Under the Regulatory Reform (Fire Safety) Order 2005, the 'responsible person' must ensure a fire risk assessment is carried out. Article 9 mandates this duty, but it does not automatically require an external consultant. The assessor must be competent enough to identify risks and implement appropriate safety measures.
Many business owners assume they must hire an external consultant, while others believe they can simply do it themselves over a weekend. The reality lies somewhere in between. The law does not specify a particular job title or qualification, but it does demand a specific level of competence. Understanding what "competence" means is vital to ensuring your premises are safe and your business is compliant.
The Legal Requirement: Article 9 of the RRO
Article 9 of the Regulatory Reform (Fire Safety) Order 2005 places a duty on the responsible person to make a suitable and sufficient assessment of the risks to which relevant persons are exposed. This assessment must identify the fire safety measures required to comply with the Order.
The law requires that this assessment be reviewed regularly and updated if there is a significant change in the premises. Crucially, while the responsible person retains the legal liability for the safety of the building, they may appoint one or more competent persons to assist them in undertaking the necessary preventative and protective measures.
Defining the "Competent Person"
The term "competent person" is central to UK health and safety law, including the Management of Health and Safety at Work Regulations 1999 (MHSWR). In the context of fire safety, competence is not defined by a specific certificate, but by a combination of knowledge, training, and experience.
To be considered competent to carry out a fire risk assessment, an individual should have:
- Sufficient understanding of relevant fire safety legislation: This includes the RRO 2005 and supporting guidance documents.
- Knowledge of fire behaviour and dynamics: Understanding how fire starts and spreads is essential for identifying hazards.
- Experience in assessing similar premises: A low-risk office environment requires a different approach to a factory storing flammable materials.
- Understanding of fire protection measures: Knowing how fire alarms, extinguishers, and emergency lighting function and when they are required.
If you are the owner of a small shop with straightforward layouts and low fire risks, you may possess enough knowledge to perform the assessment yourself. However, for larger, more complex, or high-occupancy buildings, the level of competence required rises significantly.
The Risks of a DIY Assessment
While it is legally possible for a responsible person to conduct their own assessment, there are inherent risks. A lack of technical knowledge can lead to significant hazards being overlooked. Common failures in DIY assessments include missing inadequate escape routes, failing to account for the needs of people with disabilities, or underestimating the fire loading of a room.
If an assessment is found to be unsuitable or insufficient following a fire or an inspection by the Fire and Rescue Service, the responsible person can face enforcement notices, substantial fines, or in severe cases, imprisonment. It is not merely a paperwork exercise; it is a life-saving process that must be accurate.
When to Use a Professional Assessor
For most medium to large businesses, or those with high-risk activities such as manufacturing or chemical storage, outsourcing to a specialist is the safest and most practical option. A professional assessor brings an objective eye to your premises. They are not desensitised to daily routines that might actually be risky, such as propping fire doors open or storing combustibles near electrical panels.
At HawkSwift Ltd, we provide assessments carried out by NEBOSH-qualified assessors who have the technical training and practical experience to evaluate your premises accurately. We ensure that your assessment aligns with current PAS 79 methodology and relevant British Standards, giving you peace of mind that your legal duties are being met.
Why Choose HawkSwift?
Ensuring your fire safety compliance does not need to be a burden. We offer a streamlined service designed for business owners who need certainty and speed. Our team conducts thorough on-site surveys, and we are committed to delivering your comprehensive report within 48 hours.
We believe professional fire safety should be accessible. Our fire risk assessments start from £199 + VAT, providing a cost-effective solution for businesses of all sizes. Whether you run a small office, a retail unit, or a larger commercial premises, we can tailor the assessment to your specific needs.
To ensure your premises are compliant and safe, we recommend leaving the technical work to the experts. You can book a fire risk assessment directly through our website today.
Quick answers
Q: Do I legally have to hire a professional to do a fire risk assessment?
No, the law does not require a specific professional qualification or external consultant to carry out a fire risk assessment. However, the person performing the assessment must be "competent," meaning they have sufficient knowledge, training, and experience to identify fire risks accurately.
Q: What qualifications does a person need to carry out a fire risk assessment?
There is no specific certificate or job title mandated by law for a fire risk assessor. Competence is defined by a combination of understanding relevant fire safety legislation, knowledge of fire behaviour, and experience in assessing similar types of premises.
Q: Can a business owner do their own fire risk assessment?
Yes, a business owner can perform the assessment themselves if they have the necessary competence and the premises are simple with low risks. For larger or more complex buildings, the level of knowledge required is higher, and an external specialist is often recommended to ensure safety and compliance.
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