Fire Safety for Commercial and Mixed-Use Buildings
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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Fire safety is one of the most important duties, and the rules differ between purely commercial and mixed-use buildings. Getting the responsibility and the assessment right is essential.
The core duty
For most non-domestic premises, the Regulatory Reform (Fire Safety) Order 2005 places duties on the responsible person, usually whoever has control of the premises. The central obligation is to carry out and keep up to date a fire risk assessment and to put in place appropriate fire precautions.
Commercial vs mixed-use
- Commercial-only buildings: the fire safety framework is principally the Fire Safety Order, supported by the Fire Safety Act 2021 and lease obligations. The Building Safety Act's headline duties are aimed mainly at higher-risk residential buildings.
- Mixed-use buildings with homes: additional duties can apply, particularly for higher-risk buildings (broadly the taller residential and mixed blocks), and leaseholder protections can affect how remediation costs are shared. If your building has residential parts, take specific advice.
Responsible person duties
The responsible person must assess the risk, act on it, maintain fire precautions and keep records. In a multi-let building the landlord is typically responsible for the common parts and structure, while tenants handle their own demised areas, but the exact split depends on the lease.
Get it assessed
Use a competent fire risk assessor, and revisit the assessment after changes to the building or its use. Where a remediation demand arises, take advice quickly. This is guidance, not a substitute for a professional assessment.
Does a commercial building need a fire risk assessment?
Yes. Under the Fire Safety Order 2005 the responsible person, usually whoever controls the premises, must carry out and maintain a fire risk assessment.
Does the Building Safety Act apply to commercial buildings?
Its headline duties are aimed mainly at higher-risk residential buildings. Commercial-only buildings rely on the Fire Safety Order and the Fire Safety Act 2021.