Q&As

In the sale of a commercial property where there are no employees, members of the public, or third parties, is there a requirement for a fire risk assessment?

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Published on LexisPSL on 09/09/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • In the sale of a commercial property where there are no employees, members of the public, or third parties, is there a requirement for a fire risk assessment?
  • Who is responsible?
  • Application to all premises
  • What are the duties owed?
  • What is the penalty for non-compliance?

The statutory regime for fire prevention and fire safety in respect of commercial premises is set out in the Regulatory Reform (Fire Safety) Order 2005 (RRFSO 2005), SI 2005/1541. SI 2005/1541 places a duty upon the ‘responsible person’ for each premises to observe such general fire precautions as are reasonably required in the circumstances to ensure that the premises are safe.

The 'responsible person' must carry out suitable and sufficient assessment of the risks to which the 'relevant persons' are exposed in order to identify the precautions to be taken and must keep such assessments up to date.

Who is responsible?

The responsible person in a workplace is the employer and any other person who may have control of any part of the premises, eg the occupier or owner and in respect of all other premises is the person or people in control of the premises.

If a landlord has an obligation to maintain or repair any part of the premises or in relation to the safety of the premises, he will be considered to b

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