A plain-English guide to the legislation that applies to HMOs, holiday lets and workplaces, and where your duty as the responsible person comes from.
Primary legislation
Regulatory Reform (Fire Safety) Order 2005
The RRO (often called the Fire Safety Order) is the primary fire safety law for non-domestic premises and the common parts of residential buildings in England and Wales. It came into force in 2006, replacing more than 70 earlier pieces of legislation and abolishing the fire-certificate regime.
In its place it created a risk-based system: the responsible person must make a “suitable and sufficient” fire risk assessment, act on the findings, and keep it under review. It applies to HMOs, holiday lets, offices, shops and almost every premises except single private homes.
The legislation was significantly strengthened by the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022, which added specific duties for multi-occupied residential buildings, including fire-door inspections and resident engagement.
HMO standard
BS 9792:2025
The current British Standard for fire risk assessments in premises other than dwellinghouses. It is the framework councils reference when judging whether an HMO assessment is “suitable and sufficient”. FRASafe's HMO questionnaire is built directly to it.
The standard covers the full scope of an HMO assessment: means of escape, fire detection and alarm systems, fire doors, emergency lighting, fire-fighting equipment, and management controls. Every question in the FRASafe HMO questionnaire maps to a specific requirement within it.
Workplace methodology
PAS 79-1:2020
A widely used methodology for fire risk assessment of buildings, recognised by fire officers. FRASafe applies it to offices, shops and workplaces giving a structured, defensible assessment without a consultant's day rate.
PAS 79-1:2020 sets out the methodology a competent person should follow: identifying hazards and people at risk, evaluating the existing fire precautions, recording the significant findings, and producing an action plan.
Residential buildings
Fire Safety (England) Regulations 2022
Sitting beneath the RRO, these introduced additional duties for multi-occupied residential buildings including fire-door checks and providing fire-safety information to residents. They followed the Fire Safety Act 2021, which clarified that assessments must consider a building's structure and external walls.
For HMO landlords managing buildings over 11 metres in height, the regulations also introduced quarterly checks of fire doors to flat entrances and annual checks of all fire doors in the building. These must be recorded.
These require a smoke alarm on every storey of rented accommodation and a carbon-monoxide alarm in any room with a fixed combustion appliance. Your fire risk assessment should confirm this coverage is in place and working.
For HMOs, the regulations sit alongside the HMO Management Regulations, which already require working smoke detection in common areas. The 2022 regulations extend the requirement to every storey occupied as living accommodation.
Your duty
Who is the “responsible person”?
Usually the employer, owner, landlord or whoever has control of the premises. The responsible person carries the legal duty and stays accountable even when tasks are delegated. They may carry out the assessment themselves if competent, or appoint a competent person to do it.
Make a suitable and sufficient fire risk assessment
Record the significant findings
Put general fire precautions in place
Review the assessment regularly and after changes
Not legal advice. This page is a plain-English summary to help you understand your duties. It isn't a substitute for the legislation itself or professional advice on complex premises. FRASafe produces a structured assessment to assist competent persons; for higher-risk buildings, consider a qualified assessor.
Enforcement
Penalties for non-compliance
The RRO 2005 gives the fire and rescue service significant enforcement powers. Failure to comply is a criminal offence.
Enforcement notice:Requires specific remedial action within a set timeframe.
Prohibition notice:Can immediately restrict or prevent use of all or part of the premises where there is a serious risk to life.
Prosecution:Magistrates' Courts can impose unlimited fines. The Crown Court can impose unlimited fines and up to two years' imprisonment.
Civil liability:Where fire results in injury or death due to non-compliance, the responsible person may face civil claims in addition to criminal prosecution.
