Do HMO Fire Risk Assessments Need Renewing Every Year?
We are often asked how long a fire risk assessment for a house in multiple occupation (HMO) lasts before it needs to be redone. Some landlords have been told that an HMO assessment should carry a validity period of three or four years, with a lighter review each year in between. It is an understandable question, as a fixed date would make planning across a portfolio much simpler.
The short answer is that the law does not require an HMO fire risk assessment to be renewed every year, and no government guidance sets a fixed validity period of one year, three years or any other length. What the law and guidance do require is that the assessment is kept under review and stays accurate for the building it covers. In practice, an annual review is a sensible minimum for most HMOs, and in this post we explain why, and when a full new assessment may be needed sooner.
Which laws apply to HMOs?
HMOs, along with flats and maisonettes, fall under two separate pieces of legislation. The Regulatory Reform (Fire Safety) Order 2005 applies to the common parts of the building, such as shared hallways, stairs and landings, and requires the Responsible Person to carry out and maintain a fire risk assessment. The Housing Act 2004 gives local authorities powers to assess hazards, including fire, across the whole of a residential property and to take action where standards fall short.
Because two regimes overlap, guidance on HMO fire safety is spread across several documents. None of them puts a date on how long an assessment remains valid.
What the guidance says about reviews
The document most widely used by fire risk assessors working in HMOs is the LACoRS guide, Housing: Fire Safety. Its section on reviewing the risk assessment says that the assessment and the fire precautions should be reviewed regularly, but it deliberately avoids setting a timescale. Instead, it points to two triggers, namely a reason to suspect the assessment is no longer valid, and a significant change to the premises. It also advises that fire precautions should be kept under constant review, with any problems dealt with as soon as possible.
The government guide Fire Safety Risk Assessment: Sleeping Accommodation, which is also relevant to HMOs, gives some further advice on reviewing an assessment. It too stops short of recommending a fixed interval. The Fire Safety Order itself takes the same approach, requiring the assessment to be reviewed regularly and whenever there is reason to think it is out of date or the premises have changed significantly.
Many local fire and rescue services publish their own guidance on HMO fire safety, and these are worth reading for the area where your properties are located. They are helpful on practical standards, but you will find that they also avoid giving a specific review period.
When an HMO assessment may no longer be valid
A fire risk assessment has no expiry date. It remains valid for as long as it accurately reflects the building, the people living in it and the fire precautions in place. In an HMO, several things can change that picture, such as:
- a frequent turnover of tenants, particularly where new residents may be more vulnerable or less familiar with the escape routes
- any fire, however small, or a false alarm that reveals a problem with the detection system
- building work, alterations to the layout or a change in the number of occupants
- changes to the fire alarm, emergency lighting or fire doors
- a change in how the property is managed, such as a new managing agent
Any of these may mean a review is needed straight away, whenever the last one took place.
So how often should you review?
Because the law is based on risk, the right review frequency depends on the individual property. In our experience, a review at least once a year is a sensible baseline for an HMO, and we would not generally recommend leaving it longer. Higher-risk properties, such as larger HMOs, buildings with vulnerable residents or properties with a high turnover of tenants, may need reviewing more often. A full new assessment is likely to be needed when there has been a significant change that the existing assessment does not cover.
What matters most is that the Responsible Person can show that the frequency they have chosen is adequate to manage the risk in that building. If the fire and rescue service or the local authority asks, a clear record of when each assessment was reviewed, what was checked and what changed will help to demonstrate that.
Asking your fire risk assessor to state a recommended review date in the report is good practice, as long as that date is based on the risk in the building and is brought forward if anything significant changes. A recommended date gives you a planning point. It does not set a legal deadline, and it does not keep an assessment valid if the property has changed in the meantime.
Need a fire risk assessment for your HMO?
We carry out fire risk assessments for HMO landlords and managing agents across the North West, North Wales and the West Midlands, with a recommended review date set for each property based on its risk. If you would like an assessment or a review of an existing one, please get in touch.
HMO fire safety Fire risk assessmentsThis article provides general guidance only and does not replace a fire risk assessment or professional advice specific to your premises. Legislation and guidance referred to apply in England unless otherwise stated.