In short: fire safety in most non-domestic premises in Scotland is governed by Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, which came into force on 1 October 2006. Employers and anyone with control of "relevant premises" must assess the risk from fire, take the fire safety measures needed, and keep the assessment under review. The Scottish Fire and Rescue Service enforces the law and can serve enforcement and prohibition notices. The most serious offences carry a fine of up to £20,000 on summary conviction, or an unlimited fine and up to two years' imprisonment on indictment.
The legislation
| Law | What it does |
|---|---|
| Fire (Scotland) Act 2005, Part 3 | Sets out the fire safety duties of employers and others with control of relevant premises, enforcement powers, and offences. |
| Fire Safety (Scotland) Regulations 2006 (SSI 2006/456) | Adds detail: reviewing and recording assessments, fire safety arrangements, dangerous substances, young persons, information to employees, and co-operation between duty holders. |
| Housing (Scotland) Act 2006 | HMO licensing. Licensed HMOs become relevant premises under the 2005 Act. |
| Licensing of Short-term Lets Order | Makes fire safety a mandatory condition of every short-term let licence. |
| Housing (Scotland) Act 1987, Tolerable Standard | Since 1 February 2022, requires satisfactory fire and carbon monoxide detection in every home. |
| Building (Scotland) Regulations 2004 | Fire safety standards for new building work, conversions and alterations. Separate from the duties for existing premises. |
Who is a duty holder
Scottish law uses the term duty holder. The Act places duties on:
Employers
Section 53: ensure, so far as is reasonably practicable, the fire safety of employees.
People with control
Section 54: anyone with control of relevant premises, to the extent of that control, must ensure the fire safety of other relevant persons.
Employees
Must take reasonable care for their own and others' fire safety, and co-operate with their employer.
Several people can be duty holders for the same building: an employer occupying an office, the landlord responsible for the common stair and the managing agent running the building. They must co-operate and co-ordinate their measures. Bringing in an outside fire risk assessor does not move the duty. As the Scottish Fire and Rescue Service puts it, even where external help is used, the duty holder remains legally responsible and accountable.
Which premises are covered
Part 3 applies to relevant premises, defined in section 78 of the Act. That covers most non-domestic premises, including:
Workplaces
Offices, shops, factories, warehouses and other places of work.
Sleeping accommodation
Hotels, guest houses, hostels, holiday lets and student halls.
Licensed HMOs
Excluded from the definition of domestic premises once within HMO licensing.
Care premises
Premises providing a care home service, even in a domestic-style building.
Public buildings
Schools, churches, community halls, leisure centres and similar.
Childminding
Dwellings used for childminding, for the time they are used for that purpose.
Private homes are generally excluded. Fire safety in homes is dealt with mainly through the Tolerable Standard, the Repairing Standard for private landlords, and building regulations.
The duty to assess
The core duty is to carry out an assessment of the risk from fire and to identify the fire safety measures needed. The Scottish Fire and Rescue Service describes five steps:
Identify the people at risk
Everyone in or near the premises, and especially those at greater risk.
Identify fire hazards
Sources of ignition, fuel and oxygen, and how they could come together.
Evaluate the risk and decide whether measures are adequate
Remove or reduce hazards, and protect people with fire safety measures, giving preference to collective measures over individual ones.
Record the information
Where the law requires it, record the significant findings and the measures taken or planned.
Review
Keep the assessment under review and update it when things change.
When the assessment must be written down
Regulation 8 of the Fire Safety (Scotland) Regulations 2006 requires the duty holder, as soon as practicable after an assessment is carried out or reviewed, to record specified information where:
Five or more employees
The duty holder employs five or more people.
Licence or registration
A licence or registration under an enactment is required for the premises, as with HMOs, short-term lets, licensed venues and care homes.
Alterations notice
An alterations notice requiring a record is in force.
Regulation 9 sets out what must be recorded: the significant findings of the assessment, including the measures that have been or will be taken, and any person or group identified as being especially at risk. Regulation 10 separately requires fire safety arrangements to be recorded in the same circumstances.
When to review
Regulation 3 requires a review to be carried out regularly so the assessment stays up to date, and in particular if there is reason to suspect it is no longer valid, or there has been a significant change in the matters it relates to. The Scottish Government's guidance adds that reviews should also follow a fire or near miss. Most duty holders review at least once a year.
