Fire safety risk assessment

This fire safety risk assessment forms a vital part of your health and safety compliance if you have any kind of business premises. It is important to take fire safety seriously and carry out regular risk assessments at your business premises focusing on it. This fire safety risk assessment template makes compliance easy. It covers the most common fire safety hazards that you might find in your business premises. It includes suggested actions that you can take to help reduce the risks that those hazards pose or even remove them altogether. Every workplace is different, so this fire safety risk assessment also contains space for you to fill in any fire hazards specific to your type of business premises or systems of work.
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Investigations and prosecutions
Consequences of health and safety failures
Q1:What can happen if I break health and safety laws?

of health and safety law can have serious consequences for you and your business. The can inspect and/or investigate your workplace to check whether you have complied with health and safety law (see Q&A 3 and following) and, if they think you have broken the law, they can:

  1. give you a contravention notice and require you to pay a to cover the cost of their time (see Q&A 17 and following);

  2. give you an improvement or prohibition notice to force you to make suitable changes (these are made public, so can be damaging for your business) (see Q&A 21 and following);

  3. give you a simple caution (see Q&A 29);

  4. withdraw or modify licences, conditions, approvals or exemptions that you might need to operate your business; and/or

  5. prosecute you in court (note prosecutions can also be brought by your in some cases). If you are found guilty, penalties can include:

    1. unlimited fines (see Q&A 33);

    2. imprisonment (for very serious ); see Q&A 34;

    3. orders for compensation and/or victim surcharges (see Q&A 35 and Q&A 36);

    4. community service (see Q&A 37); and/or

    5. disqualification from being a (see Q&A 38).

If you are found to be health and safety law, your business can also suffer:

  1. damage to its reputation through negative publicity;

  2. loss of time and money when investigating and dealing with incidents;

  3. low morale and productivity and/or loss of skilled ;

  4. the expense of paying compensation to injured or sick , customers or other people who have suffered as a result of your business activities (see Q&A 68 and following).

You may also find it more difficult to sell your business or obtain investment if it has a history of health and safety or compensation claims.

Q2:What can happen if I break fire safety laws?

of fire safety laws can have serious consequences for you and your business. Local fire and rescue authorities can inspect your workplace to check whether you have complied with fire safety law (see Q&A 40 and following) and, if they think you have broken the law, they can:

  1. give you an (see Q&A 49 for further guidance);

  2. give you an (see Q&A 56 for further guidance);

  3. give you a prohibition notice (see Q&A 61 for further guidance); and/or

  4. prosecute you (see Q&A 66 for further guidance).

If you are found to be fire safety laws, your business can also suffer:

  1. damage to its reputation through negative publicity;

  2. loss of time and money when dealing with enforcement notices or prosecutions;

  3. injury or death of your in serious cases, low morale and productivity and/or loss of skilled ;

  4. the expense of paying compensation to injured , customers or other people who have suffered as a result of your business activities (see Q&A 68 and following).

You may also find it more difficult to sell your business or obtain investment if it has a history of fire safety or compensation claims.

HSE inspections and investigations
Q3:What is an HSE inspection?

One or more inspectors come to your business to check whether you have complied with health and safety law. They will check health and safety standards and procedures in your workplace, and may give you advice on how to make your workplace safer. An inspection may be carried out as part of an investigation after a specific incident, or to assess safety in a new or risky business or industry.

It is different from an investigation which involves the looking into a particular incident (see Q&A 5).

Q4:What makes the HSE decide to inspect a business?

If your business activities are low risk and you do not have a serious incident, you are unlikely to get a visit from the . They concentrate their work on inspecting:

  1. industries or businesses where health and safety performance is often poor (for example, builders );

  2. hazardous industries (such as those involving chemicals); and

  3. businesses where there have been specific incidents or complaints (usually involving deaths or major injuries, or those that link to any national health and safety priority that the is focusing on). See Q&A 6 for the types of accidents or incidents that will investigate.

and/or may also carry out visits to:

  1. randomly spot check health and safety compliance;

  2. notify businesses of new developments or carry out training;

  3. assess the risks in a new business or premises; and/or

  4. target certain sectors to concentrate on specific priorities (such as repetitive strain injury).

Q5:What is an HSE investigation?

An investigation usually arises as a result of a serious accident or incident (see Q&A 6 and following for guidance on the types of accidents or incidents the investigates). During an investigation, the gathers evidence around an incident, finds why it occurred and how it can be prevented in future, identifies any of the law, and takes appropriate enforcement action to set things right.

