UK fire safety law — a guide for landlords
The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) is the primary fire safety legislation in England and Wales. Here is what it means for HMO and private landlords in plain English.
What is the Regulatory Reform (Fire Safety) Order 2005?
The RRO 2005 is the primary piece of fire safety legislation in England and Wales. It consolidated and replaced over 70 pieces of previous fire safety legislation and came into force on 1 October 2006.
The Order applies to virtually all non-domestic premises — including HMOs and any residential building where the landlord or manager has control of common areas. It places duties on the “responsible person” to ensure the safety of employees, residents, and visitors from the risk of fire.
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 requirements for fire door inspections, building information sharing, and resident engagement.
Who is the “responsible person”?
The responsible person is the person who has control of the premises, or who has responsibility for the fire safety of the premises. For rented and licensed residential properties, this is typically:
- The landlord — for HMOs and properties where the landlord retains control of common areas
- The managing agent — where they have been appointed and given control of the property
- The employer — for commercial premises where employees work
- The HMO licence holder — where a mandatory or additional HMO licence is in force
Being a “competent person” does not require a formal qualification — it means having sufficient knowledge of the property, the relevant fire safety principles, and the legal requirements. Landlords can carry out their own fire risk assessment if they are competent to do so. For more complex or higher-risk properties, it is advisable to engage a qualified fire risk assessor.
What the Order requires
Article 9 of the RRO 2005 sets out the core duty to carry out and record a fire risk assessment. Articles 8–22 set out the broader preventive and protective measures required.
Carry out a fire risk assessment
A 'suitable and sufficient' fire risk assessment must be carried out for all premises covered by the Order. Where five or more people are employed, or a licence is in force, the assessment must be recorded in writing.
Identify and implement preventive measures
The assessment must identify fire hazards, evaluate the risk to relevant persons, and implement appropriate preventive and protective measures to reduce that risk.
Ensure means of escape
The responsible person must ensure there are adequate means of escape — including escape routes, exit doors, signage, and emergency lighting — and that they are maintained in good working order.
Provide fire detection and warning
Appropriate fire detection and warning systems must be in place. For HMOs and most rented properties, this typically means interlinked smoke alarms in common areas and all rooms.
Maintain firefighting equipment
Suitable firefighting equipment (such as fire extinguishers and fire blankets) must be provided and maintained, and relevant persons must be trained in its use.
Review the assessment regularly
The fire risk assessment must be reviewed regularly and whenever there is reason to believe it is no longer valid — after a change of use, occupancy change, or following a fire or near-miss.
Does it apply to HMOs and rented properties?
Yes. The RRO 2005 applies to HMOs and to any residential building where a landlord or manager retains control of common areas (hallways, stairwells, shared kitchens, and bathrooms). It does not apply to single privately occupied dwellinghouses where the occupier has sole occupation.
For holiday lets and short-term rentals, the RRO 2005 applies where the property is let on a commercial basis to the public — including Airbnb and similar platforms. The responsible person is typically the host or owner.
HMO licensing and the RRO 2005
The HMO licensing regime under the Housing Act 2004 is separate from the RRO 2005. However, councils consistently require a written fire risk assessment as a condition of granting or renewing an HMO licence. Failing to produce one can result in both licence refusal and prosecution under the Order.
Penalties for non-compliance
The RRO 2005 gives the fire and rescue service significant enforcement powers.
Enforcement notice
The local fire authority can issue an enforcement notice requiring specific remedial action within a set timeframe.
Prohibition notice
A prohibition notice can immediately restrict or prevent use of all or part of the premises if there is a serious risk to life.
Prosecution
Failure to comply with the Order is a criminal offence. Magistrates' Courts can impose unlimited fines. The Crown Court can impose unlimited fines and up to two years' imprisonment.
Civil liability
Where a fire results in injury or death due to non-compliance, the responsible person may face civil liability claims in addition to criminal prosecution.
Ready to meet your legal obligation?
FRASafe produces a written fire risk assessment aligned to BS 9792:2025 and the RRO 2005 — ready for council HMO licensing or fire service inspection.