A guide for resident directors
Fire risk assessments for blocks of flats: what the law requires
In short
Every block of flats needs a fire risk assessment of its common parts, kept by the "responsible person": for a resident-run block, usually the management company. The law sets no fixed interval; it must be reviewed regularly and whenever it may no longer be valid. In England it must now be recorded in full, and it covers the structure, the external walls and the flat entrance doors as well as the common parts.
| The law | Regulatory Reform (Fire Safety) Order 2005, article 9 |
|---|---|
| Who is responsible | The responsible person: for a resident-run block, usually the management company |
| What it covers | The common parts, the structure and external walls, and flat entrance doors |
| How often | No fixed interval. Commonly reviewed every year, with a new assessment every three to five years |
| Recorded | In full, in writing, with the name of whoever made it (England, since 1 October 2023) |
Who is responsible
The Fire Safety Order places its duties on the "responsible person" for the parts of a building used in common. Where the leaseholders own the freehold through a company, or a management company is party to the leases and looks after the common parts, that is usually the company, and its directors carry out the duties on its behalf.
Where a company commits an offence under the Order with a director’s consent or connivance, or because of their neglect, the director can be prosecuted as well as the company.
What the assessment must cover
It must be "suitable and sufficient" to identify what is needed to keep people safe from fire. The Fire Safety Act 2021 made clear that in a building with two or more homes this includes:
- the structure and external walls, including windows and balconies;
- the entrance doors of the individual flats;
- the common parts: stairs, corridors, plant and meter rooms, bin stores.
What happens inside each flat, other than its entrance door, is not part of it.
How often
The Order asks for the assessment to be reviewed regularly, and whenever there is reason to think it is no longer valid or there has been a significant change: building works, a fire, a change in how the building is used. It sets no fixed interval.
Common practice is to review it every year and to commission a new assessment every three to five years, or sooner after a change. Assessors usually recommend a review date: record it and keep to it.
What changed in England in 2023
From 1 October 2023 the Building Safety Act 2022 amended the Order. The responsible person must:
- record the whole fire risk assessment in writing, not only its significant findings;
- record the name of anyone engaged to make or review it, and engage only someone competent;
- give residents information about the fire risks and the measures in place.
The Fire Safety (England) Regulations 2022 added, from 23 January 2023: fire safety instructions and information about fire doors for residents of every block with two or more flats; in blocks over 11 metres, checks of communal fire doors every three months and of flat entrance doors every year (on a best-endeavours basis); and in blocks over 18 metres, a secure information box, wayfinding signs, floor plans for the fire service and monthly checks of firefighting lifts and equipment.
If it is out of date
Fire and rescue authorities enforce the Order. They can serve an enforcement notice requiring work to be done, or a prohibition notice restricting use of the building. Failing to comply with the Order can lead to prosecution: an unlimited fine and, for the most serious offences, up to two years in prison.
Buyers’ solicitors and insurers routinely ask for the current assessment, so a lapsed one also slows down every flat sale.
Questions
How often does a block of flats need a fire risk assessment?
The law sets no fixed interval: the assessment must be reviewed regularly and whenever it may no longer be valid. Most blocks review it every year and commission a new one every three to five years.
Who should carry out a fire risk assessment for a block of flats?
Someone competent, which for most blocks means a professional fire risk assessor, ideally one certificated under a UKAS-accredited scheme. In England the responsible person must record who they engaged.
Does a fire risk assessment cover the inside of flats?
Only the flat entrance doors. It covers the common parts, the structure and the external walls.
Does a small block or converted house need a fire risk assessment?
Yes. The Order applies to the common parts of any building with more than one flat, so a converted house with a shared hallway and stair needs one too.
Sources
- Regulatory Reform (Fire Safety) Order 2005
- Fire Safety Act 2021
- Fire Safety (England) Regulations 2022
- Building Safety Act 2022, section 156
This guide explains the law in general terms. It is not legal advice: for a decision that matters to your block, take advice on your own leases and circumstances.