The DIY Fire Risk Assessment False Economy

A Fire Risk Assessment can look straightforward right? Just download a template, walk through the property, tick the boxes and that's a job done until next year. That may be enough for a simple, low-risk building in the hands of someone who genuinely understands fire safety. However, for many HMOs, it is not. A proper Fire Risk Assessment does more than confirm that smoke alarms and fire doors are present. It considers how a fire could start, how smoke might spread, who could be at risk, whether escape routes are suitable and whether the property’s fire precautions still match its layout and occupation.

That calls for judgement and experience, not just paperwork.

Can a landlord complete their own FRA?

In some circumstances, yes. Article 9 of the Regulatory Reform (Fire Safety) Order 2005 requires the responsible person to carry out a “suitable and sufficient” assessment of the risks to relevant people. The law does not automatically require an outside assessor in every case. The real issue here is competence.

A landlord may know the property inside out and still lack the technical knowledge needed to assess:

• fire-resisting construction;
• protected escape routes;
• f ire-door performance;
• smoke control;
• alarm grades and categories;
• emergency lighting;
• travel distances;
• vulnerable occupants; and
• whether the management arrangements work in practice.

Knowledge of the property is not the same as fire-risk competence. This key difference is important particularly in HMOs where several unrelated people may be sleeping behind locked bedroom doors, often with little knowledge of the building or one another.

The danger of marking your own homework

Familiarity can be useful, but it also creates blind spots and complacence.

A door that has never closed properly starts to look normal. A tenant adds an extra lock without your permission but it's a battle you don't want to have. Furniture gradually appears in the hallway. An air fryer appears out of nowhere. A strange extension lead goes out a window to charge an EV or electric scooter. The Occupancy changes. Someone moves in with limited mobility or hearing difficulties. None of those changes may feel dramatic on their own, but together, they can alter the fire risk significantly.

An independent assessor brings a fresh set of eyes and are more likely to question whether:

• fire doors close fully and contain smoke;
• bedroom and final-exit locks can be opened without a key;
• the alarm system remains suitable for the building;
• escape routes are protected and unobstructed;
• emergency lighting is adequate;
• alterations have weakened fire separation;
• residents’ needs have changed; and
• earlier recommendations were actually completed.

That independent challenge is often the most valuable part of the exercise and a small price worth paying for.

Why a DIY FRA can become a false economy

The saving is obvious: no assessor’s fee, but the hidden cost only appears when something has been missed.

A minor defect left unnoticed can become urgent work later and a weak assessment may unravel during a council inspection. The financial risk is only one side of it. Under the Fire Safety Order, failures can lead to enforcement notices, restrictions on use and prosecution. The consequences become more serious where people are placed at risk of death or serious injury.

In Birmingham, the Council’s Category A2 HMO licence conditions require the licence holder to carry out a Fire Risk Assessment that identifies hazards, reduces risk and determines the physical precautions and management arrangements needed. The Council may ask to see it. The same licence conditions require fire-alarm and emergency-lighting reports to be issued by suitably qualified people and to the relevant British Standards. That does not mean an FRA must always be outsourced, but it shows the level of scrutiny expected around fire safety.

Saving a modest fee at the assessment stage can prove very expensive if the document does not stand up to inspection.

The truth is, how many landlords have an active CPD to ensure their understanding around fire risk and fire regulations remain up to date?

An FRA is not a one-off certificate

Fire Risk Assessments must be kept up to date and Article 9 of the Fire Safety Order requires regular review, especially where there is reason to think the assessment is no longer valid or where there has been a significant change.

An annual review is widely treated as good practice for smaller and simpler premises. More complex HMOs may need closer attention.

A review should be brought forward where there has been:

• building or renovation work;
• a change in layout;
• a change in occupancy;
• a new kitchen or kitchenette;
• alterations to doors, alarms or emergency lighting;
• a fire or near miss;
• a new resident with mobility, hearing or other support needs; or
• evidence that residents are not following the intended fire-safety arrangements.

A review does not always mean starting again. It does mean checking the property properly, confirming that previous actions were completed and making sure the assessment still reflects the real risk. Remember, changing the date on last year’s document is not an annual review.

Choosing the right assessor

Not everyone offering Fire Risk Assessments will have the same level of training or practical experience. For an HMO, the assessor should understand residential fire safety and the particular risks found in buildings where people sleep.

