23rd October 2024

The Importance Of Keeping Your Fire Risk Assessment Up To Date

In October 2023 a number of changes were introduced by the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) under the Building Safety Act 2022. 

The changes were brought about in response to the Grenfell Tower tragedy and considered fire control measures across the lifespan of a building through design, construction and day to day use phases.

The requirement to comply with the RRFSO is a duty imposed on tenants, occupiers, landlords, managing agents or freeholders of non-domestic premises in England and Wales. 

The order requires all dutyholders to make an assessment of the risks to life emanating from fire, considering the building structure and the external walls, along with all internal areas occupied by the dutyholder and what operations are undertaken within them. 

This could include:

• A demise occupied by a dutyholder within a multi-tenure commercial building – for example, an office in a serviced office building or a retail premises with flats above it.
• An office, surgery, retail shop, factory, warehouse, motor trade premises etc. occupied wholly by a single dutyholder. These could be detached, terraced, or part of a more complex estate such as a mill premises. 
• A pub, club, sports venue or place of assembly
• An educational premises such as a nursery, school, college or university
• A sleeping accommodation building occupied wholly by a dutyholder such as a hotel or care home.
• The common parts of a sleeping accommodation building such as a block of flats or student block – the responsibilities for ongoing management of which are retained by the dutyholder including areas such as corridors, plant rooms, bin stores, car parks etc. 

The effective policing of this legislative requirement is placed with a local fire and rescue authority. These authorities can inspect a premises at any time to ascertain whether or not the RRFSO is being complied with. 

Inspections can be pre-arranged by the authority or could take place unannounced, perhaps in the aftermath of an incident or upon a ‘tip-off’ by a member of the public or employee within the building. 

During such an inspection, the authority will usually ask for a copy of the dutyholder’s most recent Fire Risk Assessment and review its contents to ensure that any recommendations or action points have been taken on board and implemented. 

Typically, a review of employee training will also be undertaken to ensure that suitable and sufficient instruction and training has been provided to anyone with a specific role in the ongoing management of life safety fire risk control measures, including the evacuation of a premises in the event of a fire. 

Should an inspector be unsatisfied with the content of the fire risk assessment, the evidence of ongoing management of controls by the dutyholder, or the knowledge and training of on-site staff then they have a number of options at their disposal including issuing an Enforcement Notice or Prohibition Notice. 

To avoid this situation, it is important that dutyholders ask a ‘competent’ person to undertake a fire risk assessment, or to review their fire risk assessment, at suitable time intervals. This will allow any legislative changes – such as those introduced in 2023 – to be advised upon within a reasonable timeframe from their introduction. 

It is also vital that new fire risk assessments be undertaken following any significant change to non-domestic premises – including things such as structural alterations, changes to internal layouts or occupation, or following an incident (fire) or near miss.