Investigating serious incidents helps to determine what went wrong and minimise the risk of a similar incident happening again. Investigations can result in penalties for businesses, which act as a deterrent to other businesses, reduce the risk of a similar incident happening again, and may provide compensation to victims.

Q6:What types of accidents or incidents does HSE investigate?

The cannot investigate every accident, illness or incident that is reported. It focuses on those that cause deaths and serious injury. See Reporting accidents, illnesses and near misses for your obligation to tell the about serious incidents in your business.

will usually investigate:

  1. work-related deaths (whether of or not);

  2. work-related accidents which result in serious injury (eg serious multiple fractures, damage to internal organs, serious burns etc);

  3. serious occupational diseases, eg tendonitis or carpal tunnel syndrome, occupational dermatitis or cancer caused by exposure to carcinogens at work;

  4. incidents which suggest there has likely been a serious of health and safety law; and

  5. major hazard precursor events (for example, incidents that indicate you are not properly controlling major hazards).

Q7:Can HSE inspectors turn up unexpectedly?

Yes. inspectors are allowed to enter your premises at any reasonable time (or at any time if the situation is dangerous) for the purpose of carrying out their duties under health and safety law. They do not always tell people they are coming as they may want to inspect how your business usually operates rather than allowing you time to prepare especially. You can complain to the inspector's manager, the Chief Executive or the Parliamentary and Health Service Ombudsman, if you believe:

  1. it would have been appropriate and practicable for the to give you notice of their inspection;

  2. giving you notice would not have frustrated the purpose of the inspection; and

  3. the inspection visit was not in the immediate aftermath of an accident, incident or emergency.

Q8:Can I refuse to let HSE inspectors onto my business premises?

No. inspectors are legally allowed to enter your premises at any reasonable time (or any time at all if the situation is dangerous) to carry out their duties under health and safety law.

inspectors should make reasonable efforts to get your agreement before they enter your premises (unless this would frustrate the purpose of their visit, eg if it is important for it to be a surprise). However, they do not need your consent to come in, so long as they have a legitimate reason to inspect you. If they suspect that you will be difficult about letting them in or carrying out their inspection, they may bring a police with them.

Note that you can ask to see inspectors' identification, which they must have on them.

Q9:Can HSE inspectors go into home workers' homes?

Yes. inspectors are permitted to enter private homes of your homeworkers at any reasonable time (or any time at all if the situation is dangerous) for the purpose of carrying out their duties under health and safety law. However, inspectors should only do so where it is necessary and proportionate, and should make reasonable efforts to get consent from the person before entering.

Q10:Can HSE inspectors close down my workplace while they investigate?

Yes, if they need to in order to carry out their investigation properly. If there has been an incident, it may be important that the scene is not disturbed so that evidence can be gathered, or it may be that the inspector needs to test machinery which cannot be done if it is in use.

It is a criminal offence to ignore an inspector's demand that you leave an area untouched so they can investigate.

Q11:Can HSE inspectors insist on interviewing my employees?

Yes, if they have reason to believe that someone can help them with their investigation, inspectors can interview who they want. They do not have to allow you (or anyone else from the business) to be present for any interviews.

Stopping an inspector from doing their job (eg by trying to limit their access to any people they want to interview) is a criminal offence.

Q12:What are HSE inspectors allowed to do during an inspection or investigation?

inspectors have wide-ranging powers under health and safety law. During an inspection or investigation, these powers include:

  1. entering your premises at any reasonable time (or any time at all if they think people could be in danger);

  2. examining and investigating your premises and equipment;

  3. insisting any part of your premises is left undisturbed whilst they are investigating;

  4. taking measurements, photographs and recordings;

  5. taking samples of anything at your premises and/or dismantling or testing anything they think may be dangerous, as well as keeping such items as evidence;

  6. asking people at your workplace questions about health and safety there (you may or may not be allowed to be present at interviews with your or other people);

  7. looking at or taking copies of relevant records and other documents; and/or

  8. requiring assistance from your or other people to carry out their investigation.

Note that the cannot conduct a general search and seizure at your premises. If, unusually, wants to conduct a search, they will need your consent in writing and they will need to inform you that anything they seize can be taken in evidence.

Q13:What should I do if the HSE is investigating my workplace?

It is a criminal offence to try to stop an investigator from carrying out their duties under health and safety law. It is usually a good idea to ask to see the inspectors' identification, and make sure you record the names of the inspector(s) present.

