· Property Assessments for Landlords Services Ltd (PALS)
Under the Fire Safety Order, holiday lets and businesses such as shops, including those with flats above, need a fire risk assessment. So do buildings with two or more flats, for their structure, shared parts and flat front doors, and generally the shared parts of houses in multiple occupation (HMOs).
A house or flat let to one household as their home does not, although the Housing Act 2004 and the smoke and carbon monoxide alarm rules still apply.
Is a fire risk assessment a legal requirement for landlords?
The Regulatory Reform (Fire Safety) Order 2005 makes a fire risk assessment a legal requirement wherever it applies. It does not apply to “domestic premises”, which article 2 defines as “premises occupied as a private dwelling”. The exceptions are the structure, common parts and flat front doors of buildings with two or more homes, and the power to serve prohibition notices.
Does an HMO or shared house need one?
Cornwall Fire and Rescue Service lists “shared areas in houses in multiple occupation (HMOs)” among the places the Order covers. There is a grey area, though. The Government's June 2026 guidance on fire under the Housing Health and Safety Rating System (HHSRS) refers to the Order's duties in the common areas of “some HMOs”, not all of them. So whether it covers the shared parts of a particular house can depend on how the house is let.
Either way, the Housing Act 2004 applies. Its HMO management regulations require escape routes to be kept clear and in good repair, and fire alarms and fire fighting equipment in good working order. Cornwall Council says a property with 5 or more people forming 2 or more households, sharing kitchens, WC or bathrooms, needs an HMO licence.
Do flats and converted flats need one?
In short, in any building with two or more flats, including a converted house, the structure, shared parts and flat front doors are covered. The Order's fire risk assessment duty does not extend to the living space inside a flat let to one household.
Article 6(1A) makes this clear, naming “the building's structure and external walls and any common parts” and “all doors between the domestic premises and common parts”. The Fire Safety Act 2021 added this wording to clarify the Order's scope, and it has applied in England since 16 May 2022.
Where residents would escape through common parts, the Fire Safety (England) Regulations 2022 also require fire safety instructions to be displayed and given to residents, along with information about fire doors.
GOV.UK's workplace fire safety page says that for common or shared areas “the responsible person is the landlord, freeholder or managing agent”. If you own one flat in a block, that may be the freeholder or managing agent rather than you.
What about flats above shops?
A shop or other business is inside the Order; a single flat above it generally is not. But Home Office guidance lists “people in a flat above a shop” among the relevant persons, so the shop's assessment must account for whoever lives upstairs. With two or more flats upstairs, the rules for flats set out earlier apply as well.
If you let the shop to a business, that business will usually be a responsible person for its own unit, and depending on the lease you may share duties with it.
Does a holiday let need one?
GOV.UK's workplace fire safety page says the Order “also applies if you have paying guests”, including a self-catering let. So a holiday cottage needs an assessment, whereas the same house let to one household as their home would not. We set out what a holiday let needs in what fire safety a holiday let in Cornwall needs.
Does a house or flat let to one household as their home need one?
For a buy-to-let home like this, the Order does not require a fire risk assessment of the home itself. Comparing the two fire safety regimes, the HHSRS guidance says: “In premises occupied by single households, only the HHSRS will apply.”
Other rules still apply, including these two:
- The HHSRS — Part 1 of the Housing Act 2004 covers every dwelling, and the HHSRS includes fire and explosions among its 21 hazards. If the council considers a Category 1 hazard exists, it must take appropriate enforcement action.
- Smoke and carbon monoxide alarms — the alarm regulations require a smoke alarm on every storey with living accommodation. They also require a carbon monoxide alarm in any room used as living accommodation, bathrooms included, that has a fixed combustion appliance other than a gas cooker. Alarms must be checked on the day a new tenancy begins, and repaired or replaced as soon as reasonably practicable once a fault is reported.
A written fire risk assessment for a single let can be sensible due diligence, but it is not a legal duty. Nor is an independent HHSRS assessment.
Who is responsible: landlord, agent or tenant?
