Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person must ensure a suitable and sufficient fire risk assessment is in place. This leads to uncertainty regarding whether the duty holder can complete the evaluation personally or if an external consultant is required. Understanding the legal competence requirements is essential for compliance.
The Regulatory Reform (Fire Safety) Order 2005 (RRO) places the responsibility firmly on the Responsible Person, but it also introduces the concept of the ‘competent person’. Understanding what competence means in the eyes of the law is essential to ensure your premises remain safe and compliant.
The Legal Requirement: Article 9 of the RRO
Article 9 of the Regulatory Reform (Fire Safety) Order 2005 explicitly states that the Responsible Person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed. Crucially, while the duty to arrange the assessment rests with the Responsible Person, the task of actually performing the assessment can be delegated.
The law does not insist that the assessment must be carried out by an external consultant. In fact, for smaller, low-risk premises, it is often perfectly acceptable for the Responsible Person to conduct the assessment themselves, provided they have the necessary knowledge and experience.
However, if you delegate this task to an employee or a third party, you must ensure that individual is a competent person. If you choose to do it yourself, you effectively become that competent person and must be able to demonstrate your capability.
Defining a "Competent Person"
The term "competent person" is not defined by a specific qualification certificate, but rather by a combination of skills, knowledge, and experience. According to the Health and Safety Executive (HSE) and guidance supporting the RRO, a competent person is someone who has:
- Sufficient knowledge and understanding of the specific risks associated with the type of premises and the activities conducted there.
- Adequate training or experience in fire safety principles.
- The ability to identify hazards and evaluate the risks posed by those hazards.
- An understanding of the preventive and protective measures required to comply with the Order.
Competence is relative to the complexity of the building. A person who is competent to assess a small office may not be competent to assess a large factory storing hazardous chemicals or a complex multi-storey hotel.
When Can You Do It Yourself?
For many small businesses, a DIY approach is both legal and practical. If your premises are simple, the occupancy is low, and the fire hazards are straightforward (e.g., general office equipment, standard furniture), you may well have the requisite knowledge to complete the assessment yourself.
To do this effectively, you should familiarise yourself with government guidance documents. These guides, tailored to different types of premises (such as offices, shops, or small residential care homes), provide a structured approach to identifying hazards and recording your findings. If you can confidently identify your fire hazards, evaluate who is at risk, and implement reasonable control measures, you meet the criteria for competence in this context.
When You Need a Professional Fire Risk Assessor
There are circumstances where the complexity of a building exceeds the knowledge of the average business owner. You should consider hiring a professional if:
- Your premises involve complex layouts or high-rise structures.
- You handle or store hazardous substances that require specific control measures.
- You have a large number of employees or members of the public on site.
- The building houses vulnerable people, such as the elderly, very young, or those with disabilities, who may require specific PEEPs (Personal Emergency Evacuation Plans).
- You share the building with other businesses (multi-occupied premises), requiring coordination of fire safety measures.
- You simply do not have the time or confidence to conduct the assessment thoroughly.
In these scenarios, the Responsible Person has a duty to appoint someone with the necessary depth of expertise. This often means engaging a third-party fire safety consultancy.
Choosing the Right Assessor
If you decide to outsource the task, due diligence is required. The RRO does not specify a single accredited body for assessors, but industry standards such as PAS 79 (Fire Risk Assessment - Guidance and a Recommended Methodology) provide a benchmark for quality.
When selecting a provider, look for evidence of:
- Third-party accreditation (e.g. membership of recognised fire safety associations).
- Professional qualifications, such as NEBOSH National Certificate in Fire Safety and Risk Management.
- Up-to-date knowledge of current British Standards and legislation.
- Experience with premises similar to yours.
Remember, even if you hire a professional, the legal responsibility for fire safety remains with you, the Responsible Person. You must ensure the person you appoint is genuinely capable of doing the job.
How HawkSwift Can Help
Ensuring you are compliant with the RRO does not have to be a burden. At HawkSwift, we provide fire risk assessments from £199 + VAT, carried out by NEBOSH-qualified assessors who understand the nuances of UK fire safety law.
We focus on providing clear, practical guidance to help you manage your risks effectively. Whether you run a small shop, a warehouse, or an office, our team can deliver a comprehensive assessment and report within 48 hours, giving you peace of mind that your premises are safe and your legal duties are being met.
To ensure your business is protected and compliant, why not book a fire risk assessment with our expert team today?
Quick answers
Q: Can I do a fire risk assessment myself?
Yes, you can carry out the assessment yourself if you are the Responsible Person for small, low-risk premises and possess the necessary knowledge, training, and experience to identify hazards and implement control measures.
Q: Who is legally allowed to carry out a fire risk assessment?
The task can be performed by the Responsible Person or delegated to a competent person, provided they have sufficient understanding of the specific risks and preventive measures required for the premises.
Q: What defines a competent person for fire safety?
A competent person is defined by their skills, knowledge, and experience relevant to the risks of the premises, rather than a specific qualification, and must be able to identify hazards and evaluate risks effectively.
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