FAQs

These frequently asked questions (FAQs) are designed to help you get the most out of using this website. Click on a question for more information.

Premises and the Law

• Does the legislation cover more than workplaces?

  Yes. It's not just employees that deserve to be protected from the risk of fire but others on the premises such as volunteers, customers and visitors. In your own home, you can control your surroundings and the activities undertaken whereas you have less control when using premises belonging to others. You want to be assured that adequate fire safety measures have been taken on the premises, whether you are at work or in the local church hall or in rented self-catering holiday accommodation. The new legislation is designed to ensure the safety of everyone who is authorised to be on the premises.

• Which premises are exempt from fire safety risk assessment?

  Private dwellings are generally exempt from the requirement for a fire safety risk assessment. The following premises are also exempt: some ships in dock, aircraft, locomotives, rolling stock, trailers or semi-trailers, licensed vehicles, mines, offshore installations, borehole sites and agricultural and forestry land. For more information on exemptions, refer to section 78 of the Fire (Scotland) Act 2005.

• Does the legislation have any implications for private dwellings?

  Yes, although these are limited.These include the maintenance of any facilities or equipment which have been provided in common areas of private dwellings (such as a stair, passage, garden, yard or garage) for the use of, or protection of, fire-fighters.

• I work from home. Do I have to carry out a fire safety risk assessment in respect of my home?

  No.The legislation is not intended to cover those working from home if the principal use of the premises remains a private dwelling. If, however, the premises form part of a business (even though there may be no employees) or a room/rooms are made available to paying guests on a commercial basis (such as in a guest house/bed and breakfast), then the premises may no longer be considered a "private dwelling" and may therefore be subject to the fire safety legislation for as long as they are used for that purpose.

• I have several properties. Do I have to undertake a risk assessment in respect of each property?

  Yes. A fire safety risk assessment is unique to the premises concerned: it is an evaluation of the risk from fire, how a fire can be prevented and how to ensure the safety of people on, or in the immediate vicinity of, those particular premises in the event of fire. Therefore individual risk assessments should be undertaken and recorded where required (when 5 or more employees are employed; or the premises are subject to licensing or registration; or an alterations notice has been issued requiring recording of information).

• If I am moving into new premises, how long have I got before I must carry out my risk assessment?

  The duty to carry out a risk assessment applies to employers and others who have control of premises. There is no deferral of time specified in the legislation - this means that the duty applies whenever you have control of the premises. If a preliminary assessment of risk is undertaken prior to moving in, this will ensure that risks have been identified and will prevent persons being exposed to significant risk. Where a preliminary risk assessment has been done, this should be reviewed or updated as necessary once the premises are occupied and risks fully assessed taking into account any changes that may have occurred as a result of occupation of the premises.

• Do I have any responsibilities for premises, or part of my premises, which I rent out?

  Yes. Everyone who has control to some extent of non-domestic premises, will have some fire safety responsibilities. In rented properties, both the owner and the tenant are likely to have responsibilities and in general, this will depend on the extent of control of premises and the terms of contracts. In addition, anyone else with control of the premises, such as a letting agency or a contractor carrying out repair work will have responsibilities. Regardless of the number of people with responsibilities and the level of control each has, each is required to undertake a fire safety risk assessment to the extent of his/her control or obligations in respect of the premises and to take appropriate fire safety measures. In addition, all those with responsibilities will be required to co-operate with each other and co-ordinate their fire safety measures.

• What are my responsibilities if I only lease or hire the premises on a short-term basis?

  Some premises or structures may be leased from the owner as an empty and unsupervised facility (e.g. village halls, temporary structures and marquees).The fire safety responsibilities of those leasing the building or structure (and, hence, responsible for the activities conducted within the building or structure), and those of the owner/lessor, should be considered as part of the arrangements for hire. A lessee is likely to have some fire safety responsibilities to the extent they are in temporary control of the building or structure, although the owner/lessor may have greater responsibilities and will have a long-term interest in presenting a property for hire which is safe from fire.

• What if I only use/hire part of the premises?

