Fire safety is not just a legal box to tick, it is a fundamental part of protecting lives, property, and your business’s future. Many commercial tenants remain unaware of their obligations under the Regulatory Reform (Fire Safety) Order 2005, commonly known as the Fire Safety Order. Ignoring it is not only risky, it can be catastrophic.

What Is the Fire Safety Order?

The Fire Safety Order 2005 places a legal duty on the Responsible Person to ensure that adequate fire safety measures are in place for any non domestic premises. This includes:

Offices and shops
Warehouses and factories
Schools and hospitals
Common areas of multi occupied buildings

In most cases, especially in leased commercial premises, the tenant is considered the Responsible Person, not the landlord.

What Does the Responsible Person Have to Do?

Under the Fire Safety Order, the Responsible Person must:

Carry out a fire risk assessment
Identify fire hazards and people at risk
Put appropriate fire safety measures in place, including alarms, extinguishers, signage, and emergency lighting
Maintain those measures and review them regularly
Ensure staff are trained on fire procedures and evacuation plans

If you rent a commercial unit, it is likely that you are legally responsible for all fire safety within your space, including fitting and maintaining emergency lighting.

What Happens If You Ignore It?

Fines and legal action Businesses found in breach can face unlimited fines and prosecution. In severe cases, company directors or responsible persons can receive prison sentences.
Invalidated insurance Non compliance can void your commercial insurance, leaving you unprotected in the event of a fire.
Closure notices Fire authorities can shut down businesses until safety issues are resolved, causing major disruption and loss of income.
Reputational damage Fire incidents caused or worsened by inadequate safety measures can lead to permanent damage to your brand and credibility.
Risk to life The greatest risk is loss of life. Fire safety failures put employees, customers, and visitors in immediate danger, with devastating consequences.

Who Is Responsible, Tenant or Landlord?

This is a common point of confusion. The general rule is:

Landlords are responsible for common areas, for example shared lobbies and stairwells
Tenants are responsible for their own premises, including fire alarms, extinguishers, and emergency lighting

Your lease will usually confirm this. Most UK commercial leases are FRI, Full Repairing and Insuring, which means the tenant takes on internal compliance responsibilities.

What Should You Do?

Review your lease, clarify your responsibilities
Conduct a fire risk assessment, and keep it updated
Install and maintain fire safety equipment, including emergency lighting
Train your staff, everyone should know what to do in an emergency
Work with professionals, get expert help to ensure compliance

Fire Safety Responsibilities at a Glance

Use this table to confirm who does what in a typical UK commercial lease. Always check your lease for exceptions.

Area or action	Tenant	Landlord	Notes
Fire risk assessment for demised area	Primary responsibility	Advisory if required	Usually on FRI leases; share copies on request
Emergency lighting inside unit	Install, test, maintain	Not usually	Landlord covers common parts
Fire alarm, sounders, call points inside unit	Maintain and test	Core or landlord system if shared	Clarify interface with base build system
Portable extinguishers	Provide, service, train staff	Provide in common parts if applicable	Annual service by competent person
Fire doors and escape routes	Keep clear; report defects	Maintain in common parts	Do not wedge doors; signage in place
Staff training and drills	Induct, brief, drill	Co ordinate building wide drills	Keep attendance and actions
Record keeping	Logbook for tests, services, training	Retain landlord records	Insurers may request evidence after incidents

Emergency Lighting Test Schedule

Typical UK practice; align with your risk assessment, manufacturer guidance, and lease terms.

Task	Frequency	Who	Record in logbook
Functional flick test, all fittings operate	Monthly	Competent person on site	Date, initials, defects found and fixed
Full duration test, battery autonomy held	Annually, often 3 hour test	Qualified contractor	Certificate, remedial actions, retest date
Lens cleaning and signage visibility	Quarterly	Facilities or contractor	Area, action, by whom
Escape route audit, obstructions removed	Monthly	Responsible person or deputy	Photos optional, actions logged
Asset register update, replacements recorded	Ongoing, review annually	Facilities or contractor	Model, location, date fitted, warranty

Non Compliance, What It Can Cost

Issue	Potential outcome	Impact on business
No fire risk assessment	Enforcement notice, prosecution	Fines, closure until compliant
Emergency lighting not tested	Insurance challenge after incident	Claims refused, reputational damage
Blocked escape routes	Immediate prohibition notice	Operations halted, revenue loss
No staff training or drills	Higher injury risk during evacuation	Legal exposure, brand damage
Poor record keeping	Cannot evidence compliance	Insurer queries, longer investigations

The Fire Safety Order 2005

The Fire Safety Order 2005 is not optional, it is a legal obligation that protects lives and livelihoods. If you are unsure about your responsibilities, take action now. Waiting until something goes wrong could cost you everything.

Need support with emergency lighting compliance in your commercial premises? Get in touch with our team, we are here to help.