Does my shop need a fire risk assessment?
If you run a shop, the short answer is yes, and it is worth understanding why. As the Fire Protection Association, of which we are a member, sets out in its guidance on whether a fire risk assessment is a legal requirement, the duty applies to almost every type of premises, and retail is firmly among them. Recent footage from The Sun, showing a major fire tearing through a shopping centre as the roof gave way, is a stark reminder of how quickly fire can take hold in a busy retail building, and of why the law treats the question so seriously.
A major fire spreads through a shopping centre, leading to a roof collapse. Video: The Sun.
The legal position
Under the Regulatory Reform (Fire Safety) Order 2005, a fire risk assessment is a legal requirement wherever someone is responsible for a building that is not a single private dwelling. The Order sets out a short and specific list of exceptions, such as ships, aircraft, mines and certain agricultural land, none of which describes a shop, which means that an assessment is required in almost all other premises, retail very much included. The duty is not optional, and it rests on the person who controls the premises in connection with running the business.
The key pointEvery shop needs a fire risk assessment, and since 1 October 2023 the findings must be recorded in writing, regardless of how many people you employ.
Who is the responsible person in a shop?
The Fire Safety Order places the duty on the responsible person, a term it defines fairly broadly. In a workplace, it is the employer where the workplace is under their control, and in other cases it is whoever has control of the premises in connection with running a trade or business, or the owner where no one else holds that control. For a shop, this commonly means the business owner or operator, although it can also be the landlord or an appointed managing agent, and where a unit sits within a larger scheme such as a shopping centre, responsibility is often shared between the individual retailer and the centre's management. The assessment itself must be carried out by a competent person, whether that is someone suitably trained within the business or an external assessor.
What the assessment covers
A fire risk assessment looks in detail both at the likelihood of a fire starting and at what would happen if one did. For a retail unit, it will typically examine:
- The escape routes, so that customers and staff can leave quickly even when the shop floor is busy, with stockrooms and rear exits kept clear of obstruction.
- The sources of ignition and fuel, such as electrical installations and display lighting, heating, and the large quantities of combustible stock and packaging that retail tends to accumulate.
- The active fire protection, including the fire alarm and detection system and any suppression such as sprinklers.
- The passive fire protection, such as the standard of compartmentation and the condition of fire doors, which hold back fire and smoke and protect the way out.
- The management of fire safety, covering the emergency plan, staff training, the appointment and training of fire marshals, and the provision of fire extinguishers.
When you must review it
The Fire Safety Order requires the responsible person to keep the assessment up to date, and to review it whenever there is reason to think it is no longer valid, or there has been a significant change to the premises. In retail, that kind of change happens often, such as a shop refit, a change to the layout of the sales floor, the installation of a mezzanine, a change in the type of goods sold, or a shift in how the premises are used. A major change of this sort makes a fresh assessment a legal requirement, whether or not it obviously increases the risk, so it is sensible to review your assessment at least annually and after any notable alteration.
Wherever your shop trades
Whether you run an independent shop on the high street or manage a unit within a larger retail scheme, the same duty applies wherever you trade, and we carry out fire risk assessments for retail premises right across our region. In the North West, that includes shops and shopping centres in Chester, Liverpool, Warrington, Ellesmere Port and Crewe. Across North Wales, we support retailers in Wrexham, Mold, Deeside and Rhyl, as well as across Flintshire and Wrexham more widely. In the West Midlands, we work with shop owners in Shrewsbury, Telford, Wolverhampton and Oswestry, among many other towns.
Need a fire risk assessment for your shop?
We carry out clear, practical fire risk assessments for retail premises of all sizes across the North West, North Wales and the West Midlands, from independent shops to units within larger schemes. To discuss your premises, please get in touch.
Get in touch Fire risk assessmentThis article is provided for general information and does not constitute legal advice or a fire risk assessment. It is based on the Regulatory Reform (Fire Safety) Order 2005 as amended by Section 156 of the Building Safety Act 2022, and on guidance published by the Fire Protection Association. Specific advice should be sought for your own premises.