Who is the responsible person?

Under the Regulatory Reform (Fire Safety) Order 2005, the duties fall on the responsible person. For most rented residential buildings with shared areas, that is the landlord, the freeholder or the managing agent — whoever has control of those shared parts.

There can be more than one

In multi-occupied buildings the duty can be shared. A freeholder may control the structure and common parts while a managing agent runs them day to day, and a commercial occupier on the ground floor may hold duties for its own premises. The Order expects duty holders to co-operate rather than assume someone else has it covered.

You cannot contract the duty away

This is the point most often misunderstood. Appointing a competent assessor is sensible, and in many cases necessary — but it does not transfer the legal responsibility. The responsible person remains accountable for the adequacy of the assessment and, critically, for acting on it.

An assessment that identifies a missing self-closer and then sits in a drawer has not discharged anything.

What that means in practice

• Establish clearly who holds the duty for the shared parts
• Make sure a suitable and sufficient assessment exists and is current
• Work through the action plan and record what was done, and when
• Tell the people who need to know — residents, staff, contractors
• Review it regularly, and after anything significant changes

Why this matters more than it used to

Enforcement has become significantly tougher since the Building Safety Act 2022. Fire and rescue authorities can take action, and penalties can be serious. Beyond the law, the shared staircase is the route every resident depends on.