Fire safety law
Who is responsible for fire safety?
A plain-English guide to the Responsible Person, the Accountable Person and the other duty holders who are legally answerable for fire doors, fire stopping and compartmentation in commercial and residential buildings in England. Updated October 2026.
The law in brief
Four pieces of legislation set out who is responsible for fire safety in buildings in England: the Regulatory Reform (Fire Safety) Order 2005, the Fire Safety Act 2021, the Fire Safety (England) Regulations 2022 and the Building Safety Act 2022. Together they name the people who must keep a building’s passive fire protection working and prove that they have done so.
Passive fire protection means the parts of a building that hold back fire and smoke without anyone doing anything: fire doors, fire-stopping around pipes and cables, fire-resisting walls and floors, and the compartments they create. Keeping it in good order is a legal duty, not a maintenance preference.
The Responsible Person
The Regulatory Reform (Fire Safety) Order 2005 places the duty on the “Responsible Person”. In a workplace this is the employer. In any other premises it is the person who has control of the premises in connection with a business, or the owner. Several people can be Responsible Persons for the same building at once, for example a landlord for the common parts and each tenant for their own demise.
The Responsible Person must carry out and record a fire risk assessment, put in place general fire precautions, keep fire-resisting doors and compartmentation in an efficient state and in good repair, and make sure any maintenance is carried out by a competent person. Since the Fire Safety Act 2021 the Order explicitly covers the structure, external walls and the flat entrance doors of buildings with two or more sets of domestic premises.
The Fire Safety (England) Regulations 2022
These regulations, in force since 23 January 2023, add specific duties for multi-occupied residential buildings. In buildings over 11 metres the Responsible Person must check all communal fire doors at least every three months and the flat entrance doors at least every twelve months, record the checks, and act on any defects found.
In all multi-occupied residential buildings the Responsible Person must give residents clear fire safety instructions and information on the importance of fire doors. In buildings over 18 metres they must also share floor plans, building plans and external wall information with the fire and rescue service and keep a secure information box on site.
The Accountable Person and the Building Safety Act 2022
For higher-risk residential buildings, those at least 18 metres or seven storeys tall with two or more residential units, the Building Safety Act 2022 creates the “Accountable Person”. This is the organisation or individual who owns or has a legal obligation to repair the common parts. Where there is more than one, the one responsible for the structure and exterior is the Principal Accountable Person.
The Accountable Person must register the building with the Building Safety Regulator, assess and manage building safety risks, prepare a safety case report and keep the “golden thread” of information: an accurate, digital record of how the building is designed, built and maintained, including the fire doors and fire stopping within it. Every certified job TECS completes is recorded in OneTrace precisely so that it can form part of that record.
Other duty holders
Building owners and landlords are usually the Responsible Person for the common parts and the structure, and must make sure contractors who work on the building do not compromise compartmentation. Employers and tenants are responsible for the areas they occupy and for cooperating with the building’s Responsible Person.
Managing agents and facilities management providers take on the Responsible Person’s duties when their contract gives them control of the premises, which is why most FM contracts now include planned fire door inspection and fire stopping maintenance. Contractors of any trade have a duty under the Order not to damage fire protection and, under the Building Regulations, to reinstate any fire stopping they disturb.
Under the Building Safety Act, the client, principal designer and principal contractor on any building work are duty holders who must plan, manage and monitor that work so that it complies with the Building Regulations, including Approved Document B on fire safety.
What the law expects of fire doors and fire stopping
Fire doors must be the correct rating for their location, typically FD30 or FD60, fitted with the tested frame, seals, glazing and ironmongery, and installed to the manufacturer’s instructions and BS 8214. They must close fully onto their latch, have gaps within tolerance and be free of damage. Any repair must use compatible components so that the door still performs as tested.
Fire stopping must restore the fire resistance of the wall or floor wherever a service, joint or opening passes through it, using systems tested for that exact application. Penetrations made by electricians, plumbers and data installers after a building is handed over are the most common cause of failed compartmentation we find on survey.
In both cases the Responsible Person needs evidence: a record of what was installed or repaired, by whom, when, to which standard and with what products. Third-party certification schemes such as the BM TRADA Q-Mark give that evidence independent weight.
Enforcement and penalties
Fire and rescue authorities enforce the Fire Safety Order and can issue alterations, enforcement and prohibition notices. Failing to comply is a criminal offence. Since the Fire Safety Act 2021 and the Building Safety Act 2022 there is no limit on the fine a court can impose, and individuals can be imprisoned for up to two years for the most serious breaches.
The Building Safety Regulator enforces the duties on Accountable Persons and can issue compliance notices, prosecute and, in the most serious cases, appoint a special measures manager to take over a building. Directors and managers can be personally liable where an offence is committed with their consent or through their neglect.
How TECS helps you meet these duties
TECS is a BM TRADA Q-Mark certified passive fire protection contractor. We survey and inspect fire doors and fire stopping, install and repair to the tested specification, and record every door and every seal in OneTrace with photographs, locations and certificates. That gives Responsible Persons, Accountable Persons and facilities managers the audit-ready evidence the law now expects.
For a fire door inspection programme, a compartmentation survey or a planned maintenance contract across your estate, call 0800 368 9954 or request a quote and we will come back within one working day.