Is a Fire Risk Assessment a Legal Requirement? The 2026 Rules Explained
If you own, manage or occupy a commercial building in England or Wales, one question comes up more than almost any other. Is a fire risk assessment actually a legal requirement, or is it just good practice? The short answer is that it is the law, and since 2023 the rules have become stricter, not looser. This guide explains exactly what the legislation says in 2026, who is responsible, and what has changed.
The core duty: the Regulatory Reform (Fire Safety) Order 2005
The foundation of fire safety law in England and Wales is the Regulatory Reform (Fire Safety) Order 2005, usually shortened to the “RRO” or “Fire Safety Order”. It applies to virtually all non-domestic premises: offices, shops, factories, warehouses, care homes, hotels, schools, and the common parts of blocks of flats and houses in multiple occupation (HMOs).
The Order places the legal duty on the “responsible person”. In a workplace that is usually the employer. It can also be the owner, the landlord, or anyone else with control of the premises. If you are the responsible person, article 9 of the Order requires you to carry out a suitable and sufficient fire risk assessment and to keep it up to date.
What changed in October 2023, and why it matters
This is the part many businesses have missed. Historically, only employers with five or more employees had to record their fire risk assessment in writing. Smaller businesses could, in theory, keep it in their heads.
That exemption is gone. Under section 156 of the Building Safety Act 2022, which came into force on 1 October 2023, every responsible person must now record the full fire risk assessment in writing, regardless of how many people they employ. The five-employee threshold no longer exists. You must also record the identity of the person carrying out the assessment and provide your details to residents where relevant.
In plain terms, if you are a responsible person and you do not have a written, current fire risk assessment, you are almost certainly non-compliant in 2026.
Higher-risk and residential buildings: the Fire Safety (England) Regulations 2022
On top of the Fire Safety Order, the Fire Safety (England) Regulations 2022 came into force on 23 January 2023. These place extra duties on the responsible persons for blocks of flats, with the most significant obligations falling on buildings over 11 metres and over 18 metres in height. Those duties include providing floor plans to the local fire and rescue service, installing wayfinding signage, and carrying out quarterly checks of fire doors in the common parts.
If you are responsible for a residential building of any height, these regulations sit alongside, not instead of, your duties under the Fire Safety Order.
What “suitable and sufficient” actually means
The law does not just require an assessment. It requires a competent one. A suitable and sufficient fire risk assessment identifies the fire hazards, identifies the people at risk, evaluates and reduces the risk, records the findings, and is reviewed regularly. The recognised methodology for doing this properly is PAS 79-1:2020 for most buildings, and PAS 79-2:2020 for residential blocks. It gives your assessment a defensible, auditable structure.
One point worth clearing up, because it causes confusion: PAS 79 has not been withdrawn or replaced. What is sometimes confused with it is PAS 9980:2022, which is a separate code of practice covering the fire risk appraisal of external walls and cladding (FRAEW) on multi-storey residential blocks. PAS 79 remains the methodology for the building’s fire risk assessment; PAS 9980 is the specialist appraisal you commission on top of it where external wall construction is a concern.
What happens if you don’t comply?
Fire safety enforcement is not toothless. Fire and rescue authorities can issue alterations notices, enforcement notices and prohibition notices, and in serious cases they can prosecute. Penalties for the most serious breaches are unlimited fines and, in some cases, imprisonment. Beyond the legal risk, an inadequate assessment can invalidate your insurance and, most importantly, put lives at risk.
How often should it be reviewed?
The law requires you to keep the assessment up to date. As a rule of thumb, review it at least annually, and always after a significant change such as a refurbishment, a change of use, a near miss, or a change in the people using the building. Many businesses commission a fresh assessment every one to two years and review it in-house in between.
Do you have to hire someone to do it?
The law allows the responsible person to carry out the assessment themselves if they are competent to do so. In practice, for anything beyond the simplest low-risk premises, most organisations appoint a professional fire risk assessor. That is partly for competence, and partly because a documented, independent assessment is far easier to defend if it is ever questioned. If you do appoint someone, it is worth checking they are on the right registers and understanding what a fair price looks like.
Frequently asked questions
Is a fire risk assessment a legal requirement for a small office?
Yes. Since 1 October 2023 there is no lower size limit. Every responsible person must have a written fire risk assessment, including small offices and shops with only one or two staff.
Is a fire risk assessment a legal requirement for landlords?
For the common parts of a block of flats or an HMO, yes. The landlord or managing agent is the responsible person under the Fire Safety Order. The individual flats themselves are treated as domestic premises.
How long does a fire risk assessment last?
There is no fixed expiry date in law, but it must be kept current. Annual review is the widely accepted standard, with a full reassessment after any material change.
Every listing on My Safety Consultant shows the assessor’s registers and accreditations, so you can check competence before you call.