Enforcement and penalties
The Scottish Fire and Rescue Service is the main enforcing authority. Enforcement officers can inspect premises, ask to see the assessment and records, and give informal advice. For more serious failings they can serve notices:
| Notice | Effect |
|---|---|
| Enforcement notice | Requires specified steps to be taken to remedy a failure to comply with the duties, within a set period. |
| Prohibition notice | Prohibits or restricts the use of premises where the risk to people in a fire is so serious that use should be restricted. Can take immediate effect. |
| Alterations notice | Requires the enforcing authority to be told before certain changes are made to premises that pose serious risk. |
Section 72 creates the offences. Failing to comply with the fire safety duties is an offence where the failure puts a relevant person at risk of death or serious injury in the event of fire. Failing to comply with an enforcement, prohibition or alterations notice is also an offence. For the most serious offences, the maximum penalty is:
Directors, managers and similar officers of a company can also be personally liable where an offence by the company was committed with their consent or connivance, or was attributable to their neglect.
How Scotland differs from England and Wales
| Scotland | England and Wales | |
|---|---|---|
| Main law | Fire (Scotland) Act 2005, Part 3, and Fire Safety (Scotland) Regulations 2006 | Regulatory Reform (Fire Safety) Order 2005 |
| Person responsible | Duty holder | Responsible person |
| Enforcer | Scottish Fire and Rescue Service | Local fire and rescue authority |
| Blocks of flats | Domestic premises generally excluded; guidance for high-rise buildings | Fire Safety Act 2021 confirmed structure, external walls and flat entrance doors are covered |
| Home smoke alarms | Interlinked smoke and heat alarms in every home since February 2022 | Requirements for rented homes; no equivalent universal rule |
Guidance, templates and fire risk assessments written for English law can still be useful, but a report that cites the Regulatory Reform (Fire Safety) Order as the governing law is citing the wrong legislation for Scottish premises.
Other rules that affect fire safety
Automatic fire alarms
Since 1 July 2023, the Scottish Fire and Rescue Service no longer attends automatic fire alarm calls from commercial and workplace premises unless a fire is confirmed. Premises with sleeping accommodation continue to receive an emergency response. Duty holders need a safe procedure for investigating alarms and deciding when to call 999.
Interlinked alarms in homes
Since 1 February 2022, every home in Scotland must have a smoke alarm in the room used most during the day, a smoke alarm in every circulation space on each storey, a heat alarm in every kitchen, all ceiling-mounted and interlinked, plus a carbon monoxide alarm where there is a carbon-fuelled appliance or flue. Private landlords must meet this as part of the Repairing Standard.
What is changing
In its response to the Grenfell Tower Inquiry, the Scottish Government committed to strengthen fire risk assessor competency in Scotland and the requirement on duty holders to hire a competent assessor, through legislation following public consultation. It also committed to further consultation on mandatory periodic fire risk assessments in specified high-rise buildings. At present there is no legal requirement in Scotland for a fire risk assessor to hold formal qualifications, which is why choosing a registered assessor matters.
How to choose a competent fire risk assessor
Frequently asked questions
What is the main fire safety law in Scotland?
Part 3 of the Fire (Scotland) Act 2005, supported by the Fire Safety (Scotland) Regulations 2006. Together they set out fire safety duties for most non-domestic premises in Scotland.
Does the Regulatory Reform (Fire Safety) Order 2005 apply in Scotland?
No. The Regulatory Reform (Fire Safety) Order 2005 applies in England and Wales. Scotland has its own legislation: the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006.
What is a duty holder in Scottish fire law?
A duty holder is a person with fire safety duties under Part 3 of the Fire (Scotland) Act 2005. That includes employers, in respect of their employees, and anyone who has control of relevant premises to any extent, in respect of other people on or near the premises. It is the Scottish equivalent of the "responsible person" in England and Wales.
What are the penalties for breaching fire safety law in Scotland?
For the most serious offences under section 72 of the Fire (Scotland) Act 2005, the maximum penalty is a fine of up to £20,000 on summary conviction, or an unlimited fine and up to two years' imprisonment on conviction on indictment. These offences apply where a failure puts a relevant person at risk of death or serious injury in the event of fire, or where a notice is not complied with.
Do I need a qualified person to do my fire risk assessment in Scotland?
Not by law at present, although the Scottish Government has committed to legislate on assessor competency. The Scottish Fire and Rescue Service advises duty holders who use an outside assessor to check their competence, for example by choosing someone on a professional register or certified by a UKAS-accredited body.
Sources
- Fire (Scotland) Act 2005, Part 3, legislation.gov.uk
- Fire (Scotland) Act 2005, section 72: offences, legislation.gov.uk
- Fire Safety (Scotland) Regulations 2006, legislation.gov.uk
- Fire risk assessment, Scottish Fire and Rescue Service
- Non-domestic fire safety, Scottish Government
- Unwanted fire alarm signals, Scottish Fire and Rescue Service
- Fire and smoke alarms: changes to the law, mygov.scot
- Response to the Grenfell Tower Inquiry Phase 2 report, Scottish Government
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.