  In some premises (e.g. pubs), part of the premises may be hired out to another organisation for a separate function (e.g. a wedding, or birthday party). The fire safety responsibilities of those organising the separate function, and those of the remainder of the building, should be considered as part of the arrangements for hire. The responsibility for each unique, occasional or separate event or function should be considered, and legal duties should be discussed, to ensure that fire safety legislation is complied with. A person using/hiring part of the premises should therefore make sure that they understand the extent of their responsibilities and familiarise themselves as necessary with the layout of the premises, the fire safety measures, and the duties of others with responsibility for fire safety within the premises.

• Will premises covered by fire safety legislation for the first time be facing huge bills for fire safety measures?

  Not necessarily. Although some premises, such as smaller B & Bs, were not previously covered by specific fire safety legislation, many owners will previously have put in place fire safety measures in order to ensure the safety of persons using the premises and to comply with health and safety legislation.

  The new fire safety legislation requires the provision of adequate fire safety measures for the purpose of ensuring the safety of persons in the premises. As a result of the new legislation, these measures may need to be reviewed as part of the risk assessment. In some cases existing measures will be sufficient while in other cases, some upgrading or additional measures may be required.

  The measures required will depend on the premises and the nature of the activities undertaken on them. One size does not fit all - each case is different. Information about fire safety measures for different types of premises is available in the sector specific guides (select "Sector Specific Guidance" from the main menu).

   
• Which fire safety measures are required in new buildings or buildings undergoing renovation?

  All new buildings must be designed to the mandatory standards under the Building (Scotland) Regulations 2004. Guidance on the design and construction of new premises is contained in the Scottish Building Standards Technical Handbook for Non-Domestic Buildings. Similarly buildings which undergo extension, structural alteration or change of use should also meet the same standards and be subject to building warrant approval, if required. More information on the Building Regulations and the mandatory standards are available on the Scottish Building Standards Agency website at www.sbsa.gov.uk

• My employer insists that I am trained in evacuating others from the premises in the event of fire and in the use of fire extinguishers. Do I have to accept these additional duties and training?

  Under fire safety law, your employer is required to ensure that appropriate procedures are in place to ensure that the premises can be evacuated in the event of fire and to nominate persons to help implement those procedures. In addition, your employer has to consider what, if any, fire-fighting equipment is appropriate on the premises. Where employees have been assigned fire safety duties such as assisting with evacuation or the use of fire-fighting equipment, your employer must ensure that appropriate training/instruction has been provided.

  Employees’ duties under fire safety legislation include co-operation with the employer, so far as is necessary, to allow them to comply with their fire safety responsibilities.

  With regard to whether you are required to accept these duties, this will depend on the terms and conditions of your employment contract. You may therefore wish to seek legal advice.

The Risk Assessment Process

• Do I have to pay a specialist to carry out a fire safety risk assessment?

  Not necessarily. A fire safety risk assessment is a practical exercise aimed at evaluating the risk from fire, how fire can be prevented and how to ensure the safety of persons on, or in the immediate vicinity of, the premises in the event of fire. An explanation of the risk assessment process is available on the Fire Safety Risk Assessment page (select "General Guidance" from the menu).

  The person carrying out the assessment should have sufficient technical training and experience or knowledge of fire safety and the premises concerned. This will vary from premises to premises but the more complex the premises, the greater the level of knowledge and expertise which will be necessary to carry out the risk assessment. The various guidance documents produced by the Scottish Government and published on this website may be of some assistance to persons carrying out a fire safety risk assessment.

  It should be remembered that fire safety responsibilities are in direct proportion to the level of control of the premises so those with limited control of the premises will have limited responsibilities in respect of the risk assessment. Where more than one person has fire safety responsibilities for the premises, each person is required to co-operate with each other and co-ordinate their fire safety measures.

  In addition many people (such as employers) should already be familiar with the concept of risk assessment as a result of compliance with previous fire safety legislation. The new legislation is similar in principle to previous legislation but extends beyond workplaces to a wider range of premises.

• What training/knowledge is required for those with responsibilities under the legislation?

