Following the tragic Grenfell Tower fire in 2017, Parliament undertook a comprehensive review of building regulations and fire safety protocols. This led to the introduction of several new fire safety measures, including the Fire Safety Act 2021, which came into force on 16 May 2022. The Act clarified the scope and responsibilities under the Regulatory Reform (Fire Safety) Order 2005, particularly in relation to residential properties. This article explores the legal requirements of fire risk assessment (FRA) in residential properties in England and Wales.
What is a Fire Risk Assessment?
A fire risk assessment (FRA) is a systematic review intended to identify potential fire hazards, assess the risks to occupants, and implement measures to mitigate those risks. It should include “general fire precautions,” which cover the reduction of fire risks, provision of safe and effective means of escape, systems for detecting and fighting fires, and arrangements for actions to be taken in the event of a fire.
An FRA must cover the common parts of a building, such as stairwells, entrance halls, and corridors. It must also include aspects of the building’s structure — including external walls, doors, windows, and any features that may affect fire spread.
Does My Property Need a Fire Risk Assessment?
According to Article 6 of the Regulatory Reform (Fire Safety) Order 2005, a fire risk assessment is required where a building contains two or more sets of domestic premises. This means that most types of residential buildings — including purpose-built apartment buildings, Houses in Multiple Occupation (HMOs), and converted flats — are subject to FRA requirements. The only general exception is for a single private dwelling.
This requirement can also extend to maisonettes, which are multi-storey premises where each flat has its own private exit and where there are no shared internal common areas.
Who Should Carry Out a Fire Risk Assessment?
The responsible person is the individual or organisation with control over the premises. This is typically the freeholder, landlord, residential management company, managing agent, or Right to Manage Company.
The responsible person must ensure that a suitable and sufficient fire risk assessment is conducted, that a record of the assessment is maintained, and that all actions required under the Regulatory Reform (Fire Safety) Order 2005 are complied with.
How Often Should a Fire Risk Assessment Be Carried Out?
The law does not specify a fixed timeframe for how often an FRA must be carried out. However, it must be regularly reviewed to ensure it remains up to date — particularly if:
- The building has undergone major changes (e.g. extensions, conversions, or refurbishments).
- There is reason to believe the current FRA is no longer valid.
Government guidance suggests that for low-rise buildings (up to three storeys, built within the last 20 years), an FRA should be reviewed every two years and a new FRA conducted every four years. For higher-risk buildings, it is recommended that the FRA be reviewed annually and renewed every three years.
The FRA report usually includes a recommended review or reinspection date, which should be followed. Additionally, some mortgage lenders now require a current FRA report; an outdated or expired FRA may be deemed unacceptable during property transactions.
Conclusion
A fire risk assessment is a critical component of residential fire safety. In most cases, it is a legal requirement — especially for buildings with shared areas or multiple dwellings. Single private domestic premises remain exempt, but best practice still encourages informal assessments.
The responsible person must ensure the property complies with fire safety legislation. Failure to do so may result in serious legal and financial consequences, and more importantly, may place lives at risk.
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