You’ve received a letter from the fire and rescue service identifying problems with your building’s fire safety arrangements. Does that mean you’re facing prosecution, could your premises be closed, and how quickly do you need to put things right? Here’s what Responsible Persons should know.
Imagine you’re running a restaurant, managing an office building or looking after a residential development when a letter arrives from the local fire and rescue service.
An inspector recently visited your premises, and they’ve now identified several fire safety deficiencies.
Perhaps the fire risk assessment needs updating, a fire door isn’t closing properly or the fire alarm maintenance records show outstanding defects.
The letter lists the problems, refers to various articles of the Regulatory Reform (Fire Safety) Order 2005 and recommends that remedial work is completed within a specified period.
Naturally, you’re concerned.
Does this mean you’re being prosecuted? Could the fire service close your business? And what happens if you disagree with one of the recommendations or can’t complete the work by the suggested date?
Receiving a fire safety deficiencies letter doesn’t automatically mean you’re facing prosecution or that your building is unsafe to occupy.
Many fire safety deficiencies are dealt with informally, particularly where the Responsible Person cooperates and takes appropriate action.
However, the seriousness of the findings and how you respond can make a considerable difference to what happens next.
Let’s look at how fire safety enforcement works, what the latest national figures tell us and what you should do when an inspector identifies problems.
How Common Are Fire Safety Deficiencies?
More common than you might expect.
According to the Government’s Fire Prevention and Protection Statistics for England, April 2025 to March 2026, fire and rescue authorities carried out 50,195 fire safety audits during the reporting year.
Of those, 29,909 audits, approximately 60%, received a satisfactory outcome.
The remaining 20,286 were recorded as unsatisfactory, meaning further action was necessary to bring the premises into compliance.
That sounds concerning, but it doesn’t mean every unsatisfactory audit resulted in prosecution.
During the same reporting period, fire and rescue authorities issued 18,039 informal notifications and 3,355 formal notices. There were also 33 prosecutions recorded.
These figures describe enforcement activity during the year, rather than tracking the outcome of one particular group of inspections.
Nevertheless, they demonstrate something important.
Most fire safety deficiencies are addressed without criminal court proceedings, but formal enforcement remains a real possibility where risks are serious or problems aren’t resolved.
The Government’s statistics also show that formal notifications increased by 11% compared with the previous year.
It’s therefore worth understanding what different notices mean and how to respond appropriately.
What Happens When an Inspector Finds Something Wrong?
Under the Regulatory Reform (Fire Safety) Order 2005, enforcing authorities have powers to inspect premises and take action where relevant fire safety duties aren’t being met.
For most commercial and residential premises, the enforcing authority is the local fire and rescue authority.
However, not every deficiency requires the same response.
The Government’s Fire Safety Order Enforcement and Sanctions Guidance, updated in July 2026, explains that authorities should take a proportionate approach based on the risks involved.
That means a minor administrative problem shouldn’t automatically be treated in the same way as a serious defect that could prevent people escaping during a fire.
Inspectors have several enforcement options available.
Verbal Advice
Where only a small number of relatively minor deficiencies are identified, the inspector may provide verbal advice.
For example, a business might have appropriate fire safety arrangements but need to correct a relatively minor record-keeping issue.
The inspecting officer may explain what’s required and expect the Responsible Person to take appropriate action.
Verbal advice shouldn’t be ignored simply because it wasn’t accompanied by a formal notice.
An Informal Fire Safety Deficiencies Letter
Where more significant deficiencies are identified, but the risks don’t justify immediate formal enforcement, the fire service may issue a written notification.
These letters are commonly described as a Notification of Fire Safety Deficiencies or a Letter of Fire Safety Matters.
The letter will usually identify the relevant legislation, describe the deficiencies and recommend appropriate corrective measures.
It may also include suggested completion timescales.
For example, the inspector might identify inadequate fire door maintenance under Article 17, insufficient emergency procedures under Article 15 or a fire risk assessment that no longer reflects the building under Article 9.
The letter provides an opportunity for the Responsible Person to address those matters without the need for a statutory enforcement notice.
However, it’s important to understand that an informal letter isn’t simply advice that can be filed away and forgotten.