You should seriously consider getting a lawyer to help you if the is investigating your workplace. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

In general, if an inspector is investigating your workplace, you will need to:

  1. Give access to your paperwork

    You must allow the inspector to inspect any relevant paperwork and take copies. This may include printing documents off your computer. An inspector can only actually seize your computer where necessary, justified and proportionate. The inspector cannot keep original documents unless it is necessary for them to carry out their duties (rarely the case). You might not have to give up some documents if they relate to legal action (see Q&A 15 for further guidance on when you might be allowed to keep internal documents confidential). Engaging a lawyer early can help you to identify and protect such documents.

  2. Give access to your people

    You must allow the inspector to interview and others on site and/or take statements without your interference or influence.

  3. Give a statement

    You should usually provide a voluntary statement if asked (if you decline, it is likely you will be required to provide a compulsory statement). You are allowed to have a lawyer present while you make your statement, and it is sensible to do so. It is a criminal offence to make a false statement.

  4. Allow investigators to do their work

    You must comply with any requests for premises to be left undisturbed, and allow inspectors to take photographs, recordings and samples (among other things). See Q&A 12 for a list of what inspectors are allowed to do during an investigation.

The may invite you to attend an interview under caution if they need further information from you before deciding whether to prosecute. See Q&A 14 for further guidance on interviews under caution. If the believe they have enough evidence without inviting you to an interview under caution, they may write to you and give you an opportunity to respond. It is recommended that you engage a lawyer before attending an interview under caution or making any statements to . For access to a specialist lawyer in a few simple steps , you can use our Ask a Lawyer service.

Q14:What is an interview under caution and do I have to attend?

The may invite you to attend an interview under caution if they think you may have broken health and safety law and they need further information from you. They will caution (advise) you before the interview that anything you say in the interview may be given as evidence, and that you do not have to say anything (but if you do not mention something you later rely on, this may harm your case). You can decline to attend an interview under caution, and it is recommended that you get a lawyer before agreeing (or refusing) to attend an interview under caution. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q15:Do I have to give the HSE the results of internal investigations or internal safety reports?

Your internal investigation documents can be kept confidential in some circumstances, including if the main purpose is to get legal advice.

For example, if you have prepared an internal investigation in order to decide whether to defend your business in court, it can be protected, meaning that you do not have to disclose it. However, if you simply prepared a report because there was an accident at your workplace, this is unlikely to be protected and you will probably have to show it to the if they send an inspector.

It can be tricky to tell whether a document can legally be kept confidential, so if you are in doubt as to whether you are required to (or want to) disclose anything to the , contact your insurer and a lawyer immediately. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Consequences of HSE investigations
Q16:What can the HSE do if it finds a breach of health and safety law?

There are a number of different actions the can take if it believes you have health and safety law. They include:

  1. giving you advice and guidance on how to better comply with health and safety law;

  2. giving a simple caution (this is quite rare) (see Q&A 29 for further guidance);

  3. giving you a and charging you a (see Q&A 17 and following);

  4. giving you an improvement or prohibition notice (see Q&A 21 and following);

  5. prosecuting you for health and safety law (see Q&A 30 and following for further guidance);

  6. varying licences, conditions or exemptions your business has, or withdrawing approvals that you need to run your business.

Inspectors decide what enforcement action to take on a case by case basis. The will also follow up with you after any enforcement action, to check that you have done what has been asked.

Q17:What is a notice of contravention (NoC)?

A is a letter from the telling you that you have broken health and safety laws, and explaining what you need to do to remedy the situation. The inspector will only give you a if they think the matter is serious enough to merit it. If you are sent a , you will have to pay a to reimburse the for the cost of their visit. See Q&A 18 and following for information about fees for intervention.

Q18:What is a fee for intervention (FFI)?

In some circumstances, the can make you pay for the time and expense involved in them enforcing health and safety law at your business, called a or .

The can charge an if they find a sufficiently serious of health and safety law. They will give you a written explanation of what laws they say you have broken and why, and explaining that you have to pay for the inspector's time. The written explanation is called a ().

You do not have to pay the if an inspector finds you have not broken the law, or if any failings are minor.

Q19:How much is a fee for intervention (FFI)?

The is currently £183 an hour. The total fee is based on the number of hours it takes the inspector to find the health and safety and help you put things right. It will include the time of the inspector's original visit, and can cover time spent investigating and talking to you and your , preparing reports and getting specialist advice. It may also include time spent helping you remedy the and/or time spent on taking action against you.

The invoice for an is payable within 30 days of the invoice unless you disagree with it. See Q&A 20 for guidance on what to do if you disagree with an .

Q20:What should I do if I disagree with an invoice for a fee for intervention (FFI)?

