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Fire Safety Investigations

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Fire Safety Investigations

Our expert regulatory lawyers have experience in advising clients on investigations by the Fire Authorities and defending criminal allegations in court.

The Regulatory Reform (Fire Safety) Order 2005 places legal responsibilities on anyone who is considered to be the ‘responsible person’ for non-domestic premises, to protect those using the premises from the risk of fire. A responsible person can include employers, managing agents, occupiers of premises or any other persons who have control over the premises. If this includes you then you are required to reduce the risk of fire and make sure people can safely escape the premises in the event of a fire.

It is also a legal requirement that fire risk assessments be completed for most workplaces and that these be in writing where there are five or more employees, if there is a licence in force or an alterations notice has been served which requires it. These fire risk assessments need to be regularly reviewed. It’s the legal responsibility of the responsible person to ensure a risk assessment is performed by a qualified individual. The assessments need to consider property safety, fire fighter safety and the environment around the site.

Fire Authorities have powers to inspect properties to ensure compliance. If they conclude that there is a serious risk to life, they can issue formal notices, such as Enforcement Notices, setting out specific improvements that need to be made and Prohibition Notices, which restrict the use of premises until improvements have been made. While most enforcement work is carried out by the Fire Authority, there will be circumstances where it is the Council or Health and Safety Executive who undertake the enforcement action.

In higher risk cases, a Fire Authority can issue an Alterations Notice, which compels notification to the Fire Authority for any changes that are planned to the premises that would increase the risk. A breach of the Regulatory Reform (Fire Safety) Order is a criminal offence, which can lead to a fine and for the most serious of cases imprisonment.

We can advise and represent you if you have been served with a formal notice or are subject to any other form of enforcement action.

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Contact us if you have a problem in relation to Fire Safety, or if you would simply like to discuss these issues with one of our solicitors in strict confidence and without obligation:

  • Request a free call back using the form on the right
  • Phone us during office hours on 0845 216 2000
  • Email us at help@richardnelsonllp.co.uk.

Who Can Help You?

Jonathan Wright

Partner

Mark Wilson, Partner at Richard Nelson LLP

Mark Wilson

Partner

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What we do...

We can provide advice or representation if you are subject to a Fire Safety investigation, have been served with a formal notice or are subject to any other form of enforcement action such as an Alterations Notice or are defending criminal allegations in court.

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