hmo-fire-risk-assessment-legal-duties

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The Regulatory Reform (Fire Safety) Order 2005 places the legal duty of fire safety squarely on the "responsible person" — typically the employer, owner, landlord, or anyone with control of non-domestic premises. This individual must ensure a suitable and sufficient fire risk assessment is carried out, maintained, and reviewed. Recent incidents across the UK continue to demonstrate that confusion over who holds this duty, or failure to act upon it, remains a primary factor in enforcement action and, tragically, in loss of life.

For landlords and HMO operators, the responsible person duties extend beyond standard residential properties. Houses in multiple occupation typically require weekly fire-alarm testing under licence conditions, clear evacuation arrangements posted throughout the building, and identification of tenants who may require a personal emergency evacuation plan. Licensing thresholds vary by local authority but commonly trigger at three or more storeys or five or more tenants. The responsible person must liaise with the housing authority and ensure compliance with both the RRO 2005 and any additional licence conditions.

A written fire risk assessment is mandatory under Article 9 of the Order if you employ five or more people, operate a licensable premises, or if the building is not a private dwelling. The assessment must be reviewed at minimum annually and immediately following any significant change — whether that is structural alteration, change of use, or an incident that suggests existing precautions may be inadequate. Competence is the critical consideration here: whilst a knowledgeable owner-occupier might conduct their own assessment for a small low-risk premises, most responsible persons engage qualified assessors to produce a report that will withstand scrutiny in court or from an enforcing authority.

The PAS 79-1 methodology provides the recognised framework for competent assessment. This five-stage process begins with preliminary information gathering, identifying the responsible person and any previous assessments. Stage two examines ignition sources, fuel loads and oxygen supplies throughout the premises. Stage three evaluates who may be at risk, including occupants, visitors, contractors and those requiring assistance. Stage four determines whether risks are adequately controlled and whether existing fire precautions remain suitable. Finally, stage five requires recording the findings, producing an action plan with defined responsibilities and dates, and setting the review schedule.

HawkSwift delivers fire risk assessments conducted by NEBOSH-qualified assessors, producing written, court-defensible reports with clear action plans. This is general guidance, not formal legal advice — for premises-specific direction, book a HawkSwift assessment to ensure your duties under the RRO 2005 are properly discharged.