The Legal Framework: The Regulatory Reform (Fire Safety) Order 2005
The primary piece of legislation governing fire safety in non-domestic premises in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (RRO). It was significantly strengthened by the Fire Safety Act 2021 and the Building Safety Act 2022.
The RRO places fire safety duties on the "responsible person" — a legally defined role. Understanding who this is in your premises is the starting point for understanding who is responsible for fire alarms.
"It is the duty of the responsible person to take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees and any other relevant persons on the premises."
— Regulatory Reform (Fire Safety) Order 2005, Article 8
Who Is the "Responsible Person"?
There can be more than one responsible person for the same premises — for example, a landlord (responsible for common areas) and a tenant (responsible for their demised space). Where there are multiple responsible persons, they must co-operate and co-ordinate.
The employer
If the premises is a workplace, the employer is always a responsible person, regardless of whether they own the building.
The building owner
Particularly for common areas of multi-occupied buildings, the freeholder has duties under the Fire Safety Act 2021 and Building Safety Act 2022.
The occupier / tenant
Any person with control of part of the premises can be a responsible person for that part — even if not the owner.
A managing agent
Where a managing agent is appointed to control the building, they may take on responsible person duties — this should be documented in writing.
Landlord vs Tenant: Who Is Responsible?
This is one of the most frequently misunderstood areas of commercial fire safety. The answer depends on the lease arrangement:
Single-let commercial building
The tenant (as employer and person in control of the premises) is typically the responsible person. The landlord retains responsibility for common areas, structural fire safety, and any plant rooms.
Multi-let building with common areas
The landlord or managing agent is responsible for common areas, lifts, stairwells, plant rooms, and the building fabric. Each tenant is responsible for their own demised space. Both must co-operate.
Empty / vacant premises
The building owner remains the responsible person for a vacant commercial property and must maintain fire safety measures even without an occupier.
HMOs and residential blocks
Under the Fire Safety Act 2021, the responsible person for a multi-occupied residential building must assess and manage the risk from flat entrance doors, external walls, and common areas — even where individual flats are privately owned.
Tip: The lease should define fire safety responsibilities clearly. If it doesn't — or if you're unsure — seek legal advice and commission a fire risk assessment that makes responsibilities explicit.
What Are the Responsible Person's Duties Regarding Fire Alarms?
Carry out or commission a fire risk assessment
Must be reviewed regularly and whenever significant changes are made to the premises, occupancy, or processes.
Implement and maintain fire safety measures
This includes ensuring a suitable fire alarm system is installed, maintained, and regularly tested.
Arrange fire alarm maintenance to BS 5839-1:2025
Two six-monthly service visits per year by a competent engineer are the minimum requirement.
Keep records
Weekly tests, service visits, faults, and activations must all be recorded in the system log and retained.
Ensure staff can raise the alarm and evacuate
Adequate training and a tested evacuation plan must be in place for all occupants.
Review arrangements after incidents
Any fire alarm activation — real or false — must be investigated and recorded.
What Happens If Duties Are Ignored?
Serious Consequences for Non-Compliance
- →Enforcement notice — requiring specific improvements within a set timeframe
- →Alterations notice — requiring approval before any changes are made to the premises
- →Prohibition notice — immediate closure of all or part of the building
- →Prosecution — unlimited fines and up to two years' imprisonment for serious breaches
- →Civil liability — personal injury or death claims from employees or members of the public
- →Insurance invalidation — failure to maintain fire safety systems may void your insurance
Not Sure If You're Compliant?
Norfolk Fire Group can carry out a fire risk assessment that clearly identifies the responsible person, assesses your fire detection system, and produces an action plan — across all of Norfolk.