Who is responsible for fire risk assessments in leased commercial properties?

Jamie Goldspink

Under the Regulatory Reform (Fire Safety) Order 2005, responsibility for the fire risk assessment sits with the “responsible person”. In a leased commercial property that role is often split.

How it usually works in practice:

  • Landlord (or managing agent) — responsible for common parts, structure, plant rooms, escape routes, communal fire detection and alarm systems, and the building envelope. Where the property is multi-let, the landlord almost always holds the building-wide responsibility.
  • Tenant — responsible for the demised area within their lease. This typically covers fire safety within their own offices, retail unit, or warehouse: housekeeping, exit routes from their floor or unit, training, and any equipment they have installed.
  • Lease terms control the split — most modern commercial leases specify which party is responsible for which fire safety obligations. A full repairing and insuring (FRI) lease may push more onto the tenant; a more limited lease may keep most obligations with the landlord.

Important: where both parties have control over the premises, both are responsible persons under the legislation. The duty cannot be contracted away. Each party must cooperate to ensure the building has a comprehensive, current fire risk assessment that covers the whole property.

Recent strengthening under the Fire Safety Act and Building Safety Act means joint accountability is now scrutinised more closely, particularly in multi-occupancy buildings.

Vital Property Solutions delivers fire risk assessments that can be shared cleanly between landlord and tenant. Contact us to scope a survey.