If you disagree with any aspect of your invoice for a , you can query it with the invoice dispute team by email at feeforintervention@.gov., or by phone at 0300 0033 190. It is free to do this.

If you do not agree with the dispute team's response, you can dispute the invoice formally in writing. It is only free to do this if your complaint is upheld. You must do this within 21 days of receiving the initial response, including the following information in your complaint:

  1. invoice number;

  2. customer reference;

  3. your name and that of your business;

  4. why you dispute the invoice; and

  5. whether you dispute the whole invoice or only part of it (if you are only disputing part of an invoice, you must still pay the undisputed part within 30 days of receiving it).

An independent disputes panel will make a decision and inform you in writing whether the invoice is payable. If the panel does not agree with you, you will have to pay the costs of the panel considering your dispute, as well as the invoice that they have upheld.

Q21:What is an improvement notice?

If an inspector believes you are breaking health and safety laws, or have broken them in the past and are likely to do it again, they can send you an improvement notice. This is a written explanation of which health and safety laws the inspector believes you are breaking, why they believe it, what you have to do to fix the matter and how long they are giving you to do so. They must give you at least 21 days from the date they the notice on you.

Q22:What should I do if I receive an improvement notice?

If you receive an improvement notice, your options are to:

  1. do what it says by the deadline given in the notice (if you are not sure what you are required to do, get in touch with the inspector for further guidance);

  2. ask the inspector for an extension to the deadline, giving reasons for why you need longer;

  3. ask for the improvement notice to be withdrawn if you do not believe it should have been issued (you will need to explain your reasons and provide the inspector with any further information they might need to make the decision); or

  4. appeal the improvement notice at the (see Q&A 23 for guidance on how to do this).

Whichever you choose, you must decide on your response promptly. It is a criminal offence to fail to comply with an improvement notice and you can face fines and/or imprisonment. If you are not sure how to proceed, you may wish to engage a lawyer to advise you. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q23:How can I appeal an improvement notice?

When you receive an improvement notice, it should include information about how to appeal. You may want to appeal if:

  1. the improvement notice is unclear about what is wrong, why it is wrong, and/or what actions you are required to take;

  2. you disagree that you are breaking the law, or that the matter warranted the issuing of an improvement notice; and/or

  3. the inspector did not complete a thorough inspection before issuing the notice.

You can appeal an improvement notice by sending in a claim to the . You do not have to comply with the notice whilst you are waiting for your appeal to be dealt with. You can use Form ET1to make your appeal, which must be submitted within 21 days of you receiving the improvement notice. You may wish to get a lawyer to help you with your appeal, including advising you on what new evidence you are allowed to provide. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

If the agrees with your appeal, it can modify or cancel the improvement notice. If it decides against you, a new deadline will be given for you to comply with the improvement notice. You may also have to pay costs to the if your appeal is unsuccessful.

Q24:Are improvement notices made public?

Yes, which can have damaging consequences for your business. Improvement notices sent to businesses and individuals are published on the Public register of enforcement noticesfor five years. This register is online and easily searchable. Improvement notices are removed from the public register after five years.

Q25:What is a prohibition notice issued by the HSE?

An inspector will issue you with a prohibition notice if they believe you are carrying on activities that will involve a risk of serious personal injury. You do not have to have broken the law for a prohibition notice to be issued. The prohibition notice will:

  1. explain the reasons the inspector believes there is a risk of serious personal injury;

  2. say whether they believe certain health and safety laws are being broken and if so, why; and

  3. (usually) demand you stop doing whatever is causing the risk of injury until the risk has been dealt with and you have stopped breaking any health and safety laws (if any were being broken) .

Q26:What should I do if I receive a prohibition notice from the HSE?

A prohibition notice will say whether you are required to stop the dangerous activity immediately, or whether stopping the action should be deferred (deferral is much less common, but can be appropriate if stopping the activity immediately might lead to further risks).

You must do what the prohibition notice demands. Failure to do so is a criminal offence and you can faces fines and/or imprisonment.

You can appeal a prohibition notice, but this does not suspend the notice so you must still comply with it while the appeals process is underway. You can ask the Tribunal dealing with your appeal to suspend the notice until your appeal is dealt with if you wish.

If you are not sure whether to appeal a prohibition notice, you may wish to engage a lawyer to give you further advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q27:How can I appeal a prohibition notice from the HSE?

Your prohibition notice should include information from the about how to appeal. You can appeal an improvement notice by sending a to the , who will suspend the notice until the appeal is dealt with. You can use Form ET1to submit your appeal, which must be submitted within 21 days of you receiving the improvement notice.