  Everyone who has responsibilities under the legislation (owner, manager, employer or employee, etc.) should be aware of their responsibilities. Any training required will be determined by the level of knowledge and experience which the person has and the extent of their responsibilities. The guidance available on this website (including sector specific guides) provides more information about fire safety risk assessments and fire safety measures.

• If I have decided to employ someone to carry out my fire safety risk assessment for me, does the Scottish Government/the Fire and Rescue Service maintain a list of registered/recommended consultants/contractors?

  No. However, searching under "Fire Safety Consultants" in the Yellow Pages/local directory or searching the Internet may identify companies or individuals in your area who may be able to help. You will need to satisfy yourself regarding that person's or company's suitability.

  It should be remembered that undertaking a fire safety risk assessment is not a one-off exercise. The assessment must be kept under review and updated as necessary.

• Where can I get a copy of the risk assessment form to be completed?

  Fire safety risk assessment is a decision making process and a distinction should be made between this process and the need, in certain circumstances, to record information. The legislation requires information relating to the assessment and to fire safety arrangements to be recorded where 5 or more employees are employed; or the premises are subject to licensing or registration; or an alterations notice has been issued requiring recording of information. In these circumstances, the legislation specifies the information to be recorded, which is:

  • the significant findings of the assessment including the measures which have been or will be taken;
  • anyone identified by the assessment as being especially at risk from fire;
  • arrangements for planning, organisation, control, monitoring and review of fire safety measures

  No particular format is prescribed for record keeping. There is therefore no standard form which must be completed. However, specimen blank risk assessment record sheets are available, together with a series of examples of completed forms. Click here to view them

• To whom do I submit my completed fire safety risk assessment record?

  Fire safety legislation requires certain risk assessment information to be recorded in some cases but it does not require the submission of the record to any organisation/party. However, the record may be requested by an officer from the enforcing authority (which will be the local Fire and Rescue Service in most cases) during any inspection of the premises. You should therefore ensure that the record is kept safe and to hand.

• As an employer I have to ensure the safety of my employees so far as is reasonably practicable. What are the minimum acceptable fire safety standards which should be applied to meet these requirements?

  There are no minimum acceptable standards which can be applied. A duty to ensure safety "so far as is reasonably practicable" means that the sacrifice in terms of time, effort, expense, and any other disadvantages associated with the provision of fire safety measures, must be weighed against the magnitude of the fire risk if they were not taken. Only where the sacrifice involved in taking a particular fire safety measure is grossly disproportionate to the benefit, will it be easy for the person with fire safety responsibilities to show that it was not "reasonably practicable" for him or her to take that measure.

Enforcement

• How often will my premises be inspected?

  It is the responsibility of the individual fire and rescue authority/ joint fire and rescue board to determine how its resources will be deployed over the range of its duties including inspection.This is done by means of an integrated risk management approach which involves the authority/board setting out its assessment of local risk to life in the event of fire (and other emergency incidents) and how it is going to deploy its resources to address these risks and improve the safety of the local community.

  The authority/board's plan is then the subject of consultation with its local communities and once finalised, the plan helps inform the inspection programme for the different types of premises, with high risk premises likely to be inspected more frequently than lower risk premises.

• Will an inspector from the Fire and Rescue Service tell me what fire safety measures I need?

  Persons with fire safety responsibility for premises which had a fire certificate under the now repealed Fire Precautions Act, will have been familiar with the Fire and Rescue Service inspector telling them what fire safety measures were required. However, under the new system, the responsibility for deciding on appropriate fire safety measures sits with the persons who have fire safety responsibilities ("dutyholders").

  Dutyholders will be familiar with the premises and the activities undertaken on them and may therefore be best placed to assess and review the fire risk and decide on appropriate fire safety measures. However, in some cases, due to the complexity of the premises or the activities undertaken on them, a dutyholder may not feel confident to undertake the fire safety risk assessment and may wish to commission the assistance of a fire safety expert.

  The legislation requires the provision of appropriate fire safety measures but does not prescribe the nature, quantity or location of the measures to be provided as generally, there are different ways to minimise the likelihood of fire and therefore meet the requirements of the legislation.

