A recent prosecution by East Sussex Fire and Rescue Service (ESFRS) highlights the importance of Responsible Persons understanding and acting on their duties under the Regulatory Reform (Fire Safety) Order 2005.

Markandayar Gowrikaran, who had control of an HMO at 20A St James Street, Brighton, pleaded guilty at Brighton Magistrates’ Court to offences relating to a failure to take the required general fire precautions.

He was fined £3,875, including the statutory victim surcharge, and ordered to pay £7,075.31 to ESFRS for investigation time and costs.

Fire safety deficiencies

ESFRS first inspected the premises in February 2023 following concerns raised by the local authority. Officers identified several significant deficiencies, including:

• Faults with the fire alarm system and missing smoke detector heads;
• A fire-resisting door removed from the means of escape;
• Combustible materials stored in escape routes;
• A kitchen door that failed to self-close; and
• An inadequately protected electrical intake.

Despite advice, formal Enforcement Notices and follow-up inspections, many of the deficiencies remained unresolved during inspections between February and December 2023. Substantial remedial work was not undertaken until early 2024.

Legal duty

Station manager (legal and enforcement) Jake Kaye said: “Those responsible for fire safety have a legal duty to carry out and record a suitable and sufficient fire risk assessment. Effective fire safety management is essential to reduce the likelihood of fire occurring and to ensure that, should a fire happen, it can be detected quickly and occupants are able to escape safely. Escape routes must be kept clear and protected at all times.”

Kaye added: “We continue to find that many HMOs with shared communal areas don’t have a suitable fire risk assessment in place. This remains a significant concern. The fire risk assessment is fundamental to identifying the measures needed to protect residents.”

In conclusion, Kaye observed: “We hope this prosecution serves as a reminder that those responsible for fire safety must comply with their legal duties and with any enforcement action taken by the Fire Authority. Where they fail to do so and place people at risk, we will take appropriate enforcement action.”

George O’Reilly, assistant director of risk reduction, explained: “I would like to thank Brighton Magistrates’ Court for its careful consideration of this case, together with our legal team and fire safety officers for their professionalism and commitment throughout the investigation.”

O’Reilly added: “East Sussex Fire and Rescue Service has a statutory duty to enforce the Regulatory Reform (Fire Safety) Order 2005. We take that responsibility seriously and will continue to take proportionate enforcement action where failures to comply with fire safety legislation place people at risk of death or serious injury.”

Responsibilities under the Fire Safety Order

Under the Fire Safety Order, Responsible Persons must take appropriate measures to protect relevant persons from the risk of fire. This includes carrying out and regularly reviewing a suitable and sufficient fire risk assessment, maintaining fire safety measures and equipment, and keeping escape routes available and protected.

Changes introduced through the Building Safety Act 2022 have also strengthened requirements for Responsible Persons to record their fire risk assessment and fire safety arrangements.

This case is an important reminder that a fire risk assessment is not simply a compliance exercise. Where deficiencies are identified, Responsible Persons must take appropriate action to address them and ensure fire safety measures remain effective.

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