Fire Risk Assessment: What Buyers and Lenders Need

Fire safety has become one of the most scrutinised aspects of flat sales in England and Wales since the Grenfell Tower tragedy in 2017. If you are selling a leasehold flat, you need to understand what a fire risk assessment is, whether your building has a current one, and how it might affect your buyer's ability to secure a mortgage.

This guide covers the fire risk assessment from a seller's perspective: what the document is, who produces it, what lenders look for, how it differs from the EWS1 form, and what you can do if there are problems.

What is a fire risk assessment?

A fire risk assessment (FRA) is a systematic evaluation of fire hazards in a building. It is a legal requirement under the Regulatory Reform (Fire Safety) Order 2005 (commonly called the Fire Safety Order or FSO), which applies to all non-domestic premises and the communal parts of residential buildings in England and Wales.

For a block of flats, the FRA covers the communal areas of the building — not the inside of individual flats. This includes:

• Entrance lobbies, corridors, and stairwells
• Car parks, bin stores, plant rooms, and other shared spaces
• The building's external structure and cladding
• Fire doors, fire detection and alarm systems, and emergency lighting
• Escape routes and signage
• The building's evacuation strategy (simultaneous evacuation or "stay put")

The assessment identifies fire hazards, evaluates who is at risk, and records what measures are already in place or need to be introduced to reduce the risk to a reasonable level. The findings must be documented, and any deficiencies must be addressed with an action plan.

Types of fire risk assessment

FRAs are categorised by how intrusive the inspection is. The most common types for residential blocks are:

Most residential blocks will have a Type 1 FRA as a starting point. If that assessment identifies concerns — such as potential issues behind wall linings or in service risers — the assessor may recommend upgrading to a more intrusive type.

Who is the "responsible person"?

The Fire Safety Order places the legal duty to carry out and maintain the FRA on the responsible person. In a typical block of flats, the responsible person is:

• The freeholder — if they manage the building directly
• The management company — if a Right to Manage (RTM) company or resident management company (RMC) has taken over management of the building
• The managing agent — acting as the freeholder's or management company's agent, though the legal duty remains with the principal

Individual flat owners are not the responsible person for the building as a whole. However, you have a duty not to create fire hazards within your own property, and you should cooperate with the responsible person's fire safety measures — for example, by not propping open fire doors or storing combustible materials in communal areas.

As a seller, the key point is that obtaining and maintaining the FRA is not your responsibility. If your building does not have a current FRA, the failing lies with the freeholder or management company — but it is a failing that can directly affect your ability to sell.

FRA vs EWS1: understanding the difference

One of the most common sources of confusion for flat sellers is the difference between a fire risk assessment and an EWS1 form. They are related but distinct documents:

In short, the FRA is a building-level, legally required assessment of all communal fire hazards. The EWS1 is a lender-driven, external-wall-specific assessment that was introduced in response to the post-Grenfell cladding crisis. A building may need both documents, one, or neither — depending on its height, construction, and whether the buyer's lender requests them.

For a detailed explanation of the EWS1 process, see our guide on EWS1 forms when selling a flat.

What mortgage lenders look for

Since 2020, mortgage lenders have significantly increased their scrutiny of fire safety documentation for leasehold flat sales. When a buyer applies for a mortgage on your flat, the lender (through their valuation surveyor) will typically want to see evidence that:

• The building has a current fire risk assessment with no significant outstanding actions
• Any remediation works identified by the FRA have been completed or have a funded programme with a clear timeline
• The building's evacuation strategy is appropriate and has not been downgraded (for example, from "stay put" to simultaneous evacuation as an interim measure)
• There is no waking watch in place (or, if there is, that it is a temporary measure with a clear end date)
• For buildings over 11 metres with cladding, an EWS1 form with an acceptable rating (typically A1 or B1) has been obtained

The exact requirements vary by lender. Some follow the guidance in the UK Finance Lenders' Handbook strictly, while others apply their own additional criteria. The valuation surveyor who inspects the property on behalf of the lender will flag any fire safety concerns in their report, and the lender will then decide whether to proceed, impose conditions, or decline the mortgage application.

If the buyer's mortgage is declined on fire safety grounds, it does not necessarily mean the flat is unsaleable. Different lenders have different risk appetites, and some specialist lenders take a more pragmatic view of fire safety issues than the mainstream high street banks.

What happens if the FRA reveals issues

If your building's fire risk assessment identifies deficiencies, the responsible person must take steps to address them. The nature and urgency of the response depends on the severity of the issues:

Minor issues

These might include missing fire safety signage, fire extinguishers past their service date, or minor repairs to fire doors. These should be addressed promptly and are unlikely to affect a sale significantly, provided there is evidence that remedial action has been taken or is scheduled.

Moderate issues

More significant findings could include defective fire doors that need replacement, inadequate fire detection and alarm systems, or problems with compartmentation (the fire-resistant barriers between flats and communal areas). These issues will almost certainly generate additional enquiries from the buyer's solicitor and may concern the buyer's mortgage lender.

