Flats & Communal Areas: Who Is Responsible for Fire Safety?

Many landlords and property managers assume that fire safety risk assessment inside a block of flats is the responsibility of each tenant. In reality, UK fire safety law places clear responsibilities on the “responsible person” for communal areas. Failure to comply, review and update potential fire hazards could put lives and reputations at risk.

What the Law Says

Under the Regulatory Reform (Fire Safety) Order 2005 and the more recent Fire Safety Act 2021. The person in control of a building (often the landlord, freeholder, or managing agent). Must ensure that all communal areas are subject to a Fire Risk Assessment.

This includes:

- Entrances, lobbies, and hallways

- Stairwells and corridors

- Shared bin stores, bike storage, or plant rooms

- Any other spaces outside of individual flats

Individual flats themselves are generally the responsibility of tenants or leaseholders. Unless explicitly included in tenancy agreements.

Why Communal Areas Matter

In a fire, communal areas in residential buildings are often the main escape routes. If they are blocked, poorly maintained, or lack the correct fire safety measures. The consequences can be catastrophic. Common issues include:

- Old or non-compliant fire doors

- Outdated or missing fire alarms or fire extinguishers

- Inadequate lighting or signage

- Combustible items stored in corridors

- Lack of updated Fire Risk Assessments

The Role of Fire Risk Assessments

A professional Fire Risk Assessment ensures that communal areas are clear of obstructions and hazards to reduce the risks from fire. That they are equipped with the right fire safety equipment to help prevent fire. That they are managed under a documented evacuation plan and supported by up-to-date emergency lighting and signage.

Regular assessments also ensure that property managers meet their legal duties and avoid fines, enforcement notices, or prosecution.

Don’t Leave It to Chance

Fire safety in communal areas is not optional, it’s a legal requirement. The HSRA helps landlords, freeholders, and property managers across the UK. Our fire risk assessments help  stay compliant with tailored solutions designed for blocks of flats and HMOs.

FAQs 

Who is legally responsible for fire safety in communal areas of flats?
Under the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021, the “responsible person” is usually the landlord, freeholder, or managing agent. They are legally required to ensure communal areas have a suitable and sufficient Fire Risk Assessment.

Are tenants responsible for fire safety in communal areas?
No. Tenants are generally only responsible for fire safety inside their own flats. Communal areas such as corridors, stairwells, and lobbies fall under the responsibility of the landlord, freeholder, or managing agent.

What areas are classed as ‘communal areas’?
Communal areas include shared spaces such as entrances, corridors, staircases, lobbies, bin stores, bike stores, plant rooms, and any other shared facilities.

How often should a Fire Risk Assessment be carried out?
Fire Risk Assessments should be reviewed regularly and updated whenever there are changes to the building, occupancy, or fire safety risks. In most residential blocks, this is typically done annually.

What happens if a landlord fails to carry out a Fire Risk Assessment?
Failure to comply can lead to enforcement notices, fines, or even prosecution. More importantly, it puts residents at risk if a fire occurs.

Do individual flats need to be included in the Fire Risk Assessment?
Generally, no, unless stated in the tenancy agreement or lease. The Fire Risk Assessment focuses on communal areas, as these are the primary escape routes in the event of a fire.

What common issues are found in communal areas?
Typical problems include blocked corridors, old or missing fire doors, poor lighting or signage, combustible items stored in stairwells, and outdated or missing fire safety equipment.

Can I do my own Fire Risk Assessment?
While small landlords can carry out their own assessments if they are competent, it is strongly recommended to use a qualified fire risk assessor. This ensures compliance with the law and reduces the risk of missing critical hazards.

How can the HSRA help?
The HSRA provides professional Fire Risk Assessments tailored to blocks of flats and HMOs across the UK. We identify risks, provide clear recommendations, and help you stay compliant with fire safety law.