Fire Risk Assessment for HMOs in London: Legal Requirements Explained

The Legal Requirement: Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) is the primary legislation governing fire safety in non-domestic premises and in the common parts of residential buildings. For HMO landlords in London, the RRO 2005 imposes a direct legal duty to carry out a fire risk assessment and to implement and maintain fire safety measures based on its findings. There is no exemption threshold — an HMO with two bedrooms is as legally obligated as one with twenty.

The "responsible person" under the RRO 2005 is typically the employer, the owner, or the person in control of the premises. For an HMO, this is the landlord. The responsible person must carry out a suitable and sufficient fire risk assessment, identify the general fire precautions needed, implement those precautions, record findings (in writing, for premises with five or more employees or with a licence requirement), review the assessment periodically, and take steps to ensure the safety of all relevant persons.

Five Steps of a Fire Risk Assessment

The RRO 2005 prescribes a five-step process for fire risk assessment. Step one is identifying fire hazards — sources of ignition (electrical equipment, cooking appliances, smokers materials), sources of fuel (furnishings, bedding, textiles, stored materials), and sources of oxygen (the open air, mechanical ventilation, stored oxidising materials). Step two is identifying people at risk — residents, visitors, and particularly vulnerable persons such as the elderly, disabled, or very young.

Step three is evaluating the risk and deciding whether existing precautions are adequate or whether additional measures are needed. This involves considering whether the hazards can be removed entirely, whether ignition sources can be separated from fuel sources, whether the means of escape is adequate, and whether detection and warning systems will alert everyone in the building in time to escape safely.

Step four is recording findings and implementing an action plan. For HMOs, a written record is always required — it is a condition of HMO licensing in every London borough. The action plan must prioritise actions by urgency: actions needed immediately, within one month, within three months, and ongoing. Step five is reviewing the assessment regularly and whenever significant changes occur.

Common Findings in London HMOs

London HMOs are predominantly in converted Victorian terraced houses. These buildings were not designed for multi-occupancy and typically present several recurring fire safety issues. The staircase is often open-plan, connecting all floors without any fire separation — a fire on the ground floor can fill the staircase with smoke in minutes, blocking the only means of escape for occupants on upper floors. Providing a protected staircase — enclosing it with fire-resisting construction and self-closing fire doors — is one of the most common and most important actions in a London HMO fire risk assessment.

Victorian internal doors do not provide adequate fire resistance. Replacement with FD30 fire doors (30 minutes fire resistance) to all bedroom doors and the kitchen door is required in most London HMOs. The fire door must be correctly specified, correctly installed, and properly maintained. A fire door that is propped open, that has damaged intumescent strips, or that does not close properly under its self-closer provides no meaningful protection.

Smoke detection in London HMOs is regulated by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022. Since 1 October 2022, landlords must fit a smoke alarm in every room used as sleeping accommodation — not just on each storey. All alarms must be interlinked. A heat detector is required in the kitchen. Carbon monoxide alarms are required in any room with a fixed combustion appliance. These requirements are enforced through the HMO licensing regime and through the RRO 2005.

Competent Assessors

For simple premises, the responsible person can carry out their own fire risk assessment. For HMOs and other complex residential premises, the RRO 2005 requires assessment by a "competent" person — someone with adequate training and experience. Using a professionally qualified assessor (accredited under the Institute of Fire Engineers, BAFE SP205, or the Fire Protection Association accreditation schemes) provides evidence of competence and reduces the risk of an inadequate assessment that fails to identify a critical hazard.

The fire and rescue authority can inspect any premises covered by the RRO 2005 and request to see the fire risk assessment. An inadequate assessment — one that fails to identify obvious hazards or does not cover all the required elements — will be treated as non-compliance and can result in an Enforcement Notice or Prohibition Notice requiring immediate action. Failure to comply with an Enforcement Notice is a criminal offence.

After the Assessment: Action Plans and Re-Assessment

A fire risk assessment that identifies actions does not mean the premises are illegal — it means improvements are needed. The priority is to implement life safety measures first: means of escape, detection, and warning systems before general fire protection measures. Once actions have been completed, the assessment should be reviewed and reissued to confirm that the identified risks have been addressed.

The HMO fire risk assessment should be reviewed annually as good practice, even if no changes have been made to the building. It must be reviewed after any fire or near-miss incident, after any significant change to the layout or use of the building, after any change to the fire detection or suppression systems, and after any significant change to the occupancy profile — for example, if new occupants with mobility impairments move in, requiring changes to the evacuation procedure.