In short: individual flats are domestic premises, which Part 3 of the Fire (Scotland) Act 2005 does not generally cover. But the common parts of a block are where fire and smoke spread and where everyone escapes, and the Scottish Government's guidance for high-rise domestic buildings says there should be a specific fire safety risk assessment of the premises. Mixed-use buildings and blocks containing licensed HMOs also bring parts of the building within Part 3. We assess common areas to BS 9792:2025.
Where the law applies in a block of flats
The legal position in Scotland is different from England and Wales, where the Fire Safety Act 2021 brought the structure and common parts of blocks of flats explicitly within fire safety law. In Scotland the position depends on the building:
| Building | Position |
|---|---|
| Flats over shops, offices or other businesses | The non-domestic parts are relevant premises, and their duty holders must consider the risk to residents above and the shared escape routes. |
| Blocks containing licensed HMOs | Each licensed HMO is a relevant premises, and its assessment must take account of the common escape route it relies on. |
| High-rise domestic buildings | Scottish Government guidance calls for a specific fire safety risk assessment covering the common escape routes and other fire safety measures. |
| Tenements and low-rise blocks | Commonly assessed on the instruction of factors, housing providers or owners, so that the shared areas are managed safely and responsibilities are clear. |
Following the Grenfell Tower Inquiry, the Scottish Government has committed to consult on mandatory periodic fire risk assessments in specified high-rise buildings, and to strengthen fire risk assessor competency through legislation. We will update this page as proposals are confirmed.
What a common area assessment covers
The Scottish Government's high-rise guidance notes that a fire safety risk assessment does not routinely involve opening up construction, but it may be appropriate, for example, to lift a sample of ceiling tiles to check fire stopping where services pass through walls and floors. Our common area assessments cover:
Common stair and close
Whether the escape route is protected, free of storage and ignition sources, and has suitable lighting.
Flat entrance doors
A visual check from the common side of doors onto the stair, which form part of the protection of the escape route.
Service risers and voids
Visible fire stopping in risers, meter cupboards and ceiling voids, and any obvious gaps.
Bin stores and arson risk
Bins and waste stored against the building, in closes or under stairs.
Detection and ventilation
Any common detection, smoke ventilation, and dry risers in taller buildings.
Evacuation strategy
Whether the building is designed for residents to stay put or to evacuate, and whether notices and residents' information match.
Scottish tenements
Traditional sandstone tenements, with a single common close and stair serving several flats on each floor, make up much of the housing in Glasgow, Edinburgh, Dundee and Aberdeen. The single stair is the only way out, so keeping it clear and protected matters more than anything else. Typical findings include bikes and prams in the close, electrical meters without enclosures, missing or non-closing doors to cellars and bin areas, and flat entrance doors that have been replaced with doors offering little fire resistance.
Types of assessment
BS 9792:2025 describes different types of housing fire risk assessment, from a non-destructive assessment of the common parts to more intrusive assessments that include sample opening-up of construction and checks inside flats. Most blocks need a non-destructive common-parts assessment. Where the building's history or our findings suggest hidden problems, we will explain the options and agree the scope with you before any intrusive work.
External wall assessments under Scotland's cladding remediation programme are a separate specialist process. If we see a concern about the external walls, we will record it and recommend the appropriate next step.
Frequently asked questions
Do blocks of flats in Scotland need a fire risk assessment?
It depends on the building. Private flats are domestic premises and are not generally covered by Part 3 of the Fire (Scotland) Act 2005. Mixed-use buildings and blocks with licensed HMOs bring parts of the building within the Act, and Scottish Government guidance for high-rise domestic buildings calls for a specific fire safety risk assessment. Many factors and housing providers commission common area assessments for all their blocks as good practice.
Who is responsible for fire safety in a tenement close?
Responsibility for common parts usually sits with the owners collectively, often acting through a property factor, as set out in the title deeds and the Tenement Management Scheme. Where a council or housing association owns flats in the block, they will have their own responsibilities as landlord.
Which standard do you use for flats?
BS 9792:2025, the British Standard code of practice for fire risk assessment in housing, which replaced PAS 79-2:2020, together with the Scottish Government's Practical Fire Safety Guidance for Existing High Rise Domestic Buildings where it applies.
How much does a common area fire risk assessment cost?
Common area assessments are quoted individually based on the number of floors, stairs and flats, and whether there are other shared areas such as bin stores, car parks or plant rooms. Factors and housing providers with several blocks can ask for one quote covering the whole portfolio.
Sources
- Practical fire safety guidance for existing high rise domestic buildings, Scottish Government
- Scottish Government response to the Grenfell Tower Inquiry Phase 2 report, Scottish Government
- Grenfell Tower Inquiry recommendations: progress update, March 2026, Scottish Government
- BS 9792:2025 Fire risk assessment. Housing, BSI
Written and reviewed by Raj Chall BSc, lead fire risk assessor at Fire Risk Scotland, listed on the Institution of Fire Engineers fire risk assessor register. Last reviewed 12 November 2026. This page is general guidance, not legal advice.