Jennings & Barrett - Building Safety

A responsible person is defined within the Regulatory Reform (Fire Safety Order) 2005 (FSO) legislation as the person who has control of a premises and is responsible for implementing fire safety measures. A responsible person includes:

Employers
Owners
Landlords
Managing Agents
Contractors with specific fire safety obligations.

If multiple parties have control of the premises, they all share the responsibility for fire safety.

Responsible Persons have an increased realm of responsibilities under the Building Safety Act 2022, and will have additional responsibilities in relation to Fire Safety (Residential Evacuation Plans) (England) Regulations 2025.

More information will be added to this resource once the appropriate guidance has been published by the relevant authorities.

The responsibilities of a Responsible Person include actions to:

Document & Record:
1. Record all findings from their fire risk assessment, regardless of the size or purpose of the premises.
2. Record their fire safety arrangements (How fire safety is managed in their building – policies written down and procedures that you have in place)
3. Record the identity of the individual employed, or contracted by them, to undertake or review any or all of the fire risk assessment.
  1. Ensure that this individual is a competent person – a person with sufficient training, experience or knowledge.

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Cooperate and coordinate:
1. Have a UK based address where they, or someone on their behalf, will accept notices and other documentation.
  1. Share this address with other relevant responsible persons and any residents of multi-occupied residential buildings.
2. Identify and make themselves known to any other Responsible Persons at the same premises.
  1. E.g., businesses or managing agents with the responsibility for fire safety in the part of the building they control.
3. Any departing responsible person must take reasonable steps to share all relevant fire safety information with incoming responsible persons to ensure "a chain of fire safety information" is maintained "across a whole building's lifetime".

For Higher Risk Buildings (buildings with seven or more storeys, or are 18 metres or higher, with at least two residential units or are hospitals/care homes)

Responsible persons must identify and co-operate with the Accountable Person(s).

Information Sharing:
1. Provide residents with "relevant fire safety matters":
  1. How to report a fire
  2. Reminders of the evacuation strategy for the building
  3. Any other instructions that tells residents what they must do once a fire has occurred, based on the building's evacuation strategy
  4. The risks that have been identified in the fire risk assessment
  5. The preventative and protective measures for the building
  6. The name and UK address of the Responsible Person as well as the identify of any person appointed to assist with making or reviewing the fire risk assessment.

Other duties include:

Take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and
- In relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe.
Conduct, regularly review and update fire risk assessments for the building.
Implement fire safety measures for the building.
Create emergency plans for the building to ensure that everyone knows what to do in the event of a fire.
Provide fire safety training to staff and residents.
Ensure that fire safety equipment is appropriate for the premises and maintained, and ensure that non-automatic fire-fighting equipment is easily accessible, simple to use and indicated by signs.
Keep records of all safety and fire safety related information or changes with the premises

Meaning of “responsible person” under The Regulatory Reform (Fire Safety) Order 2005

In this Order “responsible person” means—

(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;

(b )in relation to any premises not falling within paragraph (a)—

(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or

(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Duties under this Order

5.—(1) Where the premises are a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises.

(2) Where the premises are not a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises, so far as the requirements relate to matters within his control.

(3) Any duty imposed by articles 8 to 22 or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.

(4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—

(a) the maintenance or repair of any premises, including anything in or on premises; or

(b) the safety of any premises, that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.

(5) Articles 8 to 22 and any regulations made under article 24 only require the taking or observance of general fire precautions in respect of relevant persons.

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Responsible Person as defined by The Home Office (2023):

The Responsible Person (Non-Workplaces)

2.14 If the premises are not in use as a workplace (e.g. the common parts of an HMO, or a community hall),there will still be a Responsible Person.

2.15 In this case, the Responsible Person is the person who has control of the premises in connection with the trade, business or other undertaking carried out (for profit or not) which could also be the owner.

2.16 If the person in control is not carrying on any trade, business or other undertaking (e.g. a derelict, vacant building), the Responsible Person is the owner of the premises.

2.17 Where the premises are not a workplace, the duties of the Responsible Person are limited to things over which they have control.For example, by ensuring that the means of escape are appropriate, that there is an appropriate means of raising the alarm in the event o fa fire, and that there is emergency lighting, to ensure the safety of the relevant persons.

https://www.legislation.gov.uk/uksi/2005/1541/article/13/made

https://assets.publishing.service.gov.uk/media/651567fe7c2c4a001395e180/14.310_HO_How_To_Guide_FINAL_RX_v04_.pdf

https://www.lease-advice.org/lease-glossary/responsible-person-rp/

https://www.london-fire.gov.uk/safety/property-management/changes-to-fire-safety-law-how-it-affects-you/

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Responsible Persons

Meaning of “responsible person” under The Regulatory Reform (Fire Safety) Order 2005

Duties under this Order

Responsible Person as defined by The Home Office (2023):

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Fire Safety

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