Frequently Asked Questions (FAQs)

What is the current fire safety legislation and where does it apply?

The Regulatory Reform (Fire Safety) Order 2005 (as amended), commonly referred to as the FSO, is the primary piece of legislation governing fire safety in buildings in England and Wales.

The FSO applies to all non-domestic premises, houses in multiple occupation (HMO),  and the communal parts of residential buildings containing 2 or more domestic units of accommodation. It places legal duties on anyone in control of these premises, referred to as the Responsible Person, to undertake and formally record a fire risk assessment.

Now supporting and strengthening the FSO are the Fire Safety Act 2021, which provides clarification that the external walls, flat entrance doors and structure of buildings are all covered by the FSO, and must be accounted for in a fire risk assessment, and The Fire Safety (England) Regulations Fire Safety (England) Regulations 2022 and section 156 of the Building Safety Act, which introduce additional duties for Responsible Persons.

I’m not sure if I have legal responsibilities for fire safety in my premises?

The Regulatory Reform (Fire Safety) Order 2005 (as amended), commonly referred to as the FSO, defines who a Responsible Person is.

A Responsible Person is someone who has legal control over the premises; the employer, the occupier, the owner, or anyone else with control of the premises, for example a facilities manager, building manager or managing agent.

This applies to all non-domestic premises, and domestic premises with communal areas and two or more units of accommodation.

Where do I find guidance and advice to assist me in understanding my fire safety responsibilities?

Please have a read of all the FAQs on Thanet Fire Safety Ltd’s FAQ pages. If you can’t find what you’re looking for, or need any clarification, then please feel free to reach out and contact us.

Due to recent amendments to the Regulatory Reform (Fire Safety) Order 2005 (as amended), commonly referred to as the FSO, outdated, incorrect and often contradictory legacy fire safety information can be found on the internet.

The most accurate and authoritative web based fire safety guidance can be found via the HM Government webpages, or regarded fire safety organisations such as the Institute of Fire Safety Managers (IFSM) , the Institute of Fire Engineers (IFE), the Fire Industry Association (FIA) or the Fire Protection Association (FPA).

Do I need a fire risk assessment?

All non-domestic premises, houses in multiple occupation (HMO), and the communal parts of residential buildings containing 2 or more units of domestic accommodation, are required by law to have a suitable and sufficient fire risk assessment in place.

If you’re an employer, occupier, owner, landlord, or have any other control over a premises, you’re legally required to carry out a fire risk assessment. The Regulatory Reform (Fire Safety) Order 2005 (as amended), commonly referred to as the FSO, places the responsibility for ensuring fire safety on the Responsible Person for the premises, and a fire risk assessment is a key part of meeting this legal obligation.

How much does a fire risk assessment cost?

The cost of a fire risk assessment depends on a number of influencing factors e.g. the height, size, type, occupancy, use and complexity of the premises, the scope of works and any additional services required etc.

It’s recommended the Responsible Person should always consider both the cost and the fire risk assessor’s competence, competence being a combination of training, skills, experience and knowledge needed to perform a task safely and effectively, to ensure a thorough, professional and competitive fire risk assessment.

Cheapest is not always the best option!

Thanet Fire Safety Ltd offer starting prices of £299.00 (no added VAT) for fire risk assessments. Where same time multiple instructions are received, a discount would always be considered.

Can I carry out my own fire risk assessment?

You can carry out a fire risk assessment yourself with the help of standard fire safety risk assessment guides.

If however you feel you do not have the competence or time to carry out the fire risk assessment yourself, you should appoint a competent person to help, for example a professional and qualified fire risk assessor.

Who should carry out a fire risk assessment?

A fire risk assessment should be carried out by a competent person. For small simple low risk premises this could be the Responsible Person, if they possess sufficient fire safety knowledge, or someone professional such as a qualified fire risk assessor.

If I employ the services of a fire risk assessor, how do I know they are competent?

Competence is a combination of training, skills, experience and knowledge needed to perform a task safely and effectively.

At Thanet Fire Safety Ltd our hugely experienced fire risk assessors possess some of the highest awarding fire safety qualifications available, all who were fire safety enforcing officers in a fire and rescue service. Additionally, our fire risk assessors are members of the Institute of Fire Safety Managers (IFSM) and/ or the Institute of Fire Engineers  (IFE), and are duly accredited and invited onto their respective national fire risk assessors registers. All hold Public Liability & Professional Indemnity insurance cover and are DB checked.

If I feel that I’m not able to confidently carry out a fire risk assessment and I employ the services of a fire risk assessor, does that discharge my legal responsibilities?

No!

As a Responsible Person you always remain legally responsible for the fire safety arrangements within your premises, which is why it is so important to employ a competent fire risk assessor.

You must ask the right questions of a fire risk assessor to ensure their competence is appropriate to your premises. This is regarded in law as the carrying out of your ‘due diligence’.

Many fire risk assessors have basic entry level fire safety qualifications which are pitched for low and medium risk premises only, and low or limited levels of premises exposure.  Be very aware of fire risk assessors operating in premises beyond their competence.

We at Thanet Fire Safety Ltd have fire risk assessors who possess some of the highest awarding fire safety qualifications available, all of who were fire safety enforcing officers in a fire and rescue service. Additionally, our fire risk assessors are members of either the Institute of Fire Safety Managers (IFSM) and/ or the Institute of Fire Engineers  (IFE), and are duly accredited and invited onto their respective national fire risk assessors registers. All hold Public Liability & Professional Indemnity insurance cover and are DB checked.

Whilst fire risk assessors are currently not legally required to be registered, the law does require a fire risk assessor to be competent, and in the coming few years all fire risk assessors will be required to be formally held on a national fire safety competency based register.

If in doubt, please reach out and will impartially advise and direct you, whether you use our services or not.

What does a fire risk assessment involve?

A fire risk assessment is a thorough inspection of a premises to identify potential fire hazards and determine the risk they pose to people and property. During the assessment, a fire risk assessor examines the premises physical structure and layout, identifies possible ignition sources and fuels, and evaluates the effectiveness of the existing fire safety arrangements including the means of escape, automatic fire detection alarm systems, emergency lighting, suppression systems etc. They also review the premises records and procedures.

After the inspection, a detailed fire risk assessment is created. This report outlines the findings, the level of risk for each hazard, and a prioritized action plan to address them and lower the overall risk level.

How often does fire risk assessment need to be reviewed?

Whilst there is no stated legal time frame for how often fire risk assessments must be reviewed, best practice guidance, mirroring Health & Safety Executive (HSE) recommendations, a fire risk assessment should be reviewed at a minimum of every 12 months from the date of the assessment.

The Regulatory Reform (Fire Safety) Order 2005 (as amended), commonly referred to as the FSO, clearly states that a fire risk assessment must be reviewed; if there is reason to believe it is no longer valid, therefore this may be earlier than 12 months, or significant changes have occurred, or there has been a fire.

And where changes to a fire risk assessment are required, as a result of any such review, the Responsible Person must make them.