The Fire Safety Order 2005 — what it requires
A plain-English explanation of the Regulatory Reform (Fire Safety) Order 2005 — who it applies to, what the responsible person must do, and how fire alarms fit into the legal framework.
The Regulatory Reform (Fire Safety) Order 2005 is the primary piece of fire safety legislation for non-domestic premises in England and Wales. It places a legal duty on the responsible person — typically the employer or building owner — to take appropriate fire precautions to protect everyone who uses the building. A fire alarm system is often central to meeting that duty, but it is only one part of a broader set of obligations.
The Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 — commonly abbreviated to the FSO or the Fire Safety Order — came into force in October 2006 and replaced over 70 previous pieces of fire safety legislation, including the Fire Precautions Act 1971. It applies to all non-domestic premises in England and Wales, with very few exceptions.
The Order is enforced by the local fire and rescue service, which has powers to inspect premises, issue enforcement notices, prohibition notices, and — in serious cases — prosecute. Failure to comply is a criminal offence that can result in an unlimited fine and up to two years’ imprisonment.
Who it applies to
The Responsible Person
The central concept of the Fire Safety Order is the responsible person. This is the person who has control of the premises, or has a degree of control over certain areas or systems. In practice this is usually:
- The employer, if the premises are a workplace
- The owner, if the premises are not a workplace
- The occupier, if they have control of the premises
- A managing agent or facilities manager, in some circumstances
In a multi-occupied building, there may be more than one responsible person — one for each occupied area, plus one for the common parts. Each is responsible for their own area and must cooperate with the others.
Core obligations
What the Responsible Person Must Do
| Obligation | What it means in practice |
|---|---|
| Carry out a fire risk assessment | A suitable and sufficient assessment of fire risk, carried out by a competent person, kept up to date, and recorded in writing for premises with five or more employees |
| Implement appropriate fire precautions | Take the general fire precautions identified as necessary by the risk assessment — which may include installing or upgrading a fire alarm system |
| Provide means of detecting and giving warning of fire | An appropriate fire detection and warning system — which may range from a simple manual alarm to a full automatic detection system depending on the premises |
| Provide means of escape | Adequate escape routes, emergency lighting, and fire exit signage to enable safe evacuation |
| Provide fire-fighting equipment | Appropriate extinguishers, hose reels, or other equipment as identified by the risk assessment |
| Train staff | Fire safety training for all employees, including what to do on discovering a fire and how to evacuate |
| Maintain fire precautions | Keep all fire precautions — including the fire alarm system — in efficient working order and in good repair |
| Review the risk assessment | Review whenever there is reason to suspect it is no longer valid — after a change of use, layout, occupancy, or following an incident |
Fire alarms and the Order
Where Fire Alarms Fit In
The Fire Safety Order requires the responsible person to provide appropriate means of detecting fire and giving warning in case of fire. What is “appropriate” is determined by the fire risk assessment — it could be a simple manual alarm for a small low-risk premises, or a full automatic detection system for a complex building with vulnerable occupants.
The Order does not specify which British Standard must be followed, but BS 5839-1 is the recognised benchmark for non-domestic fire alarm systems. A system designed, installed, and maintained to BS 5839-1 is the clearest evidence that the fire detection and warning obligation under the Order is being met.
The Fire Risk Assessment is the Foundation
Everything under the Fire Safety Order flows from the fire risk assessment. It determines whether a fire alarm is needed, what type of system is appropriate, and what maintenance is required. A fire alarm installed without reference to a fire risk assessment may not meet the Order’s requirements — even if it is a high-specification system. The assessment must come first.
Enforcement and penalties
How the Order is Enforced
The local fire and rescue service is the primary enforcing authority for the Fire Safety Order. Inspectors have the power to enter premises, inspect fire precautions, and take enforcement action where deficiencies are found.
Enforcement action can take several forms. An enforcement notice requires specific improvements within a set timescale. A prohibition notice restricts or prohibits use of all or part of the premises where there is a serious risk to life — this can mean immediate closure. Where there is a serious failure to comply, prosecution follows.
Convictions can result in an unlimited fine for organisations and up to two years’ imprisonment for individuals. The courts have taken an increasingly serious view of fire safety failures, particularly following high-profile incidents.
Common questions
Frequently Asked Questions
The Order applies to virtually all non-domestic premises in England and Wales — any place used for work, or to which the public have access, or which is used in connection with voluntary activities. This includes offices, shops, factories, warehouses, schools, hotels, care homes, places of worship, community halls, and the common areas of blocks of flats. Private homes are not covered, but the common areas of HMOs and purpose-built flats are.
The Order requires the assessment to be carried out by a competent person — someone with sufficient training, experience, and knowledge to identify fire hazards and evaluate the risks. For simple low-risk premises, the responsible person may be capable of carrying out the assessment themselves using published guidance. For complex premises or higher-risk occupancies, a professional fire risk assessor should be appointed. The assessor does not need to hold a specific qualification, but third-party accreditation from a body such as the Institute of Fire Safety Managers (IFSM) or the IFE is evidence of competence.
The Order requires the risk assessment to be kept under review and updated when there is reason to believe it may no longer be valid. Common triggers for review include a change in use of the premises, a change in layout or occupancy levels, significant building works, a change in the type of substances or processes, or following a fire or near-miss incident. In practice, most fire risk assessors recommend a formal review every one to three years even in the absence of significant change.
No — the Regulatory Reform (Fire Safety) Order 2005 applies in England and Wales only. Scotland has its own fire safety legislation — the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. The duties placed on the responsible person are broadly similar, but there are some differences in detail. Northern Ireland has separate legislation as well.