An Agreed Action Plan
Where several deficiencies have been identified, the fire service may agree a prioritised action plan with the Responsible Person.
This can be useful where different problems require different contractors or completion timescales.
For example, a defective emergency exit might need immediate attention, while updating staff training records or arranging additional maintenance could be completed within an agreed programme.
The plan may identify when work should be completed and when the inspecting officer intends to return.
An informal action plan isn’t itself a statutory enforcement notice, but it provides a clear record of the improvements the Responsible Person has agreed to undertake.
Is It an Offence to Ignore an Informal Fire Safety Letter?
This is an important distinction.
Failing to comply with an informal fire safety deficiencies letter isn’t, by itself, a separate offence under the Fire Safety Order.
However, the underlying fire safety breaches may still constitute offences depending on their seriousness and the circumstances.
The Government’s enforcement guidance specifically explains that failing to act on a non-statutory letter can lead to formal enforcement.
The fact that the Responsible Person was previously informed about the problems may also be used as evidence in subsequent proceedings or considered as an aggravating factor when sentencing.
Imagine an inspector identifies defective fire doors and gives the managing agent several weeks to arrange repairs.
Nothing happens.
Six months later, the inspector returns and finds the same doors still defective, with no evidence that repairs were arranged.
The issue is no longer simply that the doors need attention. The history now suggests that the Responsible Person was aware of the deficiencies and failed to manage them appropriately.
That can influence the enforcing authority’s decision about what action is necessary.
The safest approach is to treat an informal letter seriously, establish what work is required and maintain a clear record of the action taken.
What Is a Statutory Fire Safety Enforcement Notice?
A statutory notice is different from an informal letter.
It creates legally enforceable requirements, and failing to comply can result in prosecution.
There are three principal types of statutory notice under the Fire Safety Order.
Enforcement Notices
Under Article 30, an enforcing authority can serve an enforcement notice where it considers that relevant fire safety requirements haven’t been met.
The notice must identify the breaches and explain the reasons for issuing it.
It will also specify the period allowed for remedial action, which must be at least 28 days from service.
An enforcement notice can be issued without a previous informal letter, so don’t assume that the authority must provide several warnings before taking formal action.
The Government’s statistics show that 1,896 enforcement notices were issued in England during the year ending March 2026.
Prohibition Notices
A prohibition notice is more serious.
Under Article 31, an enforcing authority can prohibit or restrict the use of premises where the risk to relevant people is sufficiently serious.
For example, inadequate escape routes, dangerous sleeping accommodation or serious failures in fire-resisting construction could lead to restrictions on how a building is used.
Where the risk is considered imminent, the prohibition can take effect immediately.
This could mean that part or all of a building cannot be occupied until the relevant risks have been addressed.
Unlike an enforcement notice, a prohibition notice doesn’t provide an automatic 28-day period to carry out improvements before restrictions can take effect.
Alterations Notices
Under Article 29, an alterations notice may be issued where premises present, or could present following changes, a serious risk to relevant people.
The notice requires the Responsible Person to inform the enforcing authority before making specified changes to the premises or their use.
It can also include additional requirements for providing information about proposed alterations.
These notices are particularly relevant where changes in occupancy, layout or activities could significantly affect fire safety.
What Does the NFCC Enforcement Register Tell Us?
If you want to understand the consequences of serious fire safety deficiencies, the National Fire Chiefs Council’s Enforcement Register is a useful place to look.
The public register provides details of statutory notices issued by participating fire and rescue authorities under the Fire Safety Order.
It includes information about the premises, the type of notice, the reasons for enforcement and the restrictions or requirements imposed.
For example, entries include cases where sleeping accommodation has been prohibited because the building lacked adequate fire-resisting separation, suitable escape routes or effective fire detection and warning arrangements.
Other entries identify inadequate means of escape, fire alarm deficiencies and defects affecting protected staircases.
The register demonstrates how enforcement can affect the actual use of a building.
A prohibition notice may prevent an upper floor being used for sleeping accommodation, restrict the permitted occupancy or prohibit particular activities until the risks are addressed.
However, the register has limitations.
It isn’t a complete record of every deficiency identified during fire safety audits. It principally concerns statutory notices, rather than verbal advice or informal letters.