Serious issues

The most serious scenarios involve major deficiencies that pose an immediate or significant risk to life. These could lead to:

• Interim measures such as a waking watch (a 24-hour fire patrol), which can cost the building's leaseholders thousands of pounds per month through the service charge
• Installation of a common alarm system as an alternative to a waking watch, which is significantly cheaper to operate in the long term
• A change in evacuation strategy from "stay put" to simultaneous evacuation, which lenders view as a red flag
• Enforcement action by the local fire and rescue authority, including enforcement notices, prohibition notices, or prosecution of the responsible person
• Major remediation works — such as cladding removal and replacement, compartmentation repairs, or structural fire stopping — which can cost hundreds of thousands of pounds across the building

As a seller, you must disclose any fire safety issues you are aware of. These will be covered in the leasehold management pack and the seller's responses to standard leasehold enquiries. Attempting to conceal known fire safety problems could expose you to misrepresentation claims after the sale.

Building Safety Act 2022: what has changed

The Building Safety Act 2022 is the most significant piece of legislation affecting building fire safety since the Fire Safety Order itself. It was introduced in direct response to the Grenfell Tower Inquiry and has reshaped the fire safety landscape for residential buildings in several important ways:

Higher-risk buildings

Buildings that are over 18 metres tall (or have at least seven storeys) and contain at least two residential units are classified as "higher-risk buildings." These buildings must be:

• Registered with the Building Safety Regulator (part of the Health and Safety Executive)
• Managed by a named Accountable Person and a Principal Accountable Person, who must assess and manage building safety risks on an ongoing basis
• Subject to a safety case that demonstrates the building is being managed safely

Leaseholder protections

The Act introduced protections for qualifying leaseholders in buildings with historical fire safety defects. In most cases, leaseholders in buildings over 11 metres are protected from paying for the remediation of historical building safety defects (those relating to the original construction or subsequent refurbishment), provided the building owner or developer meets the relevant criteria. The government's Cladding Safety Scheme and Building Safety Fund provide additional funding routes for remediation in certain buildings.

Fire Safety (England) Regulations 2022

These regulations, which came into force on 23 January 2023, supplement the Fire Safety Order and impose additional duties on the responsible person in residential buildings. Key requirements include:

• Sharing fire safety information — including the findings of the FRA — with residents in a timely manner
• Carrying out quarterly checks of fire doors in communal areas, and annual checks of flat front doors (in buildings over 11 metres)
• Providing wayfinding signage in buildings over 11 metres so that fire and rescue services can navigate the building
• Providing floor plans and building information to the fire and rescue authority on request

For sellers, the practical effect of these changes is that more fire safety information should now be available for your building. If your managing agent is not providing FRA findings or fire door inspection records, they may be failing in their legal obligations.

What to do if the FRA is outdated or missing

A missing or outdated FRA is one of the most frustrating problems a flat seller can face, because it is entirely outside your control. The responsibility lies with the freeholder or managing agent, but the consequences fall on you when you try to sell. Here is what you can do:

1. Write to your managing agent or freeholder formally. Request confirmation that a current FRA exists and ask for a copy. Put this in writing (email is fine) so there is a record. Cite the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety (England) Regulations 2022 as the legal basis for your request.
2. Escalate through your solicitor. If you are already in the process of selling, your solicitor can write to the managing agent on your behalf. A letter from a solicitor often receives a faster response than one from a leaseholder.
3. Contact the local fire and rescue authority. If the responsible person refuses to commission or share an FRA, you can report the matter to your local fire and rescue authority. They have the power to audit compliance with the Fire Safety Order and can take enforcement action against the responsible person.
4. Raise it at a residents' meeting. If your building has a residents' association or if the Right to Manage company holds regular meetings, put the FRA on the agenda. Collective pressure from multiple leaseholders is often more effective than an individual request.
5. Consider interim solutions for your sale. If obtaining a current FRA will take time, discuss with your solicitor whether any interim documentation — such as a letter from the managing agent confirming that an FRA has been commissioned, or evidence of interim fire safety measures — might satisfy the buyer's lender in the short term.

How to get a copy of the FRA from your managing agent

In practice, obtaining a copy of the FRA for your building should be straightforward, although it is not always as easy as it should be. Here are the main routes:

• Leasehold management pack. The management pack that you order when selling your flat should include fire safety documentation, including the FRA or a summary of its findings. Check the pack contents when it arrives and raise any omissions immediately.
• Direct request. You can write to your managing agent at any time and request a copy of the FRA. The Fire Safety (England) Regulations 2022 require the responsible person to share fire safety information with residents, which strengthens your position.
• Online portal. Some managing agents provide fire safety documentation through an online resident portal. Check whether your agent offers this service.
• Section 21 notice. Under section 21 of the Landlord and Tenant Act 1985, leaseholders have the right to request a summary of service charge costs, and under section 22, the right to inspect supporting documents. While this route is primarily aimed at financial transparency, it can be useful if the FRA has been funded through the service charge.

Costs and who pays

The fire risk assessment