The person with ultimate legal responsibility for producing a fire risk assessment is the responsible person.
In England and Wales, fire safety law says the responsible person must carry out a fire risk assessment, review it regularly, put appropriate fire safety measures in place, plan for emergencies, and provide staff with fire safety information, instruction, and training. In business or other non-domestic premises, the responsible person may be the employer, owner, landlord, occupier, or another person with control of the premises.
Last Updated: 2026
Reviewed By: London Safety Certificate Compliance Team
Key Takeaways
- The responsible person has ultimate legal responsibility for the fire risk assessment.
- The assessment can be carried out by the responsible person or by a competent person appointed to help.
- Appointing an external fire risk assessor does not remove the responsible person’s legal duty.
- In workplaces, the responsible person is usually the employer.
- In common parts or managed buildings, it may be the landlord, freeholder, managing agent or person in control.
- In shared premises, more than one responsible person may have duties and must cooperate.
- The responsible person must make sure the assessment is suitable, sufficient, recorded, reviewed and acted on.
Table of Contents
Quick Answer: Who Has Ultimate Responsibility for Producing a Fire Risk Assessment?
The responsible person has ultimate responsibility for producing a fire risk assessment.
This may be the:
- employer
- business owner
- landlord
- freeholder
- managing agent
- occupier
- facilities manager
- building manager
- person with control over the premises
A competent employee, fire safety officer or external fire risk assessor may complete the assessment in practice, but the legal responsibility remains with the responsible person.
In simple terms: someone else can carry out the work, but the responsible person remains accountable for making sure it is suitable, sufficient, recorded, reviewed and acted on.
Who Is Responsible for Completing a Fire Risk Assessment?
The legal duty sits with the responsible person, even if someone else helps complete the assessment.
That is the key distinction. A business may appoint a competent employee, a fire safety consultant, or an external fire risk assessor to carry out the practical work, but the legal responsibility still remains with the responsible person. The law does not allow that duty to disappear simply because the task has been delegated.
Who Is the Responsible Person?
For business and other non-domestic premises, the responsible person is usually one of the following:
| Premises situation | Who is usually the responsible person? |
|---|---|
| Workplace under employer control | The employer |
| Commercial premises controlled by one business | The owner, occupier, or person in control |
| Let building or managed premises | The landlord, managing agent, facilities manager, or building manager, depending on control |
| Common or shared areas | The landlord, freeholder, or managing agent |
| Shared premises with multiple duty holders | More than one responsible person may exist |
GOV.UK states that if there is more than one responsible person, they must work together to meet their responsibilities
Can Someone Else Carry Out the Assessment?
Yes. The fire risk assessment can be carried out by the responsible person if they are competent, or by a competent person appointed to help.
Government guidance says that you can do the assessment yourself using standard guidance if you have the expertise and time. If you do not, you should appoint a competent person, for example a professional risk assessor. But even where an external assessor is used, the responsible person still has the duty to make sure a suitable and sufficient fire risk assessment is completed. For the wider meaning and purpose of the assessment itself, see what is a fire risk assessment.
Does Hiring a Fire Risk Assessor Transfer Responsibility?
No. Hiring a fire risk assessor does not transfer ultimate legal responsibility away from the responsible person.
A professional assessor can inspect the premises, identify hazards, prepare the fire risk assessment and recommend actions. However, the responsible person must still make sure:
- the assessor is competent
- the assessment is suitable and sufficient
- the findings are recorded
- fire safety arrangements are recorded
- recommended actions are reviewed and completed
- the assessment is kept up to date
Section 156 guidance also makes clear that, where a person is engaged to undertake or review a fire risk assessment, their identity should be recorded.
Who Completes the Fire Risk Assessment in Practice?
In practice, the fire risk assessment may be completed by:
- the employer
- the landlord or managing agent
- a competent employee
- a fire safety manager or fire safety officer
- an external competent fire risk assessor
The practical answer depends on the premises and the competence of the people involved. The legal answer stays the same: the responsible person remains accountable for making sure the assessment is done properly.
Employer’s Role in Fire Risk Assessments
In a workplace, the employer is usually the responsible person if the premises are under their control.
That means the employer must make sure the assessment is carried out, that fire hazards are identified, that people at risk are considered, that suitable precautions are in place, and that staff receive fire safety information and training. This is not just an administrative role. It is an active management duty under fire safety law.
Responsibilities of Property Owners, Landlords and Managing Agents
Where the premises are not simply a normal workplace, responsibility often depends on control of the building or part of it.
GOV.UK states that for common or shared areas, the responsible person is usually the landlord, freeholder, or managing agent. In multi-occupied or shared premises, more than one responsible person may exist, and they must coordinate their fire safety arrangements. That matters particularly in mixed-use buildings, shared office buildings, and blocks of flats with communal areas.
Responsibility in Shared Premises
In shared premises, responsibility may sit with more than one person or organisation.
For example:
- a landlord may control the common parts
- a commercial tenant may control their own unit
- a managing agent may manage fire safety arrangements
- a facilities manager may control maintenance or access
- several occupiers may share escape routes
Where more than one responsible person exists, they should cooperate and coordinate their fire safety arrangements. This matters in mixed-use buildings, shared offices, commercial units below flats, managed buildings and multi-occupied premises.
Role of Fire Safety Officers and Fire Risk Assessors
A fire safety officer or fire risk assessor may play an important operational role, but they do not automatically take over the legal duty.
