Who Is The Responsible Person Under The Regulatory Reform Fire Safety Order 2005?

By Community Property Care on Oct 22, 2026, 11:00:02 AM

 

Navigating fire safety duties across commercial estates, business parks, and residential blocks requires a clear understanding of who holds responsibility under the Regulatory Reform (Fire Safety) Order 2005.

The Regulatory Reform Fire Safety Order 2005 is the main piece of legislation governing fire safety in buildings in England and Wales. It applies to workplaces and the common parts of buildings containing two or more domestic premises, with additional legislation clarifying that structures, external walls, and flat entrance doors can also fall within scope.

Identifying the Responsible Person is an important first step in understanding who must assess fire risks, maintain appropriate precautions, and keep relevant fire safety information up to date.

Who Is The Fire Safety Order Responsible Person?

The fire safety order responsible person is determined by how the premises are occupied, managed, and controlled.

Under the Regulatory Reform Fire Safety Order 2005, the Responsible Person depends on how the premises are occupied and controlled.

For a workplace, the employer is the Responsible Person where the workplace is under their control. For other premises, responsibility may sit with the person who controls the premises in connection with a business or undertaking, or with the owner where no such person has that control.

In practice, this can include:

• Employers responsible for workplaces under their control.
• Owners or freeholders where they retain responsibility for relevant parts of the premises.
• Management companies or managing agents where the arrangements and level of control place duties on them.

The exact position depends on the ownership, occupation, and management arrangements for the building.

Property Managers And Managing Agents

Property Managers and managing agents are not automatically the Responsible Person simply because they manage a building.

However, a managing agent may be the Responsible Person, or may hold specific duties under the Fire Safety Order, depending on the extent of its control and any contractual responsibilities relating to maintenance, repair, or fire safety.

Where several parties have control over different parts of the same premises, more than one person or organisation may have fire safety duties. Those parties must cooperate and coordinate their activities so that fire precautions remain effective across the building.

How The Fire Safety Order Applies To Residential Buildings

In multi-occupied residential buildings, the Fire Safety Order applies to the common parts rather than individual domestic premises themselves.

Relevant areas can include:

• Communal corridors and stairways.
• Entrance halls and shared escape routes.
• Plant rooms and service areas.
• Common parts used by residents, visitors, or contractors.

The Fire Safety Act 2021 also clarified that the building structure, external walls, and flat entrance doors between domestic premises and common parts must be considered under the Fire Safety Order.

What Duties Does The Responsible Person Have?

The Responsible Person must manage fire safety risks across the premises and put appropriate precautions in place.

Key duties include:

• Ensuring a suitable and sufficient fire risk assessment is completed and kept under review.
• Taking appropriate general fire precautions based on the risks identified.
• Maintaining safe and effective escape routes.
• Ensuring relevant fire safety systems and measures are appropriately inspected, tested, serviced, and maintained.
• Keeping appropriate fire safety records and information where required.
• Cooperating and coordinating with other people who also hold duties for the premises.

The Responsible Person can use competent assistance where specialist knowledge is needed, but remains responsible for ensuring their own legal duties are met.

Using Contractors Does Not Remove Fire Safety Duties

Property managers, owners, and Responsible Persons often appoint specialist contractors to carry out fire door inspections, emergency lighting tests, maintenance, remedial works, and other technical activities.

Using a competent contractor is an important part of managing fire safety, but it does not automatically transfer the Responsible Person’s legal duties to that contractor.

This makes contractor selection, reporting, and record keeping particularly important. Clear inspection reports, photographic evidence, and records of remedial actions help demonstrate that identified issues have been managed appropriately.

Practical Support For Fire Safety Management

Managing fire safety across multiple properties requires reliable information from the people carrying out inspections, maintenance, and remedial works on site.

Community Property Care supports Property Managers and Responsible Persons across England and Wales with services including fire door inspections and maintenance, emergency lighting testing, fire alarm and AOV maintenance, compartmentation work, and structured reporting.

Our approach is designed to give property managers clear visibility of what has been inspected, what issues have been identified, and what action may be required next.

Contact the CPC team to discuss how our fire compliance, inspection, reporting, and remedial services can support the management of your properties.

This article provides general information and does not constitute legal advice.

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