The government has updated its official fire safety order enforcement guidance on the enforcement of the Regulatory Reform (Fire Safety) Order 2005, providing further clarity for Responsible Persons, building owners, landlords and those with fire safety duties across England.
Published via GOV.UK, the Fire Safety Order: enforcement and sanctions for non-compliance guidance was updated on 3 July 2026. The update changes the lead organisation to the Ministry of Housing, Communities and Local Government and adds guidance on Secretary of State determinations.
While this is not a new regulation, it is an important reminder of how the Fire Safety Order is enforced, what action enforcing authorities can take, and what Responsible Persons should do if there is a disagreement over the technical measures needed to resolve a fire safety breach.
What is the Fire Safety Order?
The Regulatory Reform (Fire Safety) Order 2005, commonly known as the Fire Safety Order, is the main piece of legislation governing fire safety in buildings in England and Wales.
It applies to workplaces and to the common parts of buildings containing two or more domestic premises. This includes areas such as communal corridors, staircases, external walls, structure and flat entrance doors. The Fire Safety Order places legal duties on the Responsible Person, who is often the building owner, landlord, employer or person with control of the premises.
These duties include carrying out and recording a suitable fire risk assessment, maintaining appropriate fire precautions, planning for emergencies and ensuring risks are managed effectively.
How is the Fire Safety Order enforced?
The updated guidance explains how enforcing authorities approach non-compliance. In most cases, the enforcing authority will be the local fire and rescue authority, although other bodies may enforce the Fire Safety Order in specific circumstances.
Enforcing authorities can carry out audits, inspect premises, review fire safety records and check whether testing, maintenance and risk assessment duties are being met. The guidance states that enforcement should be transparent, proportionate to risk and focused on encouraging compliance.
Where a Responsible Person has failed to comply, the enforcing authority has several options available. These may include verbal advice, non-statutory notices, statutory notices, or, in more serious cases, prosecution.
What enforcement action can be taken?
For lower-risk or minor breaches, an enforcing authority may provide verbal advice. This may happen where the Responsible Person is broadly complying but has missed a small number of low-risk actions.
For more significant issues, the enforcing authority may issue a non-statutory notice, such as a Letter of Fire Safety Matters or a Notification of Fire Safety Deficiencies. Although failing to comply with a non-statutory notice is not an offence in itself, ignoring the issues can lead to stronger enforcement action later.
For serious breaches, statutory notices may be issued. These include:
Enforcement notices, which require specific action to remedy breaches of the Fire Safety Order.
Prohibition notices, which can restrict or prohibit the use of premises where there is serious risk to people.
Alterations notices, which require the Responsible Person to notify the enforcing authority before making certain changes to premises that are, or could become, higher risk.
The guidance also highlights that failure to comply with statutory duties, or with statutory notices, can lead to prosecution and criminal sanctions where people are exposed to risk of death or serious injury in the event of fire.
What are Secretary of State determinations?
The most notable part of the July 2026 update is the addition of guidance on Secretary of State determinations.
A determination may be used where the enforcing authority and the Responsible Person agree that remedial action is needed, but cannot agree on the technical measures required to resolve the breach.
For example, an enforcing authority may believe a particular fire safety measure is necessary, while the Responsible Person may propose an alternative approach. If both parties agree to seek a determination, the question can be referred to the Secretary of State under Article 36 of the Fire Safety Order.
This process is intended for technical disputes about the measures needed to remedy a breach. It is not designed to resolve legal disputes or questions about how the law should be interpreted.
The guidance makes clear that determinations should usually be considered at the earliest suitable opportunity and, where possible, before a formal enforcement notice is issued. However, if there is an urgent risk to safety, the enforcing authority may still need to take enforcement action without delay.
What information is needed for a determination?
Where a determination is requested, both parties will need to provide clear evidence. This may include details of the premises, information about enforcement action already taken, the latest fire risk assessment, relevant photographs, correspondence, plans, calculations and technical supporting documents.
This reinforces an important message for Responsible Persons: good documentation matters.
Fire safety decisions should be supported by current evidence, competent advice and a clear record of why particular measures have been chosen. This is especially important where an alternative fire safety approach is being proposed.
Why does this update matter?
The July 2026 update does not introduce a new legal duty, but it does provide useful clarification on how fire safety enforcement can work in practice.
For Responsible Persons, it is a timely reminder that fire safety compliance must be active, documented and regularly reviewed. A fire risk assessment should not be treated as a one-off exercise. It should be kept up to date, supported by maintenance records and followed by clear action where risks or deficiencies are identified.
For building owners, landlords and managing agents, the update also highlights the need to respond quickly and properly to fire safety concerns raised by enforcing authorities.
For fire safety consultants, contractors and developers, the determination process is particularly relevant where there is disagreement over the technical route to compliance. It provides a formal mechanism for resolving certain disputes, but it also places greater emphasis on the quality of technical evidence.
What should Responsible Persons do now?
Responsible Persons should take this opportunity to review their current fire safety arrangements and ensure that they can demonstrate compliance with the Fire Safety Order.
This should include reviewing fire risk assessments, checking that remedial actions are being progressed, keeping maintenance and testing records up to date, and ensuring that any fire safety strategy or alternative technical solution is properly evidenced.
The key message is simple: fire safety compliance is not only about having the right measures in place. It is also about being able to prove that risks have been properly assessed, decisions have been made competently, and action has been taken where required.
If you are unsure whether your premises meet current fire safety requirements, or you need support with fire risk assessments, fire strategy reviews or compliance advice, our team can help you understand your responsibilities and take the right next steps.