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The Regulatory Reform (Fire Safety) Order 2005

S.I. 2005/1541 · Made 7 June 2005 · Extends to England and Wales

Not fully up to date. 25 changes made by later legislation have not yet been written into this text, which is revised to 1 July 2026.

See the changes not yet applied
ProvisionChangeMade by
art. 43excludedDevelopment of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 s. 15(5)
art. 42(1)(a)restrictedDevelopment of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 s. 20(6)
art. 5(2)word substitutedBuilding Safety (Wales) Act 2026 s. 121(4)(a)
art. 5(3)word substitutedBuilding Safety (Wales) Act 2026 s. 121(4)(a)
art. 5(5)word substitutedBuilding Safety (Wales) Act 2026 s. 121(4)(a)
art. 7AinsertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 10
art. 21A headingwords insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 11(d)
art. 21A(1)words insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 11(a)
art. 21A(6)substitutedBuilding Safety (Wales) Act 2026 Sch. 3 para. 11(b)
art. 21A(9)omittedBuilding Safety (Wales) Act 2026 Sch. 3 para. 11(c)
art. 22A(3)(da)insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 12(a)
art. 22A(6)words insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 12(b)(i)
art. 22A(6)words insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 12(b)(ii)
art. 22A(6)words substitutedBuilding Safety (Wales) Act 2026 Sch. 3 para. 12(b)(iii)
art. 22A(6)words insertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 12(b)(iv)
art. 22B headingwords substitutedBuilding Safety (Wales) Act 2026 s. 121(3)
art. 22C-22EinsertedBuilding Safety (Wales) Act 2026 s. 121(2)
art. 26(4)insertedBuilding Safety (Wales) Act 2026 s. 121(5)
art. 27(6)insertedBuilding Safety (Wales) Act 2026 s. 121(6)
art. 30(8)insertedBuilding Safety (Wales) Act 2026 s. 121(7)
art. 36(7)insertedBuilding Safety (Wales) Act 2026 s. 121(8)
art. 50(1)word substitutedBuilding Safety (Wales) Act 2026 s. 121(4)(b)
art. 50(1A)word substitutedBuilding Safety (Wales) Act 2026 s. 121(4)(b)
art. 5(1)word substitutedBuilding Safety (Wales) Act 2026 s. 121(4)(a)
art. 9AinsertedBuilding Safety Act 2022 s. 156(4)

REGULATORY REFORM, ENGLAND AND WALES

Made 7th June 2005

Coming into force in accordance with article 1

Whereas—–

  1. (a)

    the First Secretary of State (“the Secretary of State”) consulted M1—

    1. (i)

      such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order;

    2. (ii)

      the statutory bodies, and such organisations as appeared to him to be representative of those bodies, to whose functions his proposals relate;

    3. (iii)

      the Law Commission;

    4. (iv)

      the National Assembly for Wales; and

    5. (v)

      such other persons as he considered appropriate;

  2. (b)

    as a result of that consultation it appeared to the Secretary of State that it was appropriate to vary part of his proposals;

  3. (c)

    following the consultation mentioned in recital (a) the Secretary of State considered it appropriate to proceed with the making of this Order;

  4. (d)

    a document containing the Secretary of State's proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001 M2 and the period for Parliamentary consideration under section 8 of that Act expired;

  5. (e)

    the Secretary of State had regard to the representations made during that period and in particular to the 11th Report of the Regulatory Reform Committee of the House of Commons M3 and to the 27th Report of the Delegated Powers and Regulatory Reform Committee of the House of Lords M4;

  6. (f)

    a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State's proposals in the light of them;

  7. (g)

    the draft was approved by resolution of each House of Parliament;

  8. (h)

    this Order modifies a function of the National Assembly for Wales and the Assembly has agreed that it be made;

  9. (i)

    the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and

  10. (j)

    this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—

    1. (i)

      the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created; and

    2. (ii)

      the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;

Now therefore the First Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:C1

Annotations to the whole text

Marginal citations

M1

A consultation paper “A consultation document on the reform of fire safety legislation” was published by the Office of the Deputy Prime Minister in July 2002. Copies may be obtained from the Office of the Deputy Prime Minister, P.O. Box 236, Wetherby, West Yorkshire, LS23 7NB.