They may inspect the premises, identify hazards, recommend control measures, produce documentation, and review findings. However, if they are acting on behalf of the responsible person, the ultimate responsibility still remains with the responsible person. Section 156 guidance also says that if a responsible person engages someone to undertake or review the assessment, they must record that person’s identity, and it remains the responsible person’s duty to ensure the assessment is suitable and sufficient.
What Must the Responsible Person Do?
The responsible person must do more than simply obtain a document. GOV.UK says they must:
- carry out a fire risk assessment and review it regularly
- keep a written record of the fire risk assessment
- put in place and maintain appropriate fire safety measures
- plan for an emergency
- provide staff with information, instruction, and training
That means the responsibility is both for the assessment itself and for acting on what the assessment shows. For the wider legal duty behind fire risk assessment, see what is the legal requirement for fire risk assessments.
Ultimate Responsibility vs Practical Completion
| Role | What They May Do | Do They Hold Ultimate Responsibility? |
|---|---|---|
| Responsible person | Ensures assessment is completed, recorded, reviewed and acted on | Yes |
| Employer | Usually responsible where they control the workplace | Usually yes |
| Landlord/freeholder | Usually responsible for common parts under their control | Often yes |
| Managing agent | May manage fire safety duties depending on control/contract | Often yes |
| External fire risk assessor | Carries out assessment and gives recommendations | No, unless they also control the premises |
| Fire safety officer | May support fire safety management internally | Not automatically |
| Employee | May help with checks or procedures | Not usually |
Written Records and Ongoing Review
The written record of the fire risk assessment now matters even more than before.
Government guidance issued after Section 156 of the Building Safety Act 2022 explains that responsible persons must now record the fire risk assessment in full and record their fire safety arrangements in all circumstances. They must also keep this information up to date and, where relevant, record who they have engaged to undertake or review the assessment. For review timing and when reassessment is needed, see how often should fire risk assessments be reviewed minimum.
What Happens If the Responsible Person Does Not Comply?
If the responsible person does not comply with fire safety law, the consequences can be serious.
GOV.UK states that you could be fined or go to prison if you do not follow fire safety regulations. Fire and rescue authorities can inspect premises, issue notices, and take enforcement action. This is why responsibility for the fire risk assessment should never be treated as a formality.
Final Answer
The ultimate responsibility for producing a fire risk assessment sits with the responsible person.
That person may appoint a competent person to help carry out the assessment, but the legal duty does not transfer. The responsible person must make sure the fire risk assessment is suitable and sufficient, recorded properly, reviewed regularly, and supported by real fire safety measures, emergency planning, and staff training. In simple terms: someone else may complete the work, but the responsible person remains legally accountable for it. For the wider legal framework around fire safety duties, see fire safety regulations.
Frequently Asked Questions
Who has ultimate responsibility for producing a fire risk assessment?
The ultimate responsibility sits with the responsible person. In most cases, this is the employer, owner, landlord, occupier, managing agent, or another person who has control over the premises or part of it.
Who is responsible for completing a fire risk assessment?
The responsible person is legally responsible for making sure the fire risk assessment is completed properly. They may complete it themselves if they are competent, or they may appoint a competent person to carry it out on their behalf.
Can a fire risk assessor or consultant carry out the assessment?
Yes. A competent fire risk assessor or consultant can carry out the assessment. However, appointing an external assessor does not remove legal responsibility from the responsible person.
Does legal responsibility transfer to the external assessor?
No. The responsible person remains legally accountable for ensuring that the fire risk assessment is suitable, sufficient, recorded properly, and kept up to date.
Who is the responsible person in a workplace?
In a workplace, the responsible person is usually the employer, provided they have control over the premises. If control is shared, responsibility may also be shared.
Who is responsible for fire risk assessments in common areas?
For common or shared areas, the responsible person is often the landlord, freeholder, managing agent, or another person with control over those parts of the building.
Can more than one person be responsible for a fire risk assessment?
Yes. In shared premises or multi-occupied buildings, there may be more than one responsible person. Where this happens, the duty holders must cooperate and coordinate their fire safety arrangements.
Does the fire risk assessment have to be written down?
Yes. The fire risk assessment should be recorded in writing and kept up to date. The responsible person should also keep records of their fire safety arrangements and relevant reviews.
Who should review and update a fire risk assessment?
The responsible person must make sure the fire risk assessment is reviewed regularly and updated when necessary. This can be done by the responsible person or by a competent person acting for them.
What happens if the responsible person does not comply?
Failure to comply can lead to enforcement action, notices, prosecution, fines, and in serious cases imprisonment. That is why the fire risk assessment must be treated as a real legal duty rather than a paperwork exercise.
Can a landlord be responsible for a fire risk assessment?
Yes. A landlord, freeholder or managing agent may be responsible where they control common parts, shared escape routes or fire safety arrangements in a building.
Can an employer be responsible for a fire risk assessment?
Yes. In a workplace, the employer is usually the responsible person if they have control over the premises.
Can a managing agent be the responsible person?
A managing agent may have fire safety duties where they control or manage parts of the premises, especially common areas, maintenance or fire safety arrangements.
Does a fire risk assessor become legally responsible?
Not usually. A fire risk assessor may complete the assessment, but the responsible person remains legally accountable for making sure the assessment is suitable and sufficient.
Who is responsible in a shared building?
There may be more than one responsible person. The landlord, freeholder, managing agent, occupiers and tenants may all have duties depending on who controls each part of the building.
What must the responsible person record?
The responsible person must record the fire risk assessment and fire safety arrangements in full. They should also keep records of reviews, remedial actions and any person appointed to carry out or review the assessment.