Not every fire and rescue authority uses the national register, and entries should be interpreted according to the information supplied by the relevant enforcing authority.
The NFCC also explains that notices are normally added after the three-week appeal period and remain available for a defined period, subject to their status.
For national comparisons, the Government’s annual fire protection statistics provide a more reliable measure of enforcement activity.
Together, these sources show that while informal action is common, serious deficiencies can lead to enforceable restrictions on how premises are used.
How Does the Fire Service Decide What Action to Take?
Enforcing authorities are expected to follow the principles of the Regulators’ Code.
That means enforcement should be transparent, proportionate and directed towards achieving compliance.
The Government’s enforcement guidance identifies several factors that authorities may consider.
These include the seriousness of the risk, the general condition of fire precautions, previous breaches and evidence of efforts to comply.
Inspectors may also consider whether deficiencies arose inadvertently or resulted from deliberate decisions to avoid expenditure.
The Responsible Person’s cooperation is another relevant factor.
Consider two businesses with similar defects.
The first acknowledges the findings, immediately addresses serious risks and provides a realistic programme for completing the remaining work.
The second disputes every recommendation without providing supporting evidence, ignores correspondence and fails to arrange repairs.
The physical deficiencies may initially have been similar, but the management response is very different.
That doesn’t mean cooperation guarantees an informal outcome.
Serious risks can justify immediate formal action, regardless of how cooperative the Responsible Person is.
But constructive engagement, supported by competent technical advice and evidence of remedial work, can help the authority understand how the problems are being managed.
What Should You Do When a Fire Safety Deficiencies Letter Arrives?
The first thing is to read the letter carefully and establish what it actually requires.
Is it an informal notification, or has the fire service served a statutory enforcement, prohibition or alterations notice?
That distinction matters because statutory notices carry legal deadlines and rights of appeal.
Once you’ve established the position, review each finding and consider the risks involved.
Deal With Serious Life Safety Defects First
Not every recommendation should be treated as having the same urgency.
A blocked emergency exit, defective fire alarm affecting essential detection or fire door that no longer protects an escape route could require immediate attention.
Other matters, such as updating documentation or arranging additional routine training, may be appropriate for a planned programme.
The fire risk assessment and any information supplied by the inspecting officer should help establish the priorities.
Where important precautions are impaired, temporary measures may be necessary while permanent repairs are arranged.
These should be proportionate to the risks and properly recorded.
Check Who Is Responsible for the Work
In a multi-occupied building, not every deficiency will necessarily fall within the control of the same organisation.
For example, a landlord might be responsible for the communal fire alarm and shared staircase, while an individual business tenant manages its own activities and equipment.
Under Article 22 of the Fire Safety Order, relevant Responsible Persons must cooperate and coordinate their fire safety measures.
If a letter identifies deficiencies affecting shared areas or systems, establish which dutyholder is responsible and communicate the findings appropriately.
Where responsibility is disputed, consider the lease, management agreements and the actual control exercised by the relevant parties.
But don’t allow a disagreement about who pays for repairs to leave a serious fire safety risk unmanaged.
Obtain Appropriate Technical Advice
Some deficiencies are straightforward.
Others may involve complicated fire alarm systems, compartmentation, smoke control equipment or the building’s fire strategy.
A competent fire risk assessor or relevant specialist can help establish what the finding means and the most appropriate way of addressing it.
This is particularly valuable where the recommended work could be expensive.
For example, a letter might identify concerns about fire separation between commercial and residential accommodation.
The appropriate response could involve a targeted investigation of particular walls or floors, rather than immediately commissioning extensive work throughout the building.
The scope should reflect the actual deficiency and the measures necessary to achieve compliance.
Do You Have to Carry Out Exactly the Work the Inspector Suggests?
Not always.
This is another important point in the Government’s enforcement guidance.
Where an informal letter recommends particular remedial measures, those measures may represent one acceptable way of achieving compliance rather than the only possible solution.
The Responsible Person can propose an alternative approach, provided it achieves the necessary standard of fire safety and complies with the applicable legislation.
For example, an inspector might recommend a particular alteration to the fire detection arrangements.
A competent fire alarm designer or fire safety consultant may identify a different solution that provides suitable protection.
That doesn’t mean you can simply substitute cheaper equipment without justification.