Before appointing anyone, it is sensible to check:

• their professional qualifications or independent certification;
• their experience with HMOs of a similar size, layout and occupation;
• whether they hold professional indemnity and public liability insurance;
• the scope of the inspection;
• whether bedrooms will be inspected where relevant;
• how risks and remedial actions will be prioritised;
• whether the report will include photographs; and
• whether the assessor will explain their findings and answer questions afterwards.

The cheapest report is not always good value. Equally, the longest report is not necessarily the best. A useful FRA should be clear, proportionate and specific to the property, with practical recommendations that can be understood and acted upon.

Sentinel currently uses AKS Fire Safety as our primary independent assessor. AKS advises that its two partners have around 60 years of combined practical fire-safety experience and we have found their reports to be common sense led and detailed. We mention this for transparency, not as a formal recommendation. AKS is not affiliated with Sentinel, and landlords remain free to appoint any other suitably competent and qualified assessor.

Sentinel’s position

Some landlords have historically prepared their own FRA and carried out annual reviews using a template. We understand the reasons for this are partly due to costs rising across the sector, and some properties appear relatively straightforward.

Our strong recommendation remains that the initial FRA and each annual review are completed by an independent, competent and appropriately qualified person with relevant residential and HMO experience. A fresh pair of eyes can challenge assumptions, identify changes which have become familiar over time and give everyone greater confidence that the assessment properly reflects the property.

For every HMO managed by Sentinel, the landlord will remain the principal Responsible Person under our management arrangements. This is because the landlord owns and lets the property as part of their property business and retains ultimate control over the building, licensing, expenditure, approval of fire-safety works and the appointment of contractors.

Article 3(b) of the Regulatory Reform (Fire Safety) Order 2005 defines the Responsible Person for non-workplace premises as the person who controls the premises in connection with a trade, business or other undertaking, or the owner where no such business controller exists. The Order applies to the common parts, structure and external walls of HMOs.

Appointing Sentinel to manage the property does not transfer the landlord’s underlying legal responsibility. The Home Office makes clear that the identity of the Responsible Person is “a matter of law and not a role that can be chosen” by the parties. The landlord must therefore remain actively involved, approve necessary work promptly and ensure that recommendations arising from the FRA are acted upon.

Sentinel may also have legal duties in its own right. Article 5(3) and 5(4) of the Fire Safety Order extend relevant duties to anyone who has control over the premises, or contractual responsibility for maintenance, repair or safety, but only to the extent of that control. The Home Office specifically identifies managing agents as potential dutyholders where their contract includes responsibility for arranging maintenance or fire-safety work.

This means fire safety is a shared working responsibility, even though the landlord remains the principal Responsible Person under our arrangement. Sentinel will manage inspections, records, communication and agreed works within the scope of our authority. The landlord retains responsibility for ownership decisions, funding, approvals and ensuring that the property remains compliant.

Sentinel will not onboard an HMO unless the landlord agrees to instruct an independent FRA.

Where an existing landlord decides to carry out an annual review personally, despite our recommendation, we will ask them to sign a written acknowledgement confirming that:

• Sentinel has recommended an independent, competent assessor;
• the landlord understands that any self-completed review must still be suitable, sufficient and based on genuine competence;
• the landlord remains responsible for keeping the FRA current and completing the actions identified; and
• the decision to undertake the review personally has been made by the landlord after considering our advice.

Finally, fire risk assessments and their reviews are not simply compliance documents to file away. They are a practical safeguard for tenants, the property and everyone involved in its management. A well-prepared, properly reviewed FRA can identify small issues before they become serious ones, and it gives the landlord a clear record that fire safety has been considered properly. This is one area where caution, independence and professional judgement are worth the cost. Fire safety is too important to leave to assumptions, hope and small cost savings.

Quoc and Tu

Sentinel - "Doing things right"

Disclaimer: This newsletter is for general information only and does not constitute legal, financial or other professional advice. No representation or warranty is given as to its accuracy or completeness and, to the fullest extent permitted by law, Sentinel accepts no liability for any loss arising from reliance on it, including any errors or omissions. Fire-safety duties depend on the property, its occupation, licence conditions and management arrangements. Property-specific advice should be obtained from a competent fire-risk professional.