If you own, manage, or live in a block of flats, you might be wondering when a fire risk assessment is required—and who’s responsible for arranging one.
It’s a question we get asked a lot at ESI, and with good reason.
Fire safety in flats can be a bit more complicated than in standalone homes or commercial buildings.
So let’s break it down clearly: when is a fire risk assessment needed for flats, and what exactly does it need to cover?
Fire Safety and the Law
The key piece of legislation here is the Regulatory Reform (Fire Safety) Order 2005, which applies to non-domestic areas of residential buildings—such as the communal spaces in blocks of flats.
In short: if your building has shared areas, you’re legally required to carry out a Fire Risk Assessment for those parts of the property.
This includes:
- Entrances and hallways
- Staircases and lobbies
- Shared corridors
- Bin stores
- Plant or meter rooms
- Communal lounges (in sheltered housing, for example)
Since October 2023, the updated Fire Safety (England) Regulations 2022 have also introduced further legal responsibilities for multi-occupied residential buildings—especially for those over 11 metres in height or considered high-rise.
So, When Is a Fire Risk Assessment Required?
Here’s a simple rule of thumb: if the building has shared access areas, you must have a Fire Risk Assessment in place for those spaces—regardless of the number of flats.
This applies to:
- Converted houses with a shared hallway or staircase
- Purpose-built blocks of flats
- Maisonettes with communal entrances
- Houses in Multiple Occupation (HMOs)
Even if the flats themselves are self-contained, the communal areas fall under the Fire Safety Order—and that’s where the legal requirement kicks in.
You do not need a fire risk assessment for a single, private dwelling like a standalone flat or house with no shared access. But the moment you have shared access areas, the law applies.
Who’s Responsible?
The law places responsibility on the “Responsible Person”—this could be:
- A landlord or property owner
- A managing agent or property management company
- A Residents’ Management Company (RMC) or Right to Manage (RTM) company
- A housing association or local authority
In many cases, managing agents handle fire safety duties on behalf of freeholders or resident groups, but the legal responsibility still ultimately lies with whoever has control over the common areas.
It’s worth knowing that if more than one party has control (for example, a freeholder and a managing agent), responsibility may be shared—but that doesn’t mean it can be ignored.
What Should the Fire Risk Assessment Cover?
The assessment must take into account all relevant fire risks in the communal parts of the building. This includes:
- How people would escape in an emergency
- Whether fire doors, alarms, and emergency lighting are in good condition
- Any obstructions in escape routes
- The presence of flammable materials or rubbish
- The condition of fire stopping and compartmentation
- Risks posed by residents who may need extra help evacuating
The assessor should also consider the construction of the building, its height, and whether there are cladding or structural concerns—especially in post-Grenfell regulatory environments.
How Often Should It Be Reviewed?
There’s no fixed legal timescale, but the assessment should be reviewed regularly—particularly when:
- The building layout or usage changes
- There’s been a fire or near miss
- New tenants move in or resident needs change
- Safety systems are upgraded or deteriorate
As a general guide, most residential blocks review their fire risk assessment every 12 months and arrange a new full assessment every 3 to 5 years, depending on risk level and building complexity.
High-rise buildings or those housing vulnerable residents may need more frequent reviews.
What If You Don’t Have One?
Failing to have a fire risk assessment isn’t just risky—it’s illegal.
The local Fire and Rescue Authority can issue enforcement notices or even take legal action if a building is found to be non-compliant. In worst-case scenarios, this could include fines or prosecution.
But perhaps more importantly, without a proper fire risk assessment, you’re putting residents at risk—and if something goes wrong, insurance claims could be affected, reputations damaged, and lives endangered.
How We Can Help
At ESI: Electrical Safety Inspections, we specialise in helping landlords, managing agents, and property owners across Hampshire, Surrey, and Berkshire meet their legal responsibilities. Our fire risk assessments for flats are thorough, clear, and tailored to your building.
We work with properties of all shapes and sizes—from converted Victorian houses to modern apartment blocks—and give you a straightforward action plan, not a pile of confusing paperwork.
Final Thoughts
To wrap it up: a fire risk assessment is required by law for any building with communal areas, even if it’s just a shared hallway in a two-flat conversion.
If you’re unsure whether your building needs one—or when it was last reviewed—it’s time to take action.
Need help with a fire risk assessment for your flats?
📞 Call ESI today or book online. We’ll take care of it—professionally, clearly, and with your residents’ safety as the top priority.
