Managing a House in Multiple Occupation requires strict adherence to fire safety regulations due to higher occupancy risks and shared amenities. The Regulatory Reform (Fire Safety) Order 2005 mandates that the Responsible Person conduct and maintain a fire risk assessment. This guide details your legal obligations under the RRO 2005 and PAS 79-1:2020, ensuring your property meets required safety standards.
The Legal Framework for HMOs
The primary legislation governing fire safety in HMOs is the Regulatory Reform (Fire Safety) Order 2005 (RRO). While the Housing Act 2004 sets the standards for physical protection (such as fire doors and alarms), the RRO dictates the ongoing management of fire safety.
Under the RRO, the Responsible Person—usually the landlord or the person with control of the premises—must carry out a fire risk assessment. This duty applies to the common areas of an HMO, such as hallways, stairwells, and shared kitchens. If you rent out an entire house to multiple tenants who share facilities, the RRO applies to the whole property.
Additionally, the Health and Safety at Work etc. Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR) impose a general duty of care. This means you must ensure, so far as is reasonably practicable, the health and safety of anyone who might be affected by your operations, including tenants, contractors, and visitors.
Conducting a Suitable and Sufficient Assessment
The cornerstone of compliance is a fire risk assessment. This must be a "suitable and sufficient" evaluation of the risks posed by fire to relevant persons. Many landlords follow the methodology outlined in PAS 79, the publicly available specification for fire risk assessment, to structure their evaluation.
A competent assessment must identify:
- Fire hazards: Sources of ignition, fuel, and oxygen.
- People at risk: Tenants, visitors, and particularly those who may be vulnerable (e.g., those with mobility issues or disabilities).
- Control measures: Actions taken to remove or reduce hazards (e.g., keeping escape routes clear, maintaining electrical appliances).
If your HMO accommodates five or more people on two or more storeys, it is classified as a "large" HMO. In these cases, the RRO requires that you record the significant findings of your assessment in writing. Even for smaller HMOs, written documentation is best practice and often requested by local authorities and insurance providers.
Managing Common Areas and Escape Routes
A specific duty under the RRO is the maintenance of safe escape routes. In an HMO, tenants often rely on a single staircase to exit the building. Therefore, these routes must be kept clear of obstructions at all times.
You must consider the following:
- Doors: Fire doors on escape routes must be self-closing and in good working order. They should be rated to provide adequate protection (typically FD30 or FD60, depending on risk).
- Lighting and Signage: Emergency escape lighting should be installed where necessary to ensure safe exit if the main power fails. Fire safety signs must be clear and positioned to assist escape.
- Housekeeping: Common areas like hallways and kitchens must not be used for storage of personal belongings or excess combustibles, as this can accelerate a fire and block escape.
British Standards, such as BS 5839-6 (fire detection and alarm systems for dwellings) and BS 5266-1 (emergency lighting), provide benchmarks for the level of protection required. While these are not law, they are cited by enforcing authorities as the minimum standard for compliance.
Fire Detection and Warning Systems
HMOs require a higher standard of fire detection than standard family homes. The exact specification depends on the size and layout of the property, but the guidance generally suggests that a mains-wired interlinked smoke alarm system is required.
Under the RRO, the Responsible Person must ensure that any fire safety equipment provided is subject to a suitable system of maintenance and is in efficient working order. This includes:
- Regular testing of smoke and heat detectors by the landlord or agent.
- Annual checks by a competent electrician.
- Ensuring tenants know how to test the alarms and report faults immediately.
For larger HMOs, a more sophisticated fire alarm system with manual call points and sounders may be necessary to ensure the warning is heard throughout the property, particularly if doors are closed.
Information, Instruction, and Training
Compliance is not limited to physical hardware. The RRO explicitly requires the Responsible Person to provide information, instruction, and training to employees and, in certain contexts, tenants.
While tenants are not employees, they must be provided with information on the risks to which they are exposed and the fire safety measures provided for their safety. This usually takes the form of:
- A clear fire safety notice displayed in the property.
- Instructions on what to do upon hearing the alarm.
- Details of the escape route and assembly point.
If you employ cleaners, maintenance staff, or a managing agent, you have a direct duty under the MHSWR to provide them with adequate training. They must know what to do in the event of a fire and how to use any fire-fighting equipment provided.
Professional Assistance and Competence
The RRO does not explicitly state that a fire risk assessment must be carried out by an external professional. However, it requires the assessment to be completed by a competent person—someone with sufficient training, experience, and knowledge.
Given the complexity of HMO regulations and the severe consequences of non-compliance, many landlords choose to outsource this task. A professional assessor will understand the nuances of PAS 79 and the relevant British Standards, ensuring nothing is overlooked.
At HawkSwift Ltd, we provide comprehensive fire risk assessments starting from £199 + VAT. Our NEBOSH-qualified assessors will visit your HMO, evaluate the risks, and deliver a detailed report within 48 hours. To ensure your property meets the necessary legal standards, you can book a fire risk assessment directly through our website.
This article is for general information purposes only and does not constitute formal legal advice. You should refer to the full text of the RRO 2005 and consult with a professional fire safety consultant regarding your specific circumstances.
Quick answers
Q: What legislation governs fire safety in HMOs?
The primary legislation is the Regulatory Reform (Fire Safety) Order 2005 (RRO), which dictates the management of fire safety in common areas. The Health and Safety at Work etc. Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR) also impose a general duty of care.
Q: Do I need a written fire risk assessment for my HMO?
You must record the significant findings in writing if your HMO accommodates five or more people across two or more storeys. For smaller HMOs, written documentation is considered best practice and is often requested by authorities.
Q: What standard should I follow to structure my fire risk assessment?
Many landlords follow the methodology outlined in PAS 79-1:2020 to structure their evaluation. This standard provides a framework for conducting a suitable and sufficient assessment of fire risks.
