Why stronger enforcement, higher penalties and closer scrutiny are changing how fire safety duties must be managed

Fire and rescue services across England are making greater use of their enforcement powers under the Regulatory Reform (Fire Safety) Order 2005. The trend is visible in the National Enforcement Register, in the frequency of prohibition notices, and in the scale of fines being imposed by the courts. For responsible persons – whether employers, building owners, landlords, or managing agents – the message is that inadequate fire safety management is being treated as a regulatory matter, not an advisory one.

The enforcement framework

Fire safety inspectors have a graduated set of powers. An informal notification identifies deficiencies and gives the responsible person an opportunity to remedy them. An enforcement notice sets a formal timescale for specific improvements, typically 28 days, and failure to comply can lead to prosecution. A prohibition notice restricts or stops use of the premises where there is an immediate risk of serious personal injury, and it takes effect immediately with no right of appeal before it applies.

Beyond notices, prosecution is available for serious breaches. The penalties are substantial: on conviction on indictment, the courts can impose unlimited fines and custodial sentences of up to two years. Individual responsible persons can be prosecuted personally, not just the organisation they represent.

Why enforcement is increasing

Three legislative changes over the past four years have broadened the scope and sharpened the tools available to fire authorities. The Fire Safety Act 2021 closed a longstanding loophole in the Fire Safety Order by confirming that external walls and flat entrance doors in multi-occupied residential buildings fall within scope. The Fire Safety (England) Regulations 2022 introduced specific requirements for information sharing, wayfinding signage, and fire door inspections in higher-risk residential buildings. Section 156 of the Building Safety Act 2022, which came into force in October 2023, made further amendments to the Fire Safety Order itself.

Taken together, these changes have expanded what fire authorities can inspect and enforce against, while also raising the compliance bar for responsible persons. A fire risk assessment that was adequate in 2020 may no longer cover the current regulatory requirements, and that gap is precisely what enforcement inspections are designed to identify.

Common enforcement triggers

Prosecution cases and enforcement notices published by fire services follow consistent patterns. Blocked or locked fire exits remain the single most common finding. Inadequate or absent fire risk assessments are a close second, followed by failure to maintain fire detection and alarm systems, missing or defective emergency lighting, fire doors propped open or in poor condition, and absence of documented evacuation procedures.

None of these are obscure technical failures. They are the fundamentals of fire safety management, and the courts have consistently taken the view that a responsible person who fails to address them has not taken reasonable steps to discharge their obligations.

The personal liability dimension

The Fire Safety Order places obligations on the responsible person as an individual, not only on the organisation. Where a company is prosecuted, directors and senior managers can face personal prosecution if the offence was committed with their consent or connivance, or was attributable to their neglect. The practical consequence is that fire safety compliance is a board-level responsibility, not something that can be delegated and forgotten.

For multi-tenanted buildings, the position can be more complex. Multiple responsible persons may have overlapping duties, and the Fire Safety Order requires them to cooperate and coordinate. Failure to establish clear allocation of responsibilities is itself a compliance risk, because in the event of an incident, each party will be assessed against what they ought reasonably to have done.

What responsible persons should be doing

The starting point is a current, suitable, and sufficient fire risk assessment, carried out or reviewed by a competent person. “Current” means it reflects the building as it is today, not as it was when the assessment was last written. Any change to the building’s use, layout, occupancy, or fire systems should trigger a review.

Fire detection and alarm systems need to be maintained under a service contract with documented evidence of routine testing, annual servicing, and timely fault rectification. Emergency lighting, fire extinguishers, and fire doors all require documented inspection and maintenance at the frequencies specified in the relevant British Standards.

Documentation matters. In an enforcement context, the question is not just whether the work was done, but whether you can demonstrate that it was done. A well-maintained logbook and a clear paper trail are the responsible person’s primary defence.

New Path group companies provide fire alarm maintenance, fire detection, emergency lighting, fire extinguisher servicing, and fire risk assessment services across Southern England. To review your compliance position, visit newpathfire.co.uk or contact your local group company directly.

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