The Regulatory Reform (Fire Safety) Order 2005 (RRO) places a statutory duty on the Responsible Person to ensure a fire risk assessment is completed. While the law mandates this requirement, it does not oblige the Responsible Person to undertake the task themselves. Under Article 9, the assessment must be conducted by a competent person to satisfy legal obligations.
For many business owners, this distinction causes confusion. Can you do it yourself? When must you hire a professional? Understanding the legal definition of competence is essential to ensure your premises are compliant and safe.
The Legal Definition of a Competent Person
The concept of a "competent person" is central to UK health and safety law. Under the RRO, a competent person is defined as someone who has sufficient training, experience, and knowledge to properly implement the fire safety measures required.
This is not a one-size-fits-all designation. The level of competence required must be proportional to the risk and the complexity of the premises. For example, assessing a small office with simple layouts requires a different level of expertise than assessing a large hotel or a factory storing hazardous chemicals.
To be considered competent, an individual generally needs:
- Sufficient knowledge and understanding of fire safety: This includes understanding how fires start and spread, and how to mitigate them.
- Awareness of relevant legislation: Knowing the requirements of the RRO and associated guidance documents.
- Practical experience: The ability to apply this knowledge to the specific environment and identify realistic hazards.
- Understanding of human behaviour: How people are likely to react in an emergency.
Can You Do Your Own Fire Risk Assessment?
Yes, the Responsible Person can carry out the fire risk assessment themselves, provided they feel confident that they possess the necessary competence. For small, low-risk businesses—such as a small shop, a bed and breakfast, or a self-contained office—this is often a practical and cost-effective solution.
If you choose to undertake the assessment yourself, you must be honest about your limitations. You should be familiar with the specific government guidance for your type of premises (e.g., the guide for small premises). You must also be able to dedicate the necessary time to conduct a thorough inspection without rushing.
However, if you are unsure about any aspect of fire safety, or if the premises are complex, relying solely on your own judgement may not be sufficient to satisfy the legal requirement.
When to Hire a Professional Assessor
There are specific scenarios where the complexity of the building or the nature of the business dictates that a specialist fire risk assessor should be engaged. The RRO implies that if the risks are not obvious or straightforward, expert help is needed.
You should consider hiring a professional if:
- The premises are large or have a complex layout (e.g., multiple floors, basements, or extensions).
- The building is used for high-risk activities, such as manufacturing, chemical storage, or healthcare.
- A large number of people are present, including members of the public.
- The building has specific construction features that require specialist knowledge (e.g., high-rise structures or historic timber-framed buildings).
- You have had a change of use or significant alteration to the premises.
- You simply lack the time or confidence to conduct the assessment properly.
In these cases, a third-party specialist brings an objective, experienced eye. They are often up to date with the latest British Standards and best practices, such as PAS 79, which provides a methodology for fire risk assessment.
Verifying the Competence of an Assessor
If you decide to outsource your fire risk assessment, the legal duty remains with you, the Responsible Person. You must take reasonable steps to ensure the person you appoint is competent. You cannot simply outsource the liability; you must exercise due diligence in your selection.
When evaluating a potential assessor, look for evidence of their credentials. Reputable providers will often have assessors who are members of professional bodies, such as the Institution of Fire Engineers (IFE). Furthermore, practical qualifications are a strong indicator of competence. For instance, at HawkSwift, we ensure that all our assessments are conducted by NEBOSH-qualified assessors, demonstrating a high standard of health and safety knowledge.
You should also ask for references or examples of similar work they have carried out. A competent assessor will be happy to discuss their methodology and experience with you.
The Consequences of Getting It Wrong
Failing to have a suitable and sufficient fire risk assessment can have serious consequences. The Fire and Rescue Services have the power to audit your premises at any time. If they find that your assessment is inadequate or that you have failed to implement necessary fire safety measures, they can issue enforcement notices.
In severe cases, this can lead to unlimited fines and even imprisonment for individuals. Beyond the legal penalties, the most important consequence is the risk to life. An inadequate assessment may miss critical hazards, leaving employees, visitors, and your business vulnerable to the devastation of a fire.
Get Help from HawkSwift
Ensuring your fire risk assessment is legally compliant is a core responsibility of business ownership. While you can perform this task yourself for simple premises, many businesses benefit from the peace of mind that comes with a professional review. If you are unsure whether your current assessment meets the necessary standards, or if your premises have changed, it is safer to seek expert guidance.
At HawkSwift Ltd, we provide professional fire risk assessments from ÂŁ199 + VAT. Our team includes NEBOSH-qualified assessors who understand the nuances of UK fire safety legislation. We aim to provide a comprehensive service with 48-hour reports, allowing you to address any issues quickly. To ensure your business is safe and compliant, book a fire risk assessment with us today.
Quick answers
Q: Can I do my own fire risk assessment?
Yes, you can carry out the assessment yourself if you are the Responsible Person and possess sufficient training, experience, and knowledge. This is usually acceptable for small, low-risk premises like a small shop or office. You must be confident in your ability to identify hazards and understand the relevant legal requirements.
Q: Who is legally allowed to carry out a fire risk assessment?
The Regulatory Reform (Fire Safety) Order 2005 requires the assessment to be performed by a competent person. A competent person is someone with the necessary skills, knowledge, and experience to implement appropriate fire safety measures. The level of competence required must be proportional to the risk and complexity of the premises.
Q: When should I hire a professional fire risk assessor?
You should hire a professional if your premises are large, have a complex layout, or are used for high-risk activities. Specialist help is also necessary if the building has specific construction features or if you lack the confidence to assess the risks yourself.
