Responsible vs Competent: Understanding Fire Safety Roles

Who Is the Responsible Person?

Under the Regulatory Reform (Fire Safety) Order 2005, which governs fire safety in non-domestic premises in England and Wales, the Responsible Person is the individual (or individuals) with legal duties for fire safety within a building.

Typical examples:

• In a workplace, the employer is normally the Responsible Person.
• In a commercial building, the owner or occupier, or both, may be Responsible Persons.
• In shared premises (for example, multi-tenant buildings), responsibilities may be shared between several parties.

The Responsible Person must:

• Carry out (or ensure someone carries out) a fire risk assessment and keep it up to date.
• Inform staff (or their representatives) about the fire risks identified.
• Put in place and maintain fire safety measures such as detection systems, escape routes, and staff training.
• Plan for emergencies and ensure employees receive suitable fire safety instruction.

The Responsible Person has the ultimate accountability. Even if tasks are delegated, the duty, and potential legal consequences, stay with them.

Who Is the Competent Person?

The Responsible Person may appoint or engage a Competent Person to assist with meeting fire safety obligations, such as carrying out technical assessments or maintaining safety systems.

Competent in this context means:

• Someone with sufficient training, experience, knowledge, and other qualities to perform the required tasks effectively.
• Typically, this could include a qualified Fire Risk Assessor, Extinguisher Technician, or Alarm Technician.
• They should understand:
  • Relevant fire safety legislation
  • Fire development and behaviour
  • Human behaviour in fires
  • Specific hazards and risks associated with the type of building and its occupants

It’s essential to ensure the Competent Person’s expertise matches your premises; for example, a small retail unit has different risks to a complex healthcare facility.

Importantly, appointing a Competent Person does not transfer responsibility. The Responsible Person remains legally accountable. The Competent Person acts on behalf of or in support of the Responsible Person, typically as an external contractor or service provider.

How These Roles Work Together

Fire safety is most effective when both roles coordinate properly. Here’s how the process usually works:

• The Responsible Person identifies the need to meet fire safety duties (risk assessment, maintenance, training, etc.).
• The Competent Person carries out or assists with the technical work — risk assessments, testing alarms, inspecting doors, training staff, servicing extinguishers.
• The Responsible Person reviews and acts upon the findings, authorising repairs or improvements where needed.
• Both maintain ongoing communication:
  • The Competent Person reports issues, updates on inspections, and flags new risks.
  • The Responsible Person ensures these issues are addressed promptly.