An appeal does not suspend a prohibition notice, so you must still do what the notice says while the appeals process is underway. You can ask the Tribunal to suspend the notice until your appeal is dealt with.

If you want to appeal a prohibition notice, you may wish to engage a lawyer to give you further advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q28:Are prohibition notices from the HSE made public?

Yes, which can have damaging consequences for your business. Prohibition notices sent to businesses and individuals are published on the Public register of enforcement noticesfor five years. This register is online and easily searchable. Prohibition notices are removed from the public register after five years.

Q29:What is a simple caution?

A simple caution is a formal warning issued by the . It is very rarely used. They are issued if a person has broken health and safety laws, but it is not in the public interest to prosecute them. For example, where a court appearance would be likely to have a serious adverse effect on a victim's health, or the accused is elderly or was mentally or physically unwell at the time of the offence. Note that even if these kinds of factors are present, a serious case can still be prosecuted. If you are offered a simple caution, the should explain the consequences of it to you and give you the opportunity to seek legal advice. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Being prosecuted for a health and safety breach
Q30:When does the HSE decide to prosecute?

The can prosecute both you and your business. The will prosecute if they believe there is enough evidence to convict, and that prosecution is in the public interest.

The 's own guidance says it will usually prosecute when:

  1. a death was the result of a of health and safety law;

  2. the seriousness of an offence, together with any harm or potential harm, or a history of offending justifies it;

  3. there has been reckless disregard for health and safety, repeated health and safety , or persistent and significant poor performance;

  4. there has been failure to comply with improvement or prohibition notices;

  5. false information has been supplied, or there was an effort to deceive about a significant health and safety risk;

  6. work has been done without a licence;

  7. there has been an effort to stop inspectors from doing their job;

  8. health and safety standards are far below what is required, meaning there are significant risks;

  9. the conviction may deter others from similar failures; and/or

  10. a has continued despite warnings from or others, and it gives rise to a significant health and safety risk.

As well as considering the above, the can prosecute individuals if they were complicit in someone else breaking health and safety laws, or where laws were broken due to their neglect

Q31:What should I do if I am being prosecuted by the HSE?

If you are facing an prosecution (or you think you may be prosecuted), it is usually best to get a lawyer promptly. They can help you to determine what documents you have to give to the , assist you with answering the 's questions, and help you to put forward your arguments in court if things get that far. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q32:What are the consequences if I am found guilty of a health and safety breach?

If you or your business are found guilty, penalties can include:

  1. unlimited fines (see Q&A 33 for further guidance);

  2. imprisonment (for very serious ); see Q&A 34 for further guidance;

  3. disqualification from being a (see Q&A 38 for further guidance) ;

  4. orders to pay compensation and/or victim surcharges (see Q&A 35 and Q&A 36 for further guidance); and

  5. community service (see Q&A 37 for further guidance).

You may also have to pay , which can be significant.

You can appeal if you disagree with the court's decision, however appeals can be costly and time consuming. You should contact a lawyer if you wish to appeal a court decision. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q33:What fines can I face for breaches of health and safety law?

If you are found guilty of health and safety (committed after 12 March 2015), you can face unlimited fines. The size of the fine is based on factors like the seriousness of the offence, the harm done to any victim (or the risk of harm), how blameworthy you are, whether you have committed recent similar , etc. Usually the size of the fine is related to the of the business, so larger businesses are likely to face larger fines. For a business with a of less than £2 million, fines can range from £50 to £450,000.

The courts can reduce your fine if you can show mitigating factors, such as a high level of co-operation with the and/or prosecutors, a previously good health and safety record, acceptance of responsibility and any voluntary action you have taken to fix the problem. The courts may also increase a fine if there is a history of repeated failings.

The and/or prosecutors will also look to recover their costs of investigation and enforcement, and the court will decide what costs you must pay. Other financial penalties include paying compensation to any victims (see Q&A 35) and/or paying victim surcharges (see Q&A 36).

Q34:Can I be imprisoned if I breach health and safety law?

Yes, for very serious . This may be instead of or as well as a fine. If you are convicted of a health and safety offence in the magistrates court, you can be sentenced to up to six months' imprisonment (12 months' imprisonment for offences committed between 2 May 2022 and 30 March 2023). If you are convicted of a health and safety offence in the Crown Court, you can receive up to two years' imprisonment.

A sentence of immediate imprisonment is much less common than a fine, generally being imposed in less than 10% of cases. Imprisonment is reserved for the most serious offences, where a fine and/or community sentence alone cannot be justified.

Q35:What is a compensation order?

