Assess the risk
Consider how a fire could start, who may be harmed and whether the precautions already in place are suitable for the premises.
Scottish fire-safety law
The law behind Fire Risk Assessments in Scotland.
Most non-domestic premises in Scotland are governed by the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. Together, they place responsibility for fire safety on the people who employ others or have control of the premises.
2005
Fire (Scotland) Act
2006
Fire Safety Regulations
Shared areas of blocks of flats
The workplace duties described below should not be assumed to apply in the same way to shared residential areas. Part 3 of the Fire (Scotland) Act 2005 generally does not apply to individual flats or their common areas; other provisions and responsibilities may apply. We establish the relevant guidance and scope for each building.
Scottish Government explanation of the residential legal framework ↗The legal framework
The framework for relevant premises.
Part 3 of the 2005 Act establishes the main fire-safety duties and enforcement framework. The 2006 Regulations add detailed requirements covering risk assessment, prevention, warning, escape, emergency procedures, competent assistance, information and training.
The law is risk-based. It does not prescribe one identical solution for every business: the measures taken should respond to the premises, its activities and the people who use it.
Core responsibilities
What dutyholders are expected to do.
Put measures in place
Act on the findings with proportionate measures for prevention, warning, escape, firefighting and emergency arrangements.
Manage fire safety
Plan, organise, control, monitor and review the measures so they remain effective as the workplace and its use change.
Inform and train
Give employees relevant information and instruction, supported by suitable training and evacuation arrangements.
Official legislation
Read the law at its source.
The links below open the complete legislation on legislation.gov.uk, including current amendments and supporting information.
2005Act of the Scottish ParliamentFire (Scotland) Act 20052006Scottish Statutory InstrumentFire Safety (Scotland) Regulations 2006
Looking for practical detail?
Open the Scottish Government guidance for workplacesCompliance in practice
The assessment must lead to action.
Fire risk assessment
- Specific to the premises and its use
- Focused on every person who may be at risk
- Reviewed regularly and when relevant changes occur
- Followed by a prioritised improvement plan where needed
Protection and escape
- Appropriate fire detection and warning
- Usable emergency routes and exits
- Suitable firefighting equipment where necessary
- Emergency lighting and fire-safety signs where required
People and procedures
- Clear action in the event of fire
- Information, instruction and suitable staff training
- Enough competent people to assist with key measures
- Co-operation between dutyholders in shared premises
Records and maintenance
- Testing and maintenance of relevant systems and equipment
- Records of findings where the law requires them
- Training, drills and actions tracked in practice
- Arrangements kept under active review
Who carries the responsibility?
Responsibility follows employment and control.
Employers have duties towards their employees. Owners, landlords, tenants, managing agents, occupiers and others may also hold duties to the extent that they control the premises or have fire-safety obligations. In shared premises, the relevant parties must co-operate, co-ordinate and exchange information about risk.
01Employers
02Owners and landlords
03Occupiers and tenants
04People with control of the premises
Enforcement
Where standards fall short.
The Scottish Fire and Rescue Service is the enforcing authority for most premises. Its officers may inspect premises and relevant records, identify deficiencies and use formal notices where necessary.
Depending on the risk and the circumstances, this can include an Enforcement Notice requiring work within a set period, an Alterations Notice where future changes could create serious risk, or a Prohibition Notice restricting or stopping the use of premises where people face serious danger.
Serious consequences
Non-compliance can be a criminal offence.
For specified offences under section 72 of the Act, the penalties can include a fine of up to £20,000 on summary conviction. On conviction on indictment, the court may impose imprisonment for up to two years, a fine, or both.
Directors, managers and partners may also be personally liable in circumstances set out by the Act.
Turn duties into a clear plan
Unsure where your premises stands?
ICAA Fire Risk & Compliance can assess eligible low to moderate fire-risk premises and explain the findings in practical, proportionate terms.
Request an assessment