Who’s Responsible for Fire Safety in a Commercial Lease?
When leasing a commercial property, one of the most misunderstood areas is who holds legal responsibility for fire safety—the landlord or the tenant? It’s a crucial question, because under UK law, non-compliance can result in hefty fines, legal action, and most importantly, risk to life.
The key legislation here is the Regulatory Reform (Fire Safety) Order 2005, often referred to as the Fire Safety Order. This piece of legislation places a legal duty on the “responsible person” to ensure fire safety precautions are in place and maintained. But who is this “responsible person” in the context of a commercial lease?
Understanding the “Responsible Person”
The responsible person, according to Article 3 of the Fire Safety Order, is defined as anyone who has control of the premises. This may include the employer, the owner, the landlord, the tenant, or a managing agent—depending on the situation. The responsible person must take general fire precautions to ensure the safety of employees and anyone else who may lawfully be on the premises.
These legal duties include conducting a suitable and sufficient fire risk assessment (Article 9), identifying fire hazards and those at risk, implementing necessary safety measures, maintaining emergency routes and exits (Article 14), and ensuring that fire safety equipment is inspected and maintained (Article 17).
Tenant Responsibilities
In most commercial leases, the tenant is considered the responsible person for the areas they occupy. If you are operating a business from a leased unit, it is very likely that you are legally responsible for conducting a fire risk assessment, maintaining fire extinguishers, ensuring safe access and egress from your space, and training staff in fire procedures.
This is particularly the case when the tenant has exclusive control of their unit or occupies the entire premises. Lease agreements often reinforce this by including clauses that transfer fire safety duties to the tenant for the internal areas they control.
Landlord Responsibilities
The landlord is typically responsible for shared or communal areas of the building such as stairwells, corridors, lobbies, lifts, and fire alarm systems serving multiple tenants. The landlord may also retain responsibility for structural fire precautions such as fire doors, compartmentation, and the overall fire strategy of the building.
In cases where the property is unoccupied, or if the lease has expired or been forfeited, the landlord automatically becomes the responsible person again. Landlords must also ensure that the building’s fire precautions are maintained between tenancies, as failure to do so may breach their duty under the Fire Safety Order.
Can Fire Safety Responsibilities Be Shared?
Yes. In many commercial lease agreements, responsibilities are split or shared between landlord and tenant. For example, the tenant may be responsible for internal fire safety measures within their demise, while the landlord manages the fire alarm system and emergency lighting in common parts.
However, this division must be clearly stated in the lease. Article 22 of the Fire Safety Order makes it clear that where two or more responsible persons share duties, they must cooperate and coordinate their fire safety efforts. Failure to do so can result in both parties being held liable.
What Happens If You Don’t Comply?
Breaching the Fire Safety Order can result in enforcement notices, prohibition notices, fines, or even imprisonment in serious cases. Businesses that fail to undertake fire risk assessments or allow escape routes to become blocked have faced prosecutions, often with reputational damage and financial loss.
It’s not worth the risk. Every party with fire safety responsibilities—whether landlord, tenant, or managing agent—must take their duties seriously, not only to comply with the law but to ensure the safety of occupants and visitors.
Final Thoughts
Fire safety isn’t just a box-ticking exercise; it’s a legal and moral obligation. The bottom line is this: the person who controls the premises is the person who holds responsibility for fire safety. For tenants, that means reading your lease carefully and understanding your obligations. For landlords, it means ensuring communal systems are maintained and that responsibilities are clearly defined in lease documentation.
🔍 Need Help Understanding Fire Safety Responsibilities in Your Lease?
If you’re unsure who is responsible for what in your commercial property—or if you need a compliant fire risk assessment, emergency lighting inspection, or fire alarm service—get in touch with our expert team today. We help landlords and tenants across the UK stay safe, compliant, and confident in their fire safety obligations.
📞 Call Sanjay now on 01748 811992 or email him on hello@firesafetycompany.com to book your free consultation. Your compliance is our commitment.
