Do I Legally Need a Fire Risk Assessment?

Short answer: yes.

If you run, manage, or own any kind of non-domestic premises in Scotland — a shop, an office, a warehouse, a serviced flat, a hotel, a hairdresser's, anything — you are legally required to have a Fire Risk Assessment in place. Not "recommended." Not "good practice." Required.

Most people find this out the hard way: either the fire service turns up and asks to see it, or something goes wrong and there's nothing on file. By then it's too late to do anything about it.

Where does this law actually come from?

Back in October 2006, the Fire (Scotland) Act 2005 and the Regulatory Reform (Fire Safety) Order 2005 replaced over 100 separate pieces of fire safety legislation with two clear pieces of law. Nobody sent out a memo about it — which is probably why so many business owners still don't know it exists.

What it boils down to: if you're responsible for a commercial premises, the responsibility for fire safety sits with you. Not the landlord by default. Not the council. You — as the employer, manager, or owner.

What a Fire Risk Assessment actually covers

A proper assessment identifies:

• The fire hazards specific to your premises
• Who's at risk — staff, customers, contractors, anyone who might be on site
• What you need to do to reduce those risks
• What needs reviewed and how often

It's not a tick-box exercise, even though plenty of cut-price providers treat it like one. A good assessment reflects how your building is actually used, not a generic template with your address stuck on the front.

Who needs one?

If you're asking the question, you almost certainly need one. That includes:

• Retail and office premises
• Serviced accommodation and short-term lets
• Hotels and hospitality venues
• Warehouses and industrial units
• HMOs and multi-let residential-commercial buildings
• Any premises where members of the public or employees are present

What happens if you don't have one

No assessment on file means no legal defence if the fire service investigates or if an incident happens. That can mean enforcement notices, prohibition notices stopping you trading, or in serious cases, prosecution. We'll cover exactly what that process looks like in our next post.

Getting started

If you don't know when your last assessment was carried out — or whether one has ever been done — that's worth sorting this week, not after an incident forces the issue.

Fire Check Scotland carries out Fire Risk Assessments across Scotland, England, and Wales. Get in touch to book yours in.