Fire risk assessments for rental properties: what the law requires and what most landlords get wrong

Fire safety is the compliance area where the gap between "what landlords think they need to do" and "what the law actually requires" is widest. Here's what the legislation actually says.

The legal framework

Two pieces of legislation govern fire safety in rental properties:

1. The Regulatory Reform (Fire Safety) Order 2005 (FSO)

This applies to the common parts of buildings — hallways, stairwells, communal rooms — and to HMOs (Houses in Multiple Occupation). For any building where there are communal areas, the responsible person (typically the landlord or managing agent) must:

• Carry out a suitable and sufficient fire risk assessment
• Implement appropriate fire safety measures
• Review the assessment regularly and when circumstances change

2. Housing Act 2004 and Housing Health and Safety Rating System (HHSRS)

This applies to all rental properties including self-contained flats and houses. Under the HHSRS, local authorities can inspect properties and take enforcement action if they find fire hazards. The assessment doesn't need to be a formal written document for a self-contained property — but you must be able to demonstrate adequate fire safety.

Do self-contained short-let properties need a formal fire risk assessment?

The strict legal answer: a formal written FRA is only mandatory under the FSO for communal areas and HMOs.

The practical answer: your insurer almost certainly requires one, your mortgage lender may require one, and if you're renting a flat in a converted building (which describes most Edinburgh and London short-lets), the building's communal areas are covered by the FSO anyway.

Our recommendation: treat every rental property as requiring at least a basic documented fire safety check, and a full formal FRA for anything with shared spaces or HMO status.

Scotland: stricter than England

Scotland's fire safety requirements for rental properties are significantly stricter than England and Wales, following the Housing (Scotland) Act 2006 as amended by the Housing (Fire Safety) (Scotland) Regulations 2019 (in force from February 2022):

Every Scottish rental property must have:

• Interlinked smoke alarms in every room frequently used as a living room
• A smoke alarm in every circulation space on each storey (hallways, landings)
• A heat alarm in every kitchen
• A carbon monoxide alarm next to every fuel-burning appliance and in every room with a fixed combustion appliance (excluding gas cookers)

All alarms must be either hard-wired or long-life lithium battery (10-year sealed). Standard disposable battery alarms do not comply.

This is not a recommendation — it's a legal requirement. Properties that don't comply cannot legally be let.

What does a compliant fire risk assessment contain?

For a full FRA (HMOs and buildings with communal areas):

1. Property details and date of assessment
2. Identification of fire hazards (ignition sources, fuel, oxygen)
3. Identification of people at risk
4. Evaluation of existing fire safety measures
5. Assessment of fire spread risk
6. Emergency procedures (evacuation routes, assembly points)
7. Record of findings and action plan
8. Date for review

For smaller self-contained properties, a simplified version of the above — documented and on file — is both proportionate and protective.

How often does the assessment need reviewing?

At least annually, and whenever:

• The property is significantly altered
• The use of the property changes
• There has been a fire or near-miss
• The assessment is more than 12 months old

Sorted BNB tracks it

Your fire risk assessment sits in the compliance dashboard alongside your other certificates. Set the review date, upload the document, and the system counts down to the next annual review. Scotland-specific alarm compliance is tracked separately per property.