If you’re running a business and wondering when you need to carry out a fire risk assessment, you’re not alone. One of the most common questions we hear at ESI: Electrical Safety Inspections is:
“How many employees do I need before a fire risk assessment becomes a legal requirement?”
And the answer might surprise you—because it’s not just about the number of employees.
Let’s break it down clearly so you know exactly where you stand.
The Short Answer
You must carry out a fire risk assessment if you are:
- An employer
- The owner or manager of business premises
- Responsible for a building where people work, visit, or stay
- In charge of common areas in a multi-occupied residential building
There is no minimum number of employees.
Even if you’re a sole trader with no staff, you still have a legal duty to assess fire risks if you operate from commercial premises or a shared building.
What the Law Actually Says
The key legislation is the Regulatory Reform (Fire Safety) Order 2005. It applies to:
- All non-domestic premises
- All workplaces, including shops, salons, cafes, workshops, offices, and more
- Shared areas of residential buildings (like blocks of flats or HMOs)
The Fire Safety Order doesn’t set a staff threshold. Instead, it places a duty on the “Responsible Person”—which could be the employer, owner, landlord, or managing agent—to carry out a fire risk assessment and act on its findings.
What If I’m a One-Person Business?
If you’re self-employed and work from commercial premises—or you welcome customers, clients, or contractors to your workspace—you must still do a fire risk assessment.
Examples include:
- A self-employed hairdresser working from a high street unit in Camberley
- A dog groomer with a converted garage workspace in Farnborough
- A massage therapist seeing clients from a home treatment room in Reading
- A mobile phone repair shop in a retail unit in Guildford
Even with no employees, if people are on-site, fire safety rules apply.
What About the “Five Employees” Rule?
This is where the confusion often comes in.
The “five or more employees” rule is often misunderstood. It doesn’t decide whether or not you need a fire risk assessment—it decides whether you need to record it in writing.
So let’s clarify:
- ALL businesses need a fire risk assessment
- If you have five or more employees, you must record it in writing
- But since October 2023, this rule has changed
✅ New Rule (from October 2023):
Even if you have fewer than five employees, your fire risk assessment must be recorded in writing.
This update applies to all premises—big or small, single trader or team of 20.
Why This Matters
Fire risk assessments aren’t just about legal compliance—they’re about keeping people safe. Whether it’s your staff, customers, or even just you in a workspace, having the right precautions in place can:
- Reduce the risk of fire
- Protect property and stock
- Avoid costly downtime
- Improve your insurance cover
- Keep you on the right side of local fire authorities
At ESI, we help businesses of all sizes—from sole traders to multi-site companies—understand what’s needed, what’s sensible, and how to meet the rules without overcomplicating things.
Do I Need a Professional to Do It?
If your premises are small, simple, and low-risk—and you’re confident in your knowledge—you can carry out your own fire risk assessment using official guidance.
But many business owners prefer the reassurance of a qualified professional—especially now that written documentation is required for everyone.
At ESI, all our assessors hold a minimum Level 3 qualification, with many at Level 6, and are members of the Institute of Fire Engineers (IFE). We serve small businesses across Farnborough, Camberley, Reading, Guildford, and the wider Hampshire, Surrey, and Berkshire region.
Final Thoughts
So, how many employees do you need before you need a fire risk assessment?
Just one—you.
The moment you operate from a workplace or premises where people could be affected by fire, the law applies. And now, everyone needs a written assessment, no matter how small the team.
Need help getting your fire risk assessment sorted?
📞 Contact ESI today or book online. We’ll help you understand your responsibilities, stay compliant, and protect what matters most—your people, your premises, and your peace of mind.