The alternative must be technically appropriate and capable of achieving compliance.
If you disagree with a finding or proposed remedy, explain your position to the inspecting officer and provide supporting evidence.
Where necessary, discuss the issue with the officer’s manager or the relevant enforcement team.
For certain technical disputes, Article 36 of the Fire Safety Order allows the Responsible Person and enforcing authority to agree to refer a disagreement about the necessary remedial measures to the Secretary of State for determination.
This is a joint process, not a unilateral appeal.
The Government published updated guidance on determinations in July 2026.
Where a statutory notice has already been served, formal appeal rights and deadlines also need to be considered.
What if You Can’t Complete the Work by the Deadline?
Sometimes remedial work takes longer than expected.
A replacement fire alarm control panel might have a substantial lead time. Specialist fire doors may need to be manufactured, or compartmentation repairs could require access to several occupied tenancies.
The important thing is to communicate the problem rather than allowing the deadline to pass without explanation.
For an informal letter, contact the inspecting officer before the recommended completion date and explain the position.
Provide evidence of the steps already taken, such as contractor appointments, purchase orders or confirmed delivery dates.
Where appropriate, discuss temporary precautions and a revised programme.
If you’ve received a statutory enforcement notice, the position is more formal.
An enforcement notice specifies a legally enforceable completion period.
The Government’s guidance explains that the Responsible Person may apply to the enforcing authority for an extension before the period expires, but granting that extension is at the authority’s discretion.
Don’t assume that an extension has been agreed simply because you’ve sent an email requesting one.
Obtain written confirmation.
And where serious life safety defects remain, suitable temporary precautions may be necessary regardless of the agreed completion programme.
Can You Appeal a Fire Safety Enforcement Notice?
Yes, but there are strict time limits.
Under Article 35 of the Fire Safety Order, a person served with an enforcement, prohibition or alterations notice can generally appeal to the magistrates’ court within 21 days of service.
An appeal against an enforcement notice or alterations notice normally suspends its operation until the appeal is resolved or withdrawn.
However, an appeal against a prohibition notice doesn’t automatically suspend the restriction.
The court must specifically direct otherwise.
If you receive a statutory notice and believe the findings or requirements are incorrect, obtain appropriate legal and technical advice promptly.
You shouldn’t allow the appeal period to expire while waiting for an informal discussion to resolve the disagreement.
An informal deficiencies letter doesn’t carry the same statutory appeal mechanism, although the findings can still be discussed with the enforcing authority.
Why Should You Review Your Fire Risk Assessment After an Inspection?
A fire safety inspection can reveal problems that weren’t identified in the existing fire risk assessment.
Perhaps the assessor missed defective fire doors, failed to identify inadequate detector coverage or didn’t consider a significant change to the building’s use.
Alternatively, the original assessment may have identified the problems correctly, but the necessary remedial actions were never completed.
Either way, the findings should be considered.
Under Article 9(3) of the Fire Safety Order, fire risk assessments must be reviewed regularly and particularly where there’s reason to suspect they’re no longer valid.
A fire service inspection identifying significant unrecognised risks is a good reason to review the existing assessment.
That doesn’t automatically mean the whole assessment must be replaced.
However, a competent review should establish whether the findings affect the overall assessment of risk, whether additional precautions are necessary and how the action plan should be updated.
Where the existing assessment is substantially inadequate, commissioning a new assessment may be the more appropriate approach.
What Evidence Should You Keep When the Work Is Completed?
Once remedial work has been undertaken, retain suitable evidence.
Depending on the deficiency, this might include contractor reports, photographs, inspection records, fire alarm commissioning or test documentation, fire door repair records or updated training information.
Link the evidence to the relevant finding in the fire service’s letter.
For example, if the inspector identified three defective fire doors, the completion record should identify those particular doors and explain what work was undertaken.
If a fire alarm fault was repaired, the service report should establish that the relevant equipment was tested and returned to operation.
An invoice alone doesn’t necessarily demonstrate that the work was completed satisfactorily.
Where appropriate, arrange for a competent person to verify the completed work.
A simple action register can be helpful, identifying each deficiency, the work required, the contractor responsible, the target completion date and the evidence of completion.
This demonstrates that the findings have been actively managed.
