Houses in Multiple Occupation (HMO) impose distinct legal obligations for fire safety. The Regulatory Reform (Fire Safety) Order 2005 designates the landlord or managing agent as the Responsible Person. They must actively identify and mitigate hazards within the property. Because unrelated occupants often share amenities, the risk profile in these buildings exceeds that of standard family homes.
This article outlines the core duties for HMOs under UK law and how to maintain compliance.
The Legal Framework for HMOs
The primary legislation governing fire safety in HMOs is the Regulatory Reform (Fire Safety) Order 2005. The RRO applies to all non-domestic premises and also to the common areas of HMOs, such as hallways, stairwells, and shared lounges. Additionally, the Housing Act 2004 sets out management standards for HMOs, which include fire safety requirements.
Under the Health and Safety at Work etc. Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR), landlords must ensure the safety of anyone not in their employment who might be affected by their operations. This includes tenants and contractors. Compliance requires a systematic approach to risk management, often guided by standards such as PAS 79 (Fire risk assessment – Guidance and a recommended methodology) and relevant British Standards.
The Fire Risk Assessment
The central duty of the Responsible Person is to conduct a Fire Risk Assessment. This must be a thorough review of the premises and the activities carried out there that might relate to fire safety.
For HMOs, the assessment must evaluate:
- The likelihood of a fire starting.
- The potential for fire to spread within the property and to neighbouring properties.
- The means of escape and whether they are sufficient and easily accessible.
- The fire detection and warning systems.
- The firefighting equipment provided.
Article 9 of the RRO states that the Responsible Person must make a suitable and sufficient assessment of the risks to relevant persons. If you employ five or more people, or if the assessment is required under a licence or registration (common for larger HMOs), the significant findings of the assessment must be recorded. In practice, recording the assessment is recommended for all HMOs to demonstrate compliance.
Means of Escape and Warning Systems
HMOs must have adequate means of escape. This is not just about an external door; it involves protected routes that allow residents to evacuate safely without being overcome by smoke or fire. The design and construction of these routes often need to comply with specific British Standards, such as BS 5839-6 for fire detection and alarm systems in domestic premises, and BS 9991 for fire safety in the design, management, and use of residential buildings.
Key considerations include:
- Fire Doors: Doors leading to escape routes must be fire-resistant (typically FD30 or FD60) and equipped with self-closing devices. Intumescent strips and smoke seals are essential to prevent fire spread.
- Detection: Interlinked smoke alarms and heat detectors are usually required. In larger HMOs, a full fire alarm system with control panels and break-glass call points may be necessary.
- Emergency Lighting: In properties with shared escape routes that are not lit by natural light, or where occupants are unfamiliar with the layout, emergency lighting is required to illuminate the escape path.
Ongoing Maintenance and Review
Fire safety is not a one-time task. Under Article 17 of the RRO, the Responsible Person must ensure that the premises and any facilities, equipment, and devices provided for fire safety are maintained in an efficient state and in efficient working order.
This includes:
- Regular testing of smoke alarms (usually weekly by the landlord or agent).
- Periodic professional servicing of fire alarm systems and emergency lighting.
- Checks on fire doors to ensure closers work correctly and doors are not wedged open.
The Fire Risk Assessment must also be kept under constant review. If there is a significant change to the premises—such as a change in layout, an increase in the number of occupants, or a change in use—the assessment must be updated immediately. Even without changes, it is good practice to review the assessment annually.
Cooperation and Information
The RRO requires the Responsible Person to cooperate and coordinate with other Responsible Persons in the same building. This is particularly relevant for mixed-use buildings or conversions where a landlord might only control one floor.
Furthermore, under the MHSWR, you must provide clear and relevant information to tenants about the risks identified in the fire risk assessment and the measures taken to prevent or control them. This includes providing instructions on what to do upon hearing the fire alarm and ensuring that safety signs are clearly visible.
Professional Support
Compliance can be complex, particularly given the variation in HMO layouts and the strict interpretation of the law by local authorities and fire services. If you lack the necessary expertise, you must appoint a competent person to assist. This person should have the necessary skills, knowledge, and experience to carry out the assessment accurately.
At HawkSwift Ltd, we provide specialist fire risk assessments for HMOs. Our assessors are NEBOSH-qualified and familiar with PAS 79 methodology and current British Standards. We deliver detailed reports within 48 hours, starting from £199 + VAT, helping you understand your duties and rectify deficiencies.
To ensure your property is safe and legally compliant, you can book a fire risk assessment.
This article is for general guidance only and does not constitute formal legal advice. Landlords should refer to the full text of the RRO 2005 and consult with professional fire safety advisors where necessary.
Quick answers
Q: Who is responsible for fire safety in a House in Multiple Occupation?
Under the Regulatory Reform (Fire Safety) Order 2005, the landlord or managing agent is usually the Responsible Person. They must ensure the safety of tenants and anyone else affected by the operations of the premises.
Q: What does a fire risk assessment for an HMO involve?
The assessment must evaluate the likelihood of a fire starting and the potential for it to spread. It also reviews the means of escape, fire detection systems, and the firefighting equipment provided.
Q: Do I need to record the fire risk assessment for my HMO?
You must record the significant findings if you employ five or more people or if the assessment is required under a licence. It is recommended practice to record the assessment for all HMOs to demonstrate compliance.
