Who Can Carry Out a Fire Risk Assessment?

Under the Regulatory Reform (Fire Safety) Order 2005 (RRO), the Responsible Person for a premises has a legal duty to ensure a fire risk assessment is carried out. However, the law does not explicitly require the Responsible Person to conduct this assessment personally. Instead, the legislation places the duty on them to *ensure* it is done adequately.

This often leads to confusion for business owners and landlords. Can you do it yourself? When must you hire a professional? This article clarifies the legal requirements regarding competence under Article 9 of the RRO and helps you decide the best route for compliance.

The Definition of a "Competent Person"

Article 9 of the RRO requires the Responsible Person to appoint one or more competent persons to assist in undertaking preventative and protective measures. The key word here is "competent." In the eyes of the law, competence is not just about having a job title; it is about having the necessary skills, knowledge, and experience to do the job effectively.

The Health and Safety Executive (HSE) defines a competent person as someone with:

• Sufficient knowledge and experience of the specific type of premises and the activities conducted within it.
• Understanding of the relevant fire safety legislation, including the RRO 2005 and any applicable British Standards (such as BS 9999 or BS 9991).
• The ability to identify hazards and evaluate the risks associated with those hazards.
• The capacity to implement appropriate control measures and record findings accurately.

If you possess these attributes regarding your own business premises, you are legally permitted to carry out the assessment yourself.

Can the Responsible Person Do It Themselves?

Yes, the Responsible Person can carry out the fire risk assessment, provided they meet the criteria of competence outlined above. For small, low-risk businesses—such as a small office or a retail shop with a simple layout—this is often a practical solution. No one knows the building and its daily operations better than the business owner.

However, self-assessment requires honesty. You must be confident that you can identify every potential fire hazard, from faulty wiring to improper storage of combustible materials. You must also understand the requirements for fire detection, warning systems, and escape routes under current UK guidance.

If the premises are complex, house multiple occupants, or involve high-risk activities (such as storing chemicals or sleeping accommodation), the level of knowledge required increases significantly. In these cases, the Responsible Person may lack the specific technical expertise required to be deemed "competent."

When to Hire a Professional Fire Risk Assessor

There are specific scenarios where the guidance suggests that external help is necessary. If your premises are large, multi-storey, or used for high-risk purposes, relying on a generic DIY assessment may leave you non-compliant and vulnerable to enforcement action.

You should consider hiring a specialist if:

• The building is complex: Large open-plan offices, factories, or multi-occupied buildings require detailed calculations regarding travel distances and occupancy capacities.
• There is a high-risk occupancy: Care homes, hospitals, and blocks of flats adhere to strict guidelines (such as PAS 79 or BS 9991) regarding fire safety strategy.
• You lack the time or confidence: Fire safety is a serious matter. If you are unsure about the condition of your fire doors or the adequacy of your emergency lighting, professional assistance is the safest option.
• Changes have been made: If you have recently altered the layout or use of the building, a fresh pair of expert eyes can ensure new risks haven't been introduced.

Qualifications and Accreditation

While the RRO does not legally mandate that an assessor holds a specific certificate, industry best practice provides a clear standard. A truly competent professional will usually hold qualifications from recognised bodies such as the NEBOSH Certificate in Fire Safety or the Institution of Fire Engineers (IFE).

At HawkSwift Ltd, we ensure that every assessment is conducted by NEBOSH-qualified assessors. This guarantees that the evaluation of your premises is based on solid technical knowledge and current best practice. Choosing a provider with verified credentials ensures that the assessment will stand up to scrutiny from the Fire and Rescue Service.

The Consequences of Getting It Wrong

Failing to ensure that a competent person carries out the assessment is a criminal offence. If an inspection reveals that the assessment is "not suitable or sufficient," the Responsible Person can face enforcement notices, substantial fines, or in severe cases, imprisonment.

Furthermore, an inadequate assessment can invalidate your insurance. If a fire occurs and it is found that your risk assessment did not identify obvious hazards, insurers may refuse to pay out for damages or loss of income.

Summary

Ultimately, the law requires the assessment to be "suitable and sufficient." Whether you perform the task yourself or hire a professional, the legal responsibility remains with you, the Responsible Person. If you have any doubt about your ability to identify and mitigate fire risks in your building, it is prudent to outsource the task to an expert.

For peace of mind and compliance with current UK legislation, consider using a specialist service. HawkSwift Ltd offers comprehensive fire risk assessments from £199 + VAT, carried out by NEBOSH-qualified assessors with reports delivered within 48 hours. To ensure your business is protected, book a fire risk assessment today.