Who Is Responsible for Fire Risk Assessments in a Block of Flats?

Within blocks of flats, legal responsibility for fire risk assessments often spans multiple parties, housing associations, managing agents, freeholders, and landlords, so unless roles are clearly defined and documented, organisations risk enforcement action, increased regulatory scrutiny, and compliance gaps that are hard to close. 

This article focuses on responsibility and shared accountability. We explain who the Responsible Person is within a block of flats, what current fire safety legislation requires of them, and what this means in practice for residential property managers and compliance professionals. 

What Is a Fire Risk Assessment and Why It Matters for Fire Safety Compliance 

A fire risk assessment (FRA) is a structured review of a building to identify fire hazards, assess the risks to occupants, and determine whether existing fire safety measures are suitable.

Within blocks of flats, the fire risk assessment focuses primarily on the common parts of the building and the management of fire safety arrangements. This includes assessing whether appropriate precautions are in place to reduce the risk of fire and support safe evacuation in the event of an emergency.

A suitable and sufficient fire risk assessment should assess:

• Sources of ignition
• Combustible materials
• Means of escape
• Fire alarm systems
• Emergency lighting
• Fire extinguishers and firefighting equipment
• Fire doors and compartmentation
• Evacuation procedures
• Management arrangements
• Risks to vulnerable occupants

The assessment should also identify remedial actions, prioritise risk levels, and support ongoing compliance management across the building.

The Legal Framework

In England and Wales, fire risk assessments within blocks of flats are governed primarily by the Regulatory Reform (Fire Safety) Order 2005. The legislation places legal duties on the Responsible Person to identify fire risks, implement appropriate fire precautions, and maintain fire safety within the common parts of residential buildings.

The Fire Safety Act 2021 expanded the scope of the legislation by clarifying that the Fire Safety Order applies to:

• External walls
• Cladding systems
• Balconies
• Flat entrance doors opening onto common parts

The Fire Safety (England) Regulations 2022 introduced additional duties for Responsible Persons across all multi-occupied residential buildings. The regulations also impose enhanced inspection, information-sharing, and cooperation requirements for buildings over 11 metres, with further duties applying to higher-risk residential buildings over 18 metres in height. 

In Scotland, fire safety duties are governed by the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. Although the legal framework differs, those responsible for fire safety management are still required to assess fire risks and implement appropriate fire precautions within relevant premises.

The Building Safety Act 2022 has also increased regulatory scrutiny around fire safety governance, accountability, and the management of higher‑risk residential buildings across the UK.

To strengthen fire safety compliance, many duty holders appoint a BAFE SP205‑accredited provider.

Who Is the Responsible Person in a Block of Flats?

Under Article 3 of the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person is legally responsible for ensuring a suitable and sufficient fire risk assessment is carried out within the building.

In residential blocks, the Responsible Person is usually the person or organisation with control of the common parts and fire safety arrangements. This often includes:

• Housing associations
• Residential managing agents
• Freeholders
• Resident management companies
• Landlords
• Building owners

The Responsible Person must identify fire risks, implement appropriate fire precautions, and maintain ongoing compliance with current fire safety legislation.

Where multiple parties share responsibility for the building, fire safety duties may overlap. However, shared responsibilities do not remove the legal obligation to ensure fire risks are properly assessed and managed.

Responsible Person Duties: Legal Requirements and Ongoing Obligations

The Responsible Person’s duties include commissioning a suitable and sufficient FRA by a competent person, maintaining fire safety measures, keeping accurate records, reviewing assessments when circumstances change, and evidencing action close‑out.

The Responsible Person must also maintain appropriate fire safety measures throughout the building, including:

• Fire alarm systems
• Emergency lighting
• Fire extinguishers
• Fire doors
• Means of escape
• Compartmentation measures

The Building Safety Act 2022 and wider post‑Grenfell reforms have placed greater scrutiny on fire safety governance, assessor competence, and evidence of completed remedial actions.

Can Responsibility Be Passed to a Managing Agent or Consultant?

Managing agents and specialist fire safety consultants can help manage fire safety compliance, including arranging professional fire risk assessments. 

If your organisation controls the premises, regulators are still likely to hold you accountable for:

• Inadequate fire risk assessments
• Poor action tracking
• Delays to remedial works
• Incomplete fire safety records
• Failures in ongoing fire safety management

This is particularly important within large residential portfolios where multiple contractors, consultants, and duty holders may be involved.

Which Parts of a Block of Flats Need to Be Assessed?

Within blocks of flats, fire risk assessments apply primarily to the common parts of the building.

This typically includes:

• Corridors
• Stairwells
• Entrance lobbies
• Plant rooms
• Bin stores
• Roof spaces
• External wall systems
• Shared electrical cupboards
• Means of escape routes

Individual domestic flats are generally excluded from the scope of the Regulatory Reform (Fire Safety) Order 2005. However, the Fire Safety Act 2021 clarified that flat entrance doors and external wall systems fall within scope in England and Wales.

If you manage residential portfolios, maintaining accurate records of which areas are included within the FRA is important during audits, enforcement reviews, and resident complaints investigations.

What Happens If I Don’t Comply?

If fire safety responsibilities within a block of flats are unclear or poorly managed, the consequences can extend far beyond regulatory enforcement.

In England and Wales, Fire and Rescue Services can take enforcement action under the Regulatory Reform (Fire Safety) Order 2005 where suitable fire risk assessments are not in place or fire safety risks are not being managed appropriately.

In Scotland, enforcing authorities can take action under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006 where duty holders fail to implement appropriate fire safety measures within relevant premises.

Enforcement action may include:

• Enforcement notices
• Prohibition notices
• Criminal prosecution
• Unlimited fines in serious cases

For housing associations, managing agents, and large private landlords, poor fire safety management can also lead to increased scrutiny from residents and regulators, difficulties demonstrating compliance during audits, and increased insurance and liability exposure.

Managing Fire Safety Compliance and Responsibility Across Your Portfolio

The Responsible Person must ensure a suitable and sufficient fire risk assessment is completed and kept up to date, often involving housing associations, managing agents, freeholders, or landlords where duties overlap. 

If you are responsible for fire safety compliance across a residential portfolio and need a trusted, BAFE SP205-accredited provider, Osterna can help. 

We work with housing associations, managing agents, and large private landlords across the UK, delivering Fire Risk Assessments, asset testing, fire door inspections, and building compliance services. Get in touch with the Osterna team today.