If you are convicted of a health and safety offence, the court may order you to pay compensation for any personal injury, loss or damage resulting from your actions, or to make payments for funeral expenses or bereavement if someone died as a result of your health and safety . A compensation order can be made as well as a fine, or as a penalty on its own. Compensation orders are more likely where the loss is small and able to be easily calculated, and the injured person is in need of immediate financial help as a result of the offence.

Q36:What is a victim surcharge?

If a court issues a fine or other penalty for a health and safety offence, it must also order the defendant to pay a surcharge, which is used to fund services for victims and witnesses. For offences committed by after 16 June 2022, the surcharge is set at 40% of the value of the fine, but there is a £26 minimum and a £2,000 maximum. Additional surcharges are payable in connection with community orders and imprisonment, although none is larger than £228.

Q37:What is a community order?

In certain cases, the court may impose a community order as part of a sentence for a health and safety . A community order requires the person who is convicted to carry out community service activities and can include lifestyle restrictions for the offender. Community orders are not nearly as common as fines for health and safety offences, and are only imposed where the offence is serious enough to justify them.

Q38:Can I be banned from being a director for a health and safety offence?

Yes. A court can give you (also called a banning order). It means you are disqualified from acting as a or otherwise taking part in the promotion, formation or management of a for a certain period. The is likely to seek this remedy where a person is convicted of a serious health and safety offence in connection with the management of a . If the is issued by a magistrates' court, the maximum period of disqualification is five years. If the is issued by any other court, the maximum period of disqualification is 15 years.

Q39:Are HSE prosecutions made public?

Yes, prosecutions are published on their website in the public register of convictions [for one year, before being removed and placed on the publicly available conviction history registerfor a further nine years. These databases are both easily searchable.

may also decide to publicise any conviction which may help to draw attention to particular health and safety requirements, or act as a deterrent in some way.

Improvement notices and prohibition notices are also made similarly public on their own searchable online register. See Q&A 24 and Q&A 28.

Fire safety inspections
Q40:Who enforces fire safety laws and carries out inspections?

Local fire and rescue authorities are usually responsible for enforcing fire safety laws at business premises. There are some exceptions where other bodies enforce fire safety laws, for example the enforces fire safety laws on most construction sites and ships.

Local fire and rescue authorities appoint fire inspectors, or may authorise other of the fire and rescue authority, to carry out inspections of premises, issue enforcement notices, and bring prosecutions for of fire safety laws. Note that fire inspectors may have different job titles such as enforcement , fire safety inspectors, or fire safety enforcement (depending on which authority appointed them).

Q41:What makes local fire and rescue authorities decide to inspect a business?

Local fire and rescue authorities cannot inspect every business, so usually choose to inspect businesses that are have a higher fire risk and/or inspect premises based on protecting the most vulnerable. The authorities will have their own criteria for deciding where to inspect, but will usually inspect premises following a fire, after receiving a complaint about fire risk, to follow up on high risk premises that they have already seen, or in other circumstances where they believe it is necessary. For example, in some areas, some care homes are inspected each year because vulnerable people live in them.

Q42:Can fire inspectors turn up unexpectedly?

Yes, fire inspectors can turn up at any reasonable time. You can always ask a fire inspector to show you evidence of their authority to conduct the inspection.

Q43:Can fire inspectors go into home workers' homes?

No, not in connection with their employment. Fire inspectors can inspect most types of premises, but cannot go into your ' homes for anything to do with work.

Q44:What are fire inspectors allowed to do during an inspection?

Fire inspectors have wide powers to carry out inspections. During an inspection, their powers cover:

  1. entering your premises if they think it is necessary (provided they do not have to use force to get in);

  2. asking necessary questions to find out who is responsible for fire safety and check whether fire safety laws are being followed;

  3. demanding to see and take copies of any records or plans that you have to keep under fire safety law (and/or any others that are necessary for them to see to conduct their inspection);

  4. requiring you to provide any facilities and other assistance necessary to help them do the inspection;

  5. taking samples of things in the premises to test their flammability or fire resistance; and

  6. dismantling and/or testing anything which they think is likely to be dangerous (although not if it will destroy the thing, unless it is necessary in the circumstances).

Q45:Can I refuse to let a fire inspector into my premises?

No, you should not refuse entry to a fire inspector. Fire inspectors are allowed to enter your premises at any reasonable time to carry out inspections. They cannot force their way in but it is an offence, punishable by a fine, to intentionally obstruct a fire inspector from carrying out their duties. Stopping them from entering is not usually a good idea.

Q46:Do I have to give fire inspectors my internal records or reports?

Your internal records and documents can be kept confidential in some circumstances, including if the main purpose is to get legal advice.

For example, if you have prepared an internal investigation in order to decide whether to defend your business in court, it can be protected, meaning that you do not have to disclose it. However, if you have simply recorded details of fire precautions at your workplace as part of your standard , these are unlikely to be protected.

It can be difficult to tell whether a document can legally be kept confidential, so if you are in doubt as to whether you are required to (or want to) disclose anything to a fire inspector, contact your insurer and a lawyer immediately. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q47:Can fire inspectors interview my employees?

Yes, if they have reason to believe that someone can help them with their inspection, fire inspectors can ask questions of whoever they want. Obstructing a fire inspector (stopping them from being able to carry out their duties) is a criminal offence, so you should give access to your as necessary.

Consequences of breaking fire safety laws
Q48:What can fire inspectors do if they find a breach of fire safety laws?

If a fire inspector thinks you have fire safety laws, or there may be a risk of fire if any changes are made to your premises, they may:

  1. give you an (see Q&A 49 for further guidance);

  2. give you an (see Q&A 56 for further guidance);

  3. give you a prohibition notice (see Q&A 61 for further guidance); or

  4. prosecute you (see Q&A 66 for further guidance).

Q49:What is an alterations notice?

An is sent out by a fire authority to combat fire risks.

It will explain why the inspector believes there is a risk to people at your premises, or would be a risk if a change was made. It will require you to make changes to reduce the risks that have been identified as a problem, and/or to notify the local fire and rescue authority in advance of certain planned changes to your premises or how you use them. See Q&A 52 for full details.

Q50:Why might I be sent an alterations notice?

Your local fire and rescue authority can give you an if they believe:

  1. your premises are a serious risk to people (whether because of any features, how you use them, hazards present, or any other circumstances); or

  2. your premises could be a risk to people if any changes are made to them or to how you use them.

Q51:Does an alterations notice mean I have broken the law?

Not necessarily. You can get an if a fire inspector thinks that a change to your premises will result in a serious risk to people. In these circumstances, the notice means you have to notify your local fire authority before you make that particular change, not that you have done something wrong already.

Q52:What can an alterations notice require me to do?

It will depend on your circumstances and your fire authority. For example, an could say you must notify the local fire and rescue authority before making:

  1. a change to your premises or how they are used;

  2. a change to the services, fittings or equipment at your premises; or

  3. an increase in the amount of dangerous substances at your premises.

An may also say you have to:

  1. do a fire safety , record your findings and take appropriate action to make improvements to fire safety and monitor the situation going forwards (you can use Fire safety risk assessment to do this); and/or

  2. before making changes to your premises which may increase the risk of fire, send the local fire and rescue authority a copy of your , and a summary of the changes you propose to make to your existing general fire precautions.

Q53:What if I ignore an alterations notice?

It is a criminal offence not to comply with an , punishable by a fine and/or imprisonment for up to two years.

Q54:Can I appeal an alterations notice?

Yes. If you disagree with the , you have 21 days to appeal to a magistrate's court. If you appeal the notice, it is suspended (has no effect) until the appeal is dealt with or you withdraw your appeal. The court may agree with the notice, make modifications to it, or cancel it .

Q55:Are alterations notices made public?

Yes, alterations notices are published on a public register. Each fire authority has their own register which are usually available online.

An may also require you to tell anyone else who is responsible for fire safety at the premises about it.

Q56:What is a fire safety enforcement notice?

It is a written notice from your local fire and rescue authority telling you that you have broken fire safety laws and asking you to fix whatever the problem is within a specified time. It may provide you with choices of different ways to deal with the .

You will always be given at least 28 days to deal with whatever the are, longer if appropriate (eg because you need to get some work done to your premises that takes time to arrange).

Q57:What if I cannot agree on how to fix the problems in an enforcement notice?

If you accept that you have broken fire safety law, but cannot agree with your local fire and rescue authority on how to fix things, together you can ask the Secretary of State for Communities and Local Government to decide on the best solution.

Q58:What if I ignore an enforcement notice?

It is a criminal offence not to comply with an a fire safety , punishable by a fine and/or up to two years in prison.

Q59:Can I appeal an enforcement notice?

If you do not think a fire safety should have been issued, you have 21 days to appeal it to a magistrate's court. If you appeal the , it is suspended (has no effect) until the appeal is dealt with or you withdraw your appeal. The court may agree with the notice, make modifications to it, or cancel it .

Q60:Are enforcement notices made public?

Yes, local fire and rescue authorities are required to publish enforcement notices on public registers. Each authority has its own register which are usually made available online.

Q61:What is a fire safety prohibition notice?

It is a written notice from your local fire and rescue authority telling you that the risk of fire at your premises is so serious, that they are restricting the use of the premises or forbidding it altogether.

A prohibition notice will set out why the fire inspector believes the premises should not be used, or their use should be restricted, and what needs to be fixed before the premises can be used again without restrictions. The notice may give you a choice of different ways to fix the or minimise the fire risks.

Q62:Do I have to leave my premises immediately if I get a fire safety prohibition notice?

In some cases, yes. Read the notice carefully. A restriction or ban on using premises can take effect immediately if there is an imminent risk of serious personal injury. If things are less urgent, there can be a before you have to comply.

Q63:What if I ignore a fire safety prohibition notice?

It is a criminal offence to disobey a fire safety prohibition notice, punishable by a fine and/or up to two years in prison.

Q64:Can I appeal a fire safety prohibition notice?

Yes. If you disagree with a prohibition notice, you have 21 days from the day you receive the notice to appeal the notice to a magistrate's court. The notice is still effective until any appeal is dealt with so you must continue to comply with it (unless you ask the court to suspend the notice and they agree to do so, in which case the notice is suspended from the date the court advises). The court may agree with the prohibition notice, make modifications to it or cancel it .

Q65:Are prohibition notices made public?

Yes, your local fire and rescue authority has to to publish prohibition notices on a public register. These are usually available online.

Being prosecuted for a fire safety breach
Q66:What should I do if I am being prosecuted for a fire safety breach?

If you are facing a prosecution for of fire safety law (or you think you may be prosecuted), it is usually best to get a lawyer promptly. They can help you to determine what documents you have to give to the prosecution, assist you with answering questions, and help you to put forward your arguments in court if things get that far. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q67:What are the penalties if I am found guilty of a fire safety breach at court?

You could be fined up to £5,000 for lower level of fire safety laws. You could receive an unlimited fine, and/or be imprisoned for up to two years for serious that put people at risk of injury or death due to fire risks, including failing to comply with alterations, enforcement or prohibition notices.

Accident and injury compensation
Q68:Do I have to pay compensation to employees who get injured or sick at work?

If you fail to obey health and safety laws, may be able to claim compensation from your business for personal injury or illness suffered at work. For example, you could be liable for injury to an if you fail to train them to use protective equipment properly, or if they become ill because they were exposed to something at work. Similarly, if you break fire safety laws, can usually sue you if they suffer as a result.

If you have , you will almost always be legally required to have to cover these sorts of claims. If you do not have such insurance, your will have to pay any successful claims made by . It is also a criminal offence not to have if the law says you must have it. You can be fined up to £2,500 per day for every day you do not have proper insurance. See Employers' liability insurance for what insurance you need.

Note that regardless of whether you have to pay compensation to injured , you are usually legally required to give them to cover time taken off work, regardless of how and why they fell ill or were injured. There is a minimum amount you must pay (called or ), but if you have agreed to pay more than the minimum in their contract, you must pay what you have promised. See Payment during sickness absence for when and how to pay .

Q69:Can I be sued if my employees injure someone?

Yes, generally, if an is doing something as part of their job, you will be liable for their actions if they injure someone.

You can get insurance against these types of claim, called . It is not legally required, but worth considering for many businesses. See Public liability insurance for further guidance on .

If an injured member of the public is claiming for personal injury compensation against you, you should seek legal advice immediately. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q70:Can I be sued if a customer or visitor to my premises is injured?

Yes, potentially. The law requires you to take over the safety of visitors to your business premises. If you have a business with a high footfall, sooner or later you are likely to be sued by a customer who has had an accident. Situations were you might be found liable and ordered to pay compensation vary widely, including everything from poorly lit stairs causing someone to fall down them, to someone tripping over packaging left lying around or slipping on a spillage that was not cleaned up promptly.

You should seriously consider obtaining to cover these types of claims. See Public liability insurance for further guidance on .

If an injured customer or visitor is claiming for personal injury compensation against you, you should seek legal advice immediately. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

Q71:What should I do if someone makes a personal injury claim against my business?

If you have not done so already (eg because you were not aware that something had happened), contact your insurer immediately. Delay in notifying them can provide a reason for them to deny you cover. You should usually get legal advice promptly. There are strict deadlines to observe when you are face with a claim for compensation, and if you miss them, you can damage your chances of a successful defence. Your insurer may require you to use particular lawyers, but if they do not, for access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.

See What to do about accidents or illness for what to do in the immediate aftermath of a work-related incident.