Responsible Persons should not view fire risk assessments as a one-off exercise; they must ensure that identified actions are implemented, fire safety arrangements remain effective, and compliance can be clearly demonstrated. Engaging competent fire safety professionals, maintaining accurate records, and regularly reviewing fire risk management arrangements are key to reducing risk, protecting occupants, and avoiding potentially significant enforcement action and reputational damage.
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