The Regulatory Reform (Fire Safety) Order 2005 (RRO) mandates that the Responsible Person maintains fire safety standards. This duty involves conducting a fire risk assessment and enforcing appropriate precautions. While the legislation does not force the Responsible Person to undertake this work themselves, Article 9 stipulates that a competent person must perform the assessment.
Understanding who qualifies as a competent person is vital for compliance. If you lack the necessary time, knowledge, or experience, you must appoint someone who does. This article explains the legal requirements and practical steps for ensuring your assessment is robust and legally sound.
The Legal Duty Under Article 9
Article 9 of the RRO places the duty on the Responsible Person to take into account the findings of the risk assessment. While the Responsible Person retains ultimate accountability for the safety of the premises, they can rely on the expertise of others to conduct the actual assessment.
The law defines a competent person as someone who has sufficient training, experience, and knowledge. This definition is mirrored in the Management of Health and Safety at Work Regulations 1999 (MHSWR). The focus is not on a specific job title, but on the individual’s capability to carry out the task effectively and to a standard that protects relevant persons from harm.
Defining "Competent"
The Health and Safety Executive (HSE) and guidance documents such as PAS 79 provide clarity on what constitutes competence. A competent person must have:
- Sufficient knowledge and understanding of fire safety: This includes understanding how fires start, spread, and how to control them.
- Understanding of the relevant legislation: Familiarity with the RRO 2005 and associated British Standards is required.
- Experience in assessing similar premises: A simple office block requires a different approach to a complex factory or a sleeping risk like a hotel.
- Awareness of their own limitations: A competent assessor must know when a situation is beyond their expertise and when to call in a specialist.
If you are a business owner with a small, low-risk premises, you may possess enough knowledge to complete the assessment yourself. However, for larger or higher-risk environments, the level of competence required increases significantly.
The Role of External Assessors
Many organisations choose to outsource their fire risk assessment to a third-party consultancy. This is often the most practical way to ensure compliance. When hiring an external assessor, the Responsible Person must still verify that the individual or company is competent.
You should look for evidence of professional accreditation, such as membership of recognised fire safety engineering bodies, and practical experience. At HawkSwift, our assessors are NEBOSH-qualified, ensuring they have the necessary technical knowledge to identify hazards and recommend appropriate control measures.
Outsourcing does not absolve the Responsible Person of their duties. You must review the assessment, understand the findings, and ensure that the recommended actions are implemented within a reasonable timeframe.
PAS 79 and British Standards
While the RRO sets out the "what", British Standards and publicly available specifications provide the "how". PAS 79 (Fire risk assessment. Guidance and a recommended methodology) offers a structured approach to conducting fire risk assessments. Following such a methodology helps ensure that the assessment is thorough and consistent.
Furthermore, adherence to relevant British Standards, such as BS 9999, provides technical recommendations for fire safety in the design, management, and use of buildings. A competent assessor will use these benchmarks to evaluate the adequacy of your existing fire safety measures, such as alarm systems, emergency lighting, and escape routes.
When to Review Your Assessment
A fire risk assessment is not a one-time task. Under the RRO, it must be reviewed regularly or whenever there is a significant change to the premises. This includes:
- Changes to the internal layout or structure.
- Changes to the use of the building.
- Introduction of new equipment or processes that increase fire risk.
- alterations to the number of people using the building.
If the original assessor is no longer available, you must ensure that any review is conducted by someone equally competent.
Get Help from HawkSwift
Ensuring your premises are safe and compliant can be complex. If you are unsure whether your current assessment meets the required standard, or if you simply do not have the time to conduct one yourself, professional support is available.
HawkSwift provides comprehensive fire risk assessments starting from £199 + VAT. Our NEBOSH-qualified assessors deliver detailed reports within 48 hours, giving you clarity on your legal obligations and safety status. To secure your compliance, book a fire risk assessment today.
This article is for general guidance only and does not constitute formal legal advice. For specific legal queries regarding the RRO 2005, please consult a legal professional.
Quick answers
Q: Who is legally allowed to carry out a fire risk assessment?
Under the Regulatory Reform (Fire Safety) Order 2005, the assessment must be performed by a competent person. This means an individual with sufficient training, experience, and knowledge to identify risks and implement appropriate fire safety measures.
Q: Does the Responsible Person have to do the fire risk assessment themselves?
No, the Responsible Person is not legally required to conduct the assessment personally. They may appoint a competent employee or an external third-party to perform the task, provided they retain ultimate accountability for the premises' safety.
Q: What defines a competent person for fire safety assessments?
A competent person must have sufficient knowledge and understanding of fire safety, relevant legislation, and experience assessing similar premises. They must also be aware of their own limitations and know when to seek specialist advice for complex risks.
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