Who and What Does the Regulatory Reform (Fire Safety) Order 2005 Apply To?

Most business owners have heard of the "fire safety order," but far fewer can state precisely who and what it covers. The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) is the principal fire-safety law for England and Wales, and it applies to a remarkably wide range of premises — but not absolutely everything. Understanding its scope is the first step to compliance, because you cannot meet a duty you do not know applies to you. This guide sets out what the Order covers, where it stops, and who carries the responsibility.

The core rule: non-domestic premises

Article 1 and Article 3 of the RRO 2005 apply it to non-domestic premises. In plain terms, that means almost anywhere people are not living as their sole private residence. The Order covers:

• Workplaces of every kind — offices, shops, factories, warehouses, restaurants, and salons.
• Public buildings — schools, places of worship, community centres, leisure centres, and village halls.
• Premises providing accommodation — hotels, guest houses, care homes, hostels, and halls of residence.
• The common parts of multi-occupied residential buildings, including blocks of flats and HMOs.
• Outdoor and temporary structures used for trade or public assembly where relevant.

If a building is used for a trade, business, or undertaking, or is open to the public, it is almost certainly within scope.

What about domestic premises?

The RRO 2005 generally does not apply to the individual private dwelling itself. A person's own flat or house, as a home, is out of scope. However, the common parts of blocks of flats, shared landings, stairwells, and communal facilities are within scope and must be assessed by the responsible person (usually the landlord or managing agent).

For houses in multiple occupation (HMOs), the shared areas and the means of escape are firmly within scope, and HMO licensing often layers additional fire-safety conditions on top of the Order. Landlords letting single dwellings have separate duties under housing law, but the RRO 2005 is not the primary instrument for the private living space itself.

Who is the responsible person?

The Order places duties on the responsible person, defined in Article 3 as:

• The employer, where they have control of the premises.
• The person who has control of the premises in connection with a trade, business, or other undertaking.
• The owner, where no one else has control in connection with such an undertaking.

In a shop, that is the business owner. In a rented unit, it may be both landlord (for the structure and common parts) and tenant (for the unit). Where control is shared, there can be more than one responsible person, each individually accountable.

Premises with special or modified rules

Some premises are within scope but subject to additional or different regimes:

• High-rise residential buildings in England have extra duties under the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 — including providing building information to fire and rescue services and informing residents.
• Construction sites are covered, with duties on the principal contractor and others under related health and safety law.
• Care homes and hospitals require "suitable and sufficient" assessments with particular attention to vulnerable people who cannot self-evacuate.
• Crown, parliamentary, and certain defence premises are covered by equivalent provisions, sometimes with modified enforcement.

Exemptions and exclusions

The Order does not apply to everything. Notable exemptions and exclusions include:

• Domestic premises used as a private home (the dwelling itself).
• Offshore installations and certain ships/shipbuilding sites, which have their own regimes.
• Fields, woods, and other land not used for commercial or public purposes.
• Aircraft, trains, and certain vehicles under transport-specific law.
• Mines and some quarries, covered by separate legislation.

Even where the Order does not directly apply, overlapping duties often arise under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999.

Scotland and Northern Ireland

The RRO 2005 applies to England and Wales. Scotland has its own fire-safety regime under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, and Northern Ireland has the Fire and Rescue Services (Northern Ireland) Order 2006. The duties are similar in spirit — risk-based, with a responsible person — but the specific provisions differ, so businesses operating across borders must check each jurisdiction.

The single duty that follows from scope

Where the Order applies, the responsible person must, above all, carry out a suitable and sufficient fire risk assessment (Article 9) and put in place general fire precautions (Article 11). Scope determines *whether* you are caught; the assessment determines *what* you must do. Many businesses wrongly assume they are too small, too low-risk, or too domestic to need one — and discover otherwise only when an inspector calls.

How HawkSwift helps you confirm your obligations

At HawkSwift Ltd, we help businesses of every size and sector confirm whether and how the RRO 2005 applies to them, and then deliver a court-defensible, PAS 79 / RRO 2005-aligned fire risk assessment written for the specific premises. Our NEBOSH-qualified assessors identify your responsible person(s), your scope, and the exact precautions the Order requires.

Fire risk assessments start from £199 + VAT with a 48-hour turnaround. Book your fire risk assessment or contact our team to confirm your duties under the RRO 2005.

*This article is general guidance based on the RRO 2005 and is not formal legal advice. For a premises-specific assessment, book a HawkSwift visit.*