M2

2001 c. 6.

M3

Session 2003-04 HC 684.

M4

Session 2003-04 HL 153.

Modifications

C1

Order: power to amend conferred (29.6.2021) by Fire Safety Act 2021 (c. 24), ss. 2, 4

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Meaning of “responsible person”
  5. 4Meaning of “general fire precautions”
  6. 5Duties under this Order
  7. 6Application to premises
  8. 7Disapplication of certain provisions
  9. Part 2: FIRE SAFETY DUTIES
  10. 8Duty to take general fire precautions
  11. 9Risk assessment
  12. 10Principles of prevention to be applied
  13. 11Fire safety arrangements
  14. 12Elimination or reduction of risks from dangerous substances
  15. 13Fire-fighting and fire detection
  16. 14Emergency routes and exits
  17. 15Procedures for serious and imminent danger and for danger areas
  18. 16Additional emergency measures in respect of dangerous substances
  19. 17Maintenance
  20. 18Safety assistance
  21. 19Provision of information to employees
  22. 20Provision of information to employers and the self-employed from outside undertakings
  23. 21Training
  24. 21AProvision of information to residents of domestic premises
  25. 22Co-operation and co-ordination between responsible persons
  26. 22AProvision of information to new responsible person
  27. 22BCo-operation with accountable persons
  28. 23General duties of employees at work
  29. 24Power to make regulations about fire precautions
  30. Part 3: ENFORCEMENT
  31. 25Enforcing authorities
  32. 26Enforcement of Order
  33. 27Powers of inspectors
  34. 28Exercise on behalf of fire inspectors etc. of their powers by officers of fire brigades
  35. 29Alterations notices
  36. 30Enforcement notices
  37. 31Prohibition notices
  38. Part 4: OFFENCES AND APPEALS
  39. 32Offences
  40. 33Defence
  41. 34Onus of proving limits of what is practicable or reasonably practicable
  42. 35Appeals
  43. 36Determination of disputes by Secretary of State
  44. Part 5: MISCELLANEOUS
  45. 37Fire-fighters' switches for luminous tube signs etc.
  46. 38Maintenance of measures provided for protection of fire-fighters
  47. 39Civil liability for breach of statutory duty
  48. 40Duty not to charge employees for things done or provided
  49. 41Duty to consult employees
  50. 42Special provisions in respect of licensed etc. premises
  51. 43Suspension of terms and conditions of licences dealing with same matters as this Order
  52. 44Suspension of byelaws dealing with same matters as this Order
  53. 45Duty to consult enforcing authority before passing plans Repealed
  54. 46Other consultation by authorities
  55. 47Disapplication of the Health and Safety at Work etc. Act 1974 in relation to general fire precautions
  56. 48Service of notices etc.
  57. 49Application to the Crown and to the Houses of Parliament
  58. 50Guidance
  59. 51Application to visiting forces, etc.
  60. 52Subordinate provisions
  61. 53Repeals, revocations, amendments and transitional provisions
  62. Signature
  63. Schedule 1
  64. Part 1: MATTERS TO BE CONSIDERED IN RISK ASSESSMENT IN RESPECT OF DANGEROUS SUBSTANCES
  65. Paragraph
  66. Part 2: MATTERS TO BE TAKEN INTO PARTICULAR ACCOUNT IN RISK ASSESSMENT IN RESPECT OF YOUNG PERSONS
