Freeholders of residential buildings carry statutory fire safety duties. Here's what the law requires of freeholders and how to meet those duties.
21 January 20254 min readFire Safety Services
Freeholder Fire Safety Duties: The Legal Framework
Freeholders of residential buildings carry significant fire safety responsibilities under UK law — responsibilities that have been substantially expanded and formalised by the Building Safety Act 2022. Whether managing a building directly or through a managing agent, the freeholder remains the ultimate legal owner of the building and cannot fully divest themselves of fire safety liability.
Duties Under the Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 (RRO) applies to the common parts of all residential buildings. The responsible person — typically the freeholder or their managing agent — must ensure that a suitable and sufficient fire risk assessment is carried out on the common parts, that fire safety measures are implemented and maintained, and that residents are provided with relevant fire safety information.
For freeholders who manage their buildings directly rather than through a managing agent, these duties fall squarely on them. For freeholders who appoint managing agents, the position is more nuanced — both the freeholder and the managing agent may be responsible persons, and the freeholder retains ultimate accountability for ensuring the building is fire safe.
Appointing a managing agent does not transfer the freeholder's fire safety liability. If a managing agent fails in their duties and a fire results, the freeholder may also face enforcement action and prosecution.
Duties Under the Building Safety Act 2022
The Building Safety Act 2022 introduced the concept of the accountable person — the person or organisation that holds a legal interest in, or is responsible for repairing and maintaining, the common parts of a higher-risk building. Freeholders are the most common accountable persons for higher-risk residential buildings.
As accountable person (or principal accountable person where there are multiple accountable persons), a freeholder of a higher-risk building must:
Register the building with the Building Safety Regulator — all higher-risk buildings must be registered. The deadline for existing buildings was 1 April 2024.
Prepare and maintain a building safety case — demonstrating that the risks to residents are being adequately managed. The building safety case includes the fire strategy, structural safety information, external wall assessment, and evidence of ongoing management.
Apply for a building assessment certificate — the BSR will assess the building safety case and, if satisfied, issue a certificate confirming the building is safe to occupy.
Establish a residents' engagement strategy — giving residents a meaningful voice in decisions about the safety of their building.
Maintain the golden thread of information — keeping accurate and up-to-date records of all key building safety information, accessible and maintainable throughout the building's life.
External Wall Fire Safety Obligations
Following the Grenfell Tower fire, significant obligations have been placed on freeholders regarding external wall fire safety. Where a building has cladding, render, or other external wall systems that may present a fire risk, the freeholder is responsible for commissioning a PAS 9980 Fire Risk Appraisal of External Walls (FRAEW) and an EWS1 form where required by lenders.
The Building Safety Act 2022 also limits the ability of freeholders to pass the cost of cladding remediation to leaseholders. Under the Act, qualifying leaseholders are protected from remediation costs where the freeholder or developer is responsible for the defective cladding.
Fire Door Maintenance
Freeholders are responsible for the maintenance of fire doors in the common parts of their buildings — entrance doors, corridor doors, staircase doors, and lobby doors. Fire doors in the common parts must be self-closing, must not be propped open, must have functioning intumescent strips and smoke seals, and must be inspected regularly.
Under recent changes to fire safety legislation, freeholders of buildings with two or more residential units and at least four storeys must ensure that their fire doors are inspected every three months. For higher-risk buildings, quarterly inspection is also required.
Frequently Asked Questions
Can a freeholder pass fire safety responsibilities to a managing agent?
A freeholder can appoint a managing agent to carry out fire safety duties on their behalf, but cannot transfer ultimate legal responsibility. Both the freeholder and the managing agent may be responsible persons under the RRO, and the freeholder retains accountability under the Building Safety Act 2022.
What are the penalties for a freeholder who fails in fire safety duties?
Under the RRO, failures can result in enforcement notices, prohibition notices, unlimited fines, and up to two years' imprisonment. Under the Building Safety Act 2022, failure to register a higher-risk building is a criminal offence, as is failure to comply with BSR directions.
Does a freeholder need to provide a fire strategy for their building?
For higher-risk buildings, a fire strategy is required as part of the building safety case. Where no original fire strategy exists, a retrospective fire strategy must be produced. For other residential buildings, a fire strategy is not a mandatory ongoing requirement, but the findings of the fire risk assessment may indicate that one is needed.
Who pays for fire door inspections?
The cost of fire door inspections and maintenance in common parts is typically recoverable through the service charge. For leaseholder-protected buildings under the Building Safety Act, certain costs cannot be passed to qualifying leaseholders.
What is the freeholder's obligation regarding EWS1 forms?
Where a lender requests an EWS1 form for a flat in a freeholder's building, the freeholder is responsible for commissioning the PAS 9980 FRAEW that underpins the EWS1 form. Leaseholders cannot be required to pay for the assessment itself.
Need fire safety advice for your project?
Our dedicated fire engineering team responds to all enquiries within 1 to 2 working days.
