Are Fire Risk Assessment Recommendations Mandatory?

A Fire Risk Assessment (FRA) can identify anything from minor improvements to serious deficiencies that require urgent attention. Landlords, property owners and organisations then need to decide which recommendations require action and how quickly they need to respond.

This article explains whether Fire Risk Assessment recommendations are mandatory, when they require action, the duties of the Responsible Person, and what to do when a recommendation appears unnecessary, impractical, or disproportionate. 

Are Fire Risk Assessment Recommendations Legally Binding?

A fire risk assessor does not normally have the power to create a legal requirement simply by adding a recommendation to a Fire Risk Assessment.

The legal duties sit with the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005, which requires a suitable and sufficient Fire Risk Assessment together with appropriate general fire precautions to protect relevant persons. 

The key question is whether action is necessary to meet the Responsible Person’s duties under the Fire Safety Order. Landlords, property owners, and managing agents need to understand the risks involved and whether action is necessary to meet their fire safety duties.

A recommendation should not be ignored solely because the assessor cannot directly enforce it.

When Does a Fire Risk Assessment Recommendation Require Action?

A recommendation requires action when it identifies a fire safety risk that must be addressed to meet the Responsible Person‘s duties under the Fire Safety Order.

This can include:

• Defective or inadequate fire doors
• Obstructed or unsuitable escape routes
• Defects affecting compartmentation
• Inadequate fire detection or warning arrangements
• Inadequate emergency lighting
• Fire safety equipment that has not been properly maintained
• Inadequate emergency procedures
• Insufficient arrangements for people who may be particularly at risk

The response should reflect the seriousness of the risk. Significant deficiencies will require urgent action, while lower-risk issues can be addressed through planned maintenance or management measures.

If the assessor cannot determine the extent of an issue during the FRA, they will recommend further investigation before the appropriate remedial action can be established.

How Should Fire Risk Assessment Actions Be Managed?

Responsible Persons should review each recommendation, understand the risk it addresses and take appropriate action to meet their fire safety duties.

Higher-risk issues need prompt attention. If permanent remedial work cannot be completed immediately, interim precautions will be necessary until the risk has been properly addressed.

Recommendations should remain open until the identified risk has been resolved, whether through the recommended work or another suitable measure that provides an equivalent level of fire safety.

Read our guide to What Happens After a Fire Risk Assessment? for more detail on prioritising, tracking and closing FRA actions.

Can You Take a Different Approach to a Fire Risk Assessment Recommendation?

Fire Risk Assessment recommendations are based on the assessor’s professional judgement and the information available at the time of the assessment. 

In some cases, a recommendation may appear unnecessary, impractical, or disproportionate because additional information has become available, the circumstances have changed, or another solution can achieve the same fire safety outcome. 

Before deciding to adopt a different solution, Responsible Persons should:

• Discuss the recommendation with the fire risk assessor to understand the risk it is intended to address.
• Consider whether additional information or changed circumstances affect the recommendation.
• Where appropriate, identify an alternative measure that provides an equivalent level of fire safety.
• Seek advice from another competent fire safety professional where the issue is significant or technically complex.
• Record the reasons for adopting an alternative approach together with supporting evidence demonstrating how the same level of fire safety has been achieved.

Where a fire and rescue authority has issued a formal enforcement notice, different legal requirements apply. These notices should not be treated in the same way as recommendations contained within a Fire Risk Assessment.

If you need independent advice, our guide, How to Choose a Fire Risk Assessor, explains what to look for when appointing a competent assessor. 

What Happens if the Same FRA Recommendations Keep Appearing?

Repeated recommendations may indicate a wider management issue rather than an isolated defect.

For example, recurring fire door defects could point to weaknesses in inspection or maintenance programmes, while repeated compartmentation failures following refurbishment will indicate shortcomings in contractor management or quality assurance.

Rather than repeatedly closing individual actions, Responsible Persons should investigate the underlying cause and take steps to prevent the issue recurring across the building or wider property portfolio.

Managing Fire Risk Assessment Recommendations

Fire Risk Assessment recommendations should form part of an organisation’s wider fire safety management rather than being viewed as a simple compliance checklist. Responsible Persons should understand the risk behind each recommendation, prioritise actions according to their significance, and maintain clear records demonstrating how identified fire safety risks have been addressed.

Where an alternative approach is adopted, it should achieve an equivalent level of fire safety and be supported by appropriate technical justification and evidence.

If you are responsible for fire safety compliance across a residential portfolio and need a trusted, BAFE SP205-accredited provider, Osterna can help. We support housing associations, managing agents, local authorities, freeholders, and large private landlords with professional Fire Risk Assessments and wider fire safety compliance services across the UK.

Speak to the Osterna team about your Fire Risk Assessment requirements.