When people talk about who is legally responsible for fire safety in a commercial building in England and Wales, they usually mean the “responsible person”. The term comes from the Regulatory Reform (Fire Safety) Order 2005. If you run, own or manage premises with a commercial kitchen or ventilation system, it may well be you. This guide explains who the responsible person is, what the duty involves and how it applies to kitchen extract and ventilation. It’s general information, not legal advice.
Who the responsible person is
Under the Regulatory Reform (Fire Safety) Order 2005, the responsible person is usually the employer, where the workplace is under their control. Otherwise it’s the person who has control of the premises, such as the occupier or owner. BESA lists the employer, owner, landlord, facilities manager or managing agent as people who can carry this duty (BESA).
There can be more than one. In a shared building, a landlord may be responsible for common parts and shared risers, while a tenant is responsible for their own kitchen. Where that happens, they need to cooperate and share information. GOV.UK has a plain-English summary of workplace fire safety responsibilities.
What the duty involves
In broad terms, the responsible person must:
- carry out a fire risk assessment, or have a competent person do it, and review it regularly
- put in place measures to remove or reduce the risks found
- keep fire safety equipment and systems maintained and working
- plan for emergencies and give staff information and training
The duty is to manage risk, not to follow a particular trade standard. But the standard you follow is how you show you’ve done it.
How this applies to kitchen extract
Grease in a kitchen extract is fuel. It builds up in the canopy, duct, fan and discharge, and a fire there can spread through the building. A fire risk assessment for a commercial kitchen should address that risk. The accepted way to control it is regular cleaning and inspection to TR19® Grease, BESA’s specification for kitchen extract systems.
TR19 isn’t law, but it gives you a clear, recognised benchmark: minimum cleaning intervals by hours of use, grease thickness limits and certificates to prove the work was done (BESA). See is TR19 a legal requirement?
Need it done? Duct Doctor cleans and tests kitchen extract and ventilation systems across London and the South East, with a certificate and photo report after every clean. Get a fixed quote.
Dampers and ventilation too
The duty to maintain fire safety systems includes fire dampers and smoke dampers in ductwork. BESA says fire dampers should be tested at least annually, and that the responsible person has a legal duty to keep them working (BESA). Dust and grease in ventilation ducts can also stop dampers closing, so general ventilation hygiene matters as well. See fire dampers vs smoke dampers.
Records that show you’ve done it
Good records are your evidence. Keep together:
- your current fire risk assessment, and any actions from it
- TR19 certificates and post-clean reports, with photos
- grease thickness readings and any notes on inaccessible sections
- fire and smoke damper test records, and repairs
- filter cleaning or exchange logs
Duct Doctor provides a TR19® certificate and a before-and-after photo report after every clean, designed to slot straight into your maintenance log.
If you’re not sure it’s you
Check your lease, management agreement or contract. If responsibility for the extract isn’t clear, settle it in writing. Our guide to landlord and tenant responsibility covers the questions to ask. For legal questions about your own premises, take advice from a qualified professional.
Quick answers
Can I hand the responsibility to a contractor?
You can use a competent contractor to do the work, but the legal duty stays with the responsible person.
Does the Fire Safety Order mention TR19?
No. It requires fire risk to be managed. TR19 is the recognised standard for doing that in kitchen extracts.
Is the head chef the responsible person?
Not usually. It’s normally the employer or whoever controls the premises, though they may give day-to-day tasks to staff.
Related services
More advice
- Is TR19 a Legal Requirement? What the Law Says
- Landlord or Tenant: Who Cleans the Kitchen Extract?
- Fire Damper vs Smoke Damper: The Difference
- Kitchen Extract Insurance: What Insurers Want to See
- All advice
This guide is general information. It isn’t legal or insurance advice: check your own policy wording and lease, and speak to a qualified adviser about your fire risk assessment.