  67. Paragraph
  68. Part 3: PRINCIPLES OF PREVENTION
  69. Paragraph
  70. Part 4: MEASURES TO BE TAKEN IN RESPECT OF DANGEROUS SUBSTANCES
  71. 1Paragraph 1
  72. 2Paragraph 2
  73. 3Paragraph 3
  74. Schedule 2: AMENDMENTS OF PRIMARY LEGISLATION.
  75. 1Celluloid and Cinematograph Film Act 1922
  76. 2London Building Acts (Amendment) Act 1939
  77. 3Pet Animals Act 1951
  78. 4East Ham Corporation Act 1957
  79. 5Caravan Sites and Control of Development Act 1960
  80. 6Public Health Act 1961
  81. 7Gaming Act 1968
  82. 8Fire Precautions Act 1971
  83. 9Health and Safety at Work etc. Act 1974
  84. 10Safety of Sports Grounds Act 1975
  85. 11Greater London Council (General Powers) Act 1975
  86. 12County of South Glamorgan Act 1976
  87. 13Rent Act 1977
  88. 14County of Merseyside Act 1980
  89. 15West Midlands County Council Act 1980
  90. 16Cheshire County Council Act 1980
  91. 17West Yorkshire Act 1980
  92. 18Isle of Wight Act 1980
  93. 19South Yorkshire Act 1980
  94. 20Tyne and Wear Act 1980
  95. 21Zoo Licensing Act 1981
  96. 22Greater Manchester Act 1981
  97. 23County of Kent Act 1981
  98. 24Derbyshire Act 1981
  99. 25East Sussex Act 1981
  100. 26Local Government (Miscellaneous Provisions) Act 1982
  101. 27Humberside Act 1982
  102. 28County of Avon Act 1982
  103. 29Cumbria Act 1982
  104. 30Hampshire Act 1983
  105. 31Staffordshire Act 1983
  106. 32Food Act 1984
  107. 33Building Act 1984
  108. 34County of Lancashire Act 1984
  109. 35Cornwall County Council Act 1984
  110. 36Bournemouth Borough Council Act 1985
  111. 37Leicestershire Act 1985
  112. 38Clwyd County Council Act 1985
  113. 39Worcester City Council Act 1985
  114. 40Poole Borough Council Act 1986
  115. 41Berkshire Act 1986
  116. 42Fire Safety and Safety of Places of Sport Act 1987
  117. 43Plymouth City Council Act 1987
  118. 44West Glamorgan Act 1987
  119. 45Dyfed Act 1987
  120. 46Environment and Safety Information Act 1988
  121. 47Smoke Detectors Act 1991
  122. 48London Local Authorities Act 1995
  123. 49Capital Allowances Act 2001
  124. 50Licensing Act 2003
  125. Schedule 3: AMENDMENTS OF SUBORDINATE LEGISLATION
  126. 1The Dangerous Substances in Harbour Areas Regulations 1987
  127. 2The Marriages (Approved Premises) Regulations 1995
  128. 3The Construction (Health, Safety and Welfare) Regulations 1996
  129. 4The Housing (Fire Safety in Houses in Multiple Occupation) Order 1997
  130. 5The Health and Safety (Enforcing Authority) Regulations 1998
  131. 6The Building Regulations 2000
  132. 7The Building (Approved Inspectors etc.) Regulations 2000
  133. 8The Care Homes Regulations 2001 Repealed
  134. 9The Children's Homes Regulations 2001
  135. 10The Private and Voluntary Care (England) Regulations 2001 Repealed
  136. 11The Care Homes (Wales) Regulations 2002
  137. 12The Private and Voluntary Care (Wales) Regulations 2002
  138. 13The Children's Homes (Wales) Regulations 2002
  139. 14The Child Minding and Day Care (Wales) Regulations 2002
  140. 15The Residential Family Centres Regulations 2002
  141. 16The Residential Family Centres (Wales) Regulations 2003
  142. Schedule 4REPEALS
  143. Schedule 5REVOCATIONS
  144. Explanatory note