5 Key-Points of the Fire Safety (Scotland) Regulations (2025)

Fire safety legislation in Scotland operates under a comprehensive framework designed to protect lives and property across all types of premises, the Fire Safety (Scotland) Regulations form part of a robust legal system that places clear responsibilities on duty holders to ensure adequate fire safety measures are implemented and maintained.

Understanding these regulations is essential for Scottish businesses to achieve compliance, protect their workforce, and avoid potentially severe legal consequences.

Table of Contents

• Overview of Fire Safety (Scotland) Regulations

• 1. Fire Risk Assessment Requirements

• 2. Fire Safety Training and Management Obligations

• 3. Enforcement Powers and Penalties

• 4. Equipment and System Requirements

• 5. Specific Sector Considerations

Summary

• The Fire (Scotland) Act 2005 is the primary legislation governing fire safety, requiring duty holders to conduct fire risk assessments and implement safety measures with the Fire Safety (Scotland) Regulations 2006 also being a governing legislation.

• Scottish Fire and Rescue Service enforces fire safety regulations with powers to issue enforcement notices and prosecute non-compliance

• All non-domestic premises must have adequate fire detection, warning systems, escape routes, and emergency lighting as specified in the regulations

• Duty holders must provide fire safety training to employees and maintain detailed records of all fire safety arrangements and training

• Regular fire risk assessment reviews are mandatory, with immediate updates required when premises or occupancy changes occur

• The type of establishment in consideration is crucial in regards to meeting the fire safety standards covered in the regulations

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Overview of Fire Safety (Scotland) Regulations

The Fire Safety (Scotland) Regulations operate within the broader framework of the Fire (Scotland) Act 2005, which replaced previous fire certification systems with a risk-based approach. The regulations place a duty of care on "duty holders" - typically employers, building owners, or those with control over premises - to ensure fire safety standards are met.

Key regulations include requirements for fire risk assessments, fire safety management plans, staff training, and maintenance of fire safety equipment with the Scottish Fire and Rescue Service acting as the enforcing authority, fire safety inspectors have the power to enter premises, conduct inspections, and take enforcement action where necessary.

Unlike the previous system of fire certificates, the current regulations place responsibility firmly on duty holders to self-assess and manage fire risks appropriately, this approach requires businesses to demonstrate ongoing compliance rather than relying on periodic external certifications.

1. Fire Risk Assessment Requirements

   
   

Under the Fire (Scotland) Act 2005, duty holders must conduct comprehensive fire risk assessments for all non-domestic premises, these assessments must identify fire hazards, evaluate risks to people, and determine appropriate fire safety measures. The assessment process must consider all persons who may be present, including employees, visitors, contractors, and those with disabilities or mobility impairments.

Fire risk assessments must be recorded in writing where five or more people are employed, though best practice recommends written assessments regardless of staff numbers, the assessment must be regularly reviewed and updated whenever significant changes occur to the premises, occupancy, or fire safety arrangements.

The regulations specify that assessments should identify escape routes, fire detection and warning systems, fire-fighting equipment, emergency lighting, and fire safety training requirements and duty holders must also consider the maintenance and testing schedules for all fire safety equipment and systems identified in the assessment.

2. Fire Safety Training and Management Obligations

   
   

Scottish fire safety regulations mandate that duty holders provide appropriate fire safety information, instruction, and training to all employees, this includes general fire safety awareness, specific procedures for the premises, and designated roles such as fire marshals or wardens. Training must be provided during working hours and repeated periodically to maintain competency.

Fire safety management obligations extend to appointing competent persons to assist with fire safety duties, establishing emergency procedures, and coordinating with other duty holders in shared premises. Where premises house multiple organisations, clear arrangements must be established for shared fire safety responsibilities.

The regulations also require duty holders to provide fire safety information to visiting contractors, maintenance personnel, and other temporary occupants to ensures everyone present understands the fire safety arrangements and their role in emergency situations.

3. Enforcement Powers and Penalties

   
   

The Scottish Fire and Rescue Service possesses significant enforcement powers under the Fire (Scotland) Act 2005, fire safety inspectors can enter premises without warrant during reasonable hours, conduct inspections, take photographs, and require information from duty holders. Where deficiencies are identified, inspectors can issue enforcement notices specifying required improvements and timescales.

Serious breaches may result in prohibition notices, which can restrict or prohibit use of a premise until fire safety deficiencies are rectified, non-compliance with enforcement or prohibition notices constitutes a criminal offence, with penalties including unlimited fines and up to two years imprisonment for individuals.

The regulations also enable prosecution of duty holders who fail to comply with their fire safety obligations, courts can impose substantial financial penalties, and in cases involving death or serious injury, charges under the Corporate Manslaughter and Corporate Homicide Act 2007 may apply.

4. Equipment and System Requirements

   
   

Fire safety regulations in Scotland specify minimum standards for fire detection, warning systems, escape routes, and firefighting equipment, all premises must have appropriate fire detection systems, which may range from simple smoke alarms in low-risk premises to sophisticated addressable systems in complex buildings.

Emergency escape routes must be clearly marked, adequately lit, and kept free from obstruction at all times, emergency lighting systems are required to illuminate escape routes during power failures, with regular testing and maintenance obligations specified in British Standards BS 5266 and covered by The Regulatory Reform (Fire Safety) Order 2005.

Portable fire extinguishers must be provided in appropriate numbers and types for the premises, with annual servicing by competent technicians along with automatic fire suppression systems, where installed, requiring regular maintenance and testing in accordance with relevant British Standards and manufacturer recommendations.

5. Specific Sector Considerations

   
   

Different types of premises face unique fire safety challenges requiring tailored approaches within the regulatory framework.

Care homes and healthcare facilities - They must consider residents with limited mobility, requiring enhanced evacuation procedures, progressive horizontal evacuation strategies, and 24-hour staffing arrangements to assist vulnerable occupants during emergencies.

Educational establishments - schools, colleges, and universities face specific challenges with large numbers of young people who may be unfamiliar with premises layout. These facilities require regular fire drills, age-appropriate fire safety education, and additional considerations for temporary accommodation such as mobile classrooms or temporary structures during building works.

Licensed premises - Pubs, restaurants, and entertainment venues must account for potentially impaired occupants, reduced lighting conditions, and high occupancy densities, additional requirements may include capacity management systems, enhanced staff training for crowd control during evacuations, and coordination with local licensing authorities.

Industrial and manufacturing premises - These premises require specialised fire safety measures addressing process-related fire risks, hazardous materials storage, and complex evacuation procedures for shift workers. These facilities often need enhanced fire detection systems, specialised suppression systems, and comprehensive emergency response plans coordinated with emergency services.

Residential accommodations - Student halls, hostels, and houses in multiple occupation (HMOs) require specific fire safety measures including individual room detection, common area coverage, and escape route protection. These premises often fall under additional licensing requirements with local authorities who may impose supplementary fire safety conditions.

Ensure Your Business Complies with Scottish Fire Safety Regulations

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