It also provides useful records for future fire risk assessments, inspections and management handovers.
Should You Tell the Fire Service When Everything Is Finished?
Yes. It’s sensible to provide a written update once the agreed remedial work has been completed.
Explain which deficiencies have been addressed, the dates of completion and the evidence available.
Where work remains outstanding, provide an accurate update rather than suggesting everything has been resolved.
The inspecting officer may decide to arrange a follow-up visit, request additional information or confirm that the matter has been closed.
For formal notices, ensure that you follow the specific requirements and any necessary confirmation procedures.
The important thing is to maintain clear communication.
An inspector shouldn’t have to chase repeatedly to establish whether the Responsible Person has acted on the findings.
Why Do Some Buildings Keep Receiving the Same Deficiencies?
This is where fire safety management becomes particularly important.
Imagine an inspector identifies a fire door being wedged open in a busy office.
The building manager removes the wedge and arranges for the door closer to be adjusted.
The problem appears to be resolved.
But nobody asks why the door was being wedged open.
Perhaps employees regularly move equipment through it, the closer is excessively difficult to operate or the door creates practical accessibility problems.
If the underlying issue isn’t addressed, somebody may simply wedge it open again.
At the next inspection, the same deficiency appears.
The problem wasn’t simply a defective door. It was a failure to establish suitable management arrangements.
Under Article 11 of the Fire Safety Order, the Responsible Person must make and give effect to appropriate arrangements for planning, organising, controlling, monitoring and reviewing fire safety measures.
That means identifying problems, arranging suitable action and checking that the precautions continue to work.
The same principle applies to repeated fire alarm faults, blocked escape routes, overdue maintenance and inadequate staff training.
Correcting a defect is important. Understanding why it happened and preventing it from recurring is what effective fire safety management is about.
What Should You Remember if the Fire Service Finds Deficiencies?
Receiving a fire safety deficiencies letter can be unsettling, but it doesn’t necessarily mean that prosecution or closure is inevitable.
The fire service has identified matters requiring attention, and the most constructive response is to establish what they mean, prioritise the risks and arrange suitable remedial action.
For an informal letter, clear communication and evidence of progress can help resolve matters without formal enforcement.
Where a statutory notice has been issued, the legal requirements and deadlines must be taken seriously.
The NFCC Enforcement Register demonstrates that serious fire safety deficiencies can result in restrictions on how buildings are occupied or used.
However, the Government’s national statistics also show that informal action remains a common approach to addressing non-compliance.
The important thing is not to ignore the findings, assume the suggested measures are the only possible solution or leave problems outstanding without a plan.
Because the real question isn’t whether the fire service has found something wrong with your building. It’s what you’re going to do about it, and whether you can demonstrate that the risks have been properly addressed.
Need Help Responding to a Fire Safety Deficiencies Letter?
At ESI: Fire Safety, we help business owners, landlords, managing agents and Responsible Persons understand fire safety deficiencies and establish practical, proportionate ways of addressing them.
Our services include fire risk assessments, reviews of enforcement findings, fire alarm consultancy, fire door inspections, compartmentation surveys and independent fire safety compliance advice.
We work with offices, restaurants, factories, warehouses, residential developments and multi-occupied commercial buildings.
Our service area includes Fareham in Hampshire, Horley in Surrey, Wargrave in Berkshire, Burgess Hill in West Sussex, Whitstable in Kent, Faringdon in Oxfordshire and Battersea in South West London, together with surrounding areas.
If you’ve received a Notification of Fire Safety Deficiencies, an informal fire safety matters letter or a statutory enforcement notice, we can help you understand the technical findings, identify appropriate remedial measures and review the relevant fire risk assessment.
Where necessary, we can also assist with developing a prioritised action plan and documenting the steps taken to address the findings.
ESI: Fire Safety — No Shortcuts in Safety.
Contact ESI: Fire Safety or call 01276 300 351 to discuss a fire safety deficiencies letter or compliance review.
This article focuses on fire safety enforcement in England, with the Regulatory Reform (Fire Safety) Order 2005 also applying in Wales. The Government enforcement guidance linked above applies specifically to England. Statutory notices carry legal deadlines; where a notice has been served or prosecution is being considered, obtain appropriate legal advice promptly.
