Should Landlords Take More Responsibility For Fire Safety in Multi Tenanted Buildings?

Since October 1, 2006, the Regulatory Reform (Fire Safety) Order 2005 has required the Responsible Person (RP) for any non-domestic premises to conduct a fire risk assessment. This assessment must include measures to reduce or eliminate fire risks and identify individuals at risk. If the RP does not have control over all parts of the building and shares it with others, they must inform those individuals about any significant risks identified. The person who does have control (such as the landlord, owner, or other employer) is responsible for ensuring compliance with the regulations in the areas they manage. This may necessitate communication and cooperation among all parties involved to coordinate fire safety provisions, firefighting measures, and evacuation procedures effectively. The Building Safety Act 2022 focuses on high-risk residential buildings but also applies to certain commercial premises that are at least 18 meters tall or have at least 7 storeys and contain at least 2 residential units.

The problem or confusion that can arise in multi-tenanted commercial buildings for clients is determining where their responsibilities start and stop. Often, landlords manage the common areas on behalf of the clients, and each tenant has a lease that covers their demised areas, which can consist of two or more floors, parts of floors, or just small offices. Some tenants may have 100 employees, while others may have only three.

Typically, the landlord will conduct a Fire Risk Assessment (FRA) for the common areas and then request a copy of the tenants’ FRAs. This is where potential issues can surface. Larger, well-managed companies may complete a comprehensive FRA using a competent person, while smaller companies may not undertake one at all. Even though landlords request these assessments, the tenants may fail to provide them or their FRA may not be suitable or sufficient. This situation can elevate the overall risk of the building.

Another concern arises when tenants have control over the entrance doors to their floor areas, which are often fire doors leading from one compartment to a lift lobby or stairwell. Who is responsible for ensuring these fire doors are well maintained to protect the building’s passive fire protection measures?

In our experience, most landlords believe their duty extends only to the common areas and the request for the tenants’ FRAs. However, is this truly sufficient? Are the tenants’ FRAs reviewed and followed up on? Should landlords take on the responsibility of managing all fire doors, particularly the entrance doors to tenants’ demised areas, to ensure passive controls are effectively maintained? Should landlords also inspect the fire stopping within the tenants’ areas to verify that it has not been breached?

Article 22 of the Regulatory Reform (Fire Safety) Order (RRO) emphasizes the need for cooperation and coordination between all tenants and landlords. But does simply writing to the tenants and requesting their FRA go far enough? Are we missing an opportunity to ensure that the tenants’ FRAs are suitable and sufficient, that any actions raised have been completed, and that landlords take responsibility for all tenant lobby doors, regardless of whether it is the tenant’s duty to maintain them? Additionally, conducting fire stopping surveys as a building-wide exercise could help ensure that any breaches are effectively managed.

In many multi-tenanted buildings, Article 22 could be expanded so that it is not just a tick-box exercise. Landlords could utilise their expertise and resources to assist smaller tenants, especially those who lack the knowledge to meet their legal obligations. Additionally, landlords could take responsibility for inspecting key areas, such as fire doors and fire stopping, as part of a comprehensive building-wide exercise.