  Although compliance with the legislation sits with dutyholders, the Fire and Rescue Service inspector has an enforcement role and has enforcement powers. When a Fire and Rescue Service inspector visits and asks about the fire safety risk assessment, the dutyholder should explain what action was taken and why. If the inspector is not satisfied that appropriate fire safety measures have been taken, this will be discussed with the dutyholder. In these cases, the dutyholder should ensure that he/she understands what the inspector considers is wrong, why it is wrong and how it can be put right (the inspector will normally provide written confirmation shortly after the visit).

• What happens if I disagree with the enforcing authority about the fire safety measures required?

  Where there is disagreement with the enforcing authority on compliance issues there is a mechanism for joint referral to a third party. The enforcing authority will be able to provide you with details of this procedure. There is also a right of appeal to the court against formal enforcement action.

• What can I do if I comply with the legislation as far as my responsibilities require in respect of the premises but someone else with responsibilities does not fulfil their legal obligations?

  Where responsibility for fire safety of the premises is shared, each person with responsibilities is required to co-operate and co-ordinate their activities as necessary. When this does not happen, you should contact the relevant enforcing authority for advice (in most cases it will be the Fire and Rescue Service).

• Why is fire safety in major sports grounds enforced by the local authority rather than the Fire and Rescue Service?

  Fire safety in major sports grounds is closely aligned with crowd safety which is enforced by the local authority through sports ground legislation. Having a single enforcing authority allows for a joined up approach to the enforcement of safety issues.

Miscellaneous

• Will abolishing fire certificates mean that premises will be less safe from fire?

  No. Safety and reduced casualties from fire are at the heart of the Fire (Scotland) Act 2005 and that includes the new fire safety regime for non-domestic premises. The new legislation maintains and enhances the protection afforded by previous legislation to users of premises (and others who might be affected by fire on the premises).

  The new legislation is based on the principles of ongoing risk assessment. This means that fire safety should be at the forefront of the minds of all those with fire safety responsibilities rather than the previous situation in which fire safety was often thought to have been dealt with because a fire certificate had been issued.

• How does the fire safety legislation in Scotland differ from the legislation in England and Wales?

  The fire safety regime in Scotland is similar in principle to that operated in England and Wales: both are based on the principles of risk assessment and both extend beyond workplaces to all non-domestic premises.

  However, there are differences between the two regimes with the main ones being in respect of terminology and how far the legislation applies to domestic premises. Information about the England and Wales legislation - the Regulatory Reform (Fire Safety) Order 2005 - can be accessed on the website of the Department for Communities and Local Government - and the Order itself can be accessed here.

• Can licensing authorities - e.g. for HMOs or liquor - impose terms and conditions relating to fire safety?

  No. Licensing authorities cannot impose fire safety requirements where premises are covered by Part 3 of the 2005 Act.

  Section 71 of the Fire (Scotland) Act 2005 states that, where an enactment provides for the licensing of any premises (or a person in respect of premises), "a term, condition or restriction imposed in connection with the issue under such an enactment of the licence shall be of no effect in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of this Part" i.e. general fire safety matters. Responsibility for enforcement of general fire safety duties in premises subject to licence and covered by the 2005 Act lies with the local fire and rescue authority.

  However, in certain cases, licensing authorities must consult interested parties, such as the fire and rescue authority, in respect of licence applications received. If the fire and rescue authority objects to an application or supplies the licensing authority with information that there are deficiencies in fire safety measures, the licensing authority can take this information into account and may, if it sees fit, refuse to grant or renew a licence on this basis.

• How do I get further information about the law and my rights and responsibilities?

  Part 3 of the Fire (Scotland) Act 2005 and related subordinate legislation is the law in respect of general fire safety in Scotland. Click on "Fire (Scotland) Act" in the menu to access links to the legislation.

  If you have any general queries about the new legislation, you can contact Scottish Resilience, Fire and Rescue Services Unit by sending an e-mail to FireScotlandAct@scotland.gsi.gov.uk or phoning 0131 244 2166. In addition, your local Fire and Rescue Service may be able to assist with any enquiries (check their website or look in the phonebook for contact details). Please note, however, that if you have any questions about your legal rights or obligations in specific circumstances, you should seek independent legal advice.