Where the Order applies, its duties sit with the “responsible person”: broadly, an employer in control of the workplace, otherwise whoever controls the premises for a business or other undertaking, or failing that the owner. A lease or management contract can also give a tenant or letting agent duties for matters within their control, without removing the responsible person's own. We explain how this works in whose job the fire risk assessment is in a commercial let.
What must it cover, and does it have to be written down?
Article 9 requires a “suitable and sufficient assessment of the risks to which relevant persons are exposed”, to identify the fire precautions needed. What happens during a fire risk assessment describes the visit itself.
Yes, it has to be written down. Since 1 October 2023, article 9(6) has required every assessment to be recorded as soon as practicable after it is made or reviewed. GOV.UK guidance says it must be recorded “in full (including all the findings)”. The record must also include the measures taken or planned and any group of people identified as especially at risk. Some older guidance still describes the earlier, narrower recording rule.
How long is a fire risk assessment valid?
There is no expiry date. Article 9(3) says it “must be reviewed by the responsible person regularly so as to keep it up to date”, especially if it may no longer be valid or there has been a significant change. Annual review is good practice, not a legal deadline.
Our advice, rather than a legal list, is to review it after:
- a conversion, extension or change to the layout
- a change in who lives there or how the rooms are let
- work on the alarms, fire doors or escape routes
- a fire or a near miss
What are the penalties, and who enforces them in Cornwall?
The Order is enforced by the local fire and rescue authority: in Cornwall, Cornwall Fire and Rescue Service. Cornwall Council enforces the HHSRS, HMO licensing and the alarm regulations. In some shared buildings both can act, as we explain in why your fire risk assessor should understand the HHSRS too.
Under article 32, failing to meet the fire safety duties is an offence where it puts one or more relevant persons at risk of death or serious injury in case of fire. Government guidance gives the maximum penalty, which also applies to failing to comply with an enforcement, prohibition or alterations notice. In the magistrates' court it is an unlimited fine. At the Crown Court it is an unlimited fine, up to two years' imprisonment, or both.
Where an HMO needs a licence but does not have one, or the HMO management regulations are breached, the council can impose a civil penalty instead of prosecuting. For conduct from 1 May 2026, the maximum is £40,000. Not complying with a remedial notice under the alarm regulations can lead to a penalty of up to £5,000.
Questions landlords ask
Can I carry out the fire risk assessment myself? Yes, as long as you are competent. Home Office guidance says responsible persons “can carry out their own fire risk assessments if they are competent to do so”. A requirement that anyone appointed to help must be competent has been passed, but it is not yet in force in England. If you do bring someone in, Cornwall Fire and Rescue Service says “you are still legally responsible for the fire safety in your premises and the fire risk assessment.” See also doing your own fire risk assessment and choosing a competent fire risk assessor.
How much does a landlord fire risk assessment cost? It depends on the size and layout of the building and how it is let. Call 07427 611624 and tell us about the property.
What are the new fire safety rules for landlords? Since 16 May 2022, the Order has expressly covered the structure, external walls, common parts and flat front doors of buildings with two or more homes. From 1 October 2022, the carbon monoxide alarm rule widened to any fixed combustion appliance other than a gas cooker. Since 1 October 2023, every fire risk assessment has had to be recorded. The HHSRS was revised on 23 June 2026: see what the changes mean for landlords.
Do landlords need a fire safety certificate? What the law asks for depends on the let. Where the Fire Safety Order applies, it centres on a fire risk assessment and a record of it. For a home let to one household, the fire safety duties include the alarm rules above.
About Property Assessments for Landlords Services Ltd (PALS)
Property Assessments for Landlords Services Ltd (PALS), trading as Property Assessments Cornwall, carries out fire risk assessments and HHSRS assessments across Cornwall, including Truro, Newquay, St Austell, Bodmin and Liskeard. If you want both, one visit can cover both.
Our assessors, Amanda (Mandy) Evans and Tracy Tully, are registered at Intermediate level on the National Fire Risk Assessors Register (NFRAR), registration numbers 1776 and 1779, and have over 20 years' combined experience in local authority housing enforcement. Not sure which rules apply to your rental? Call 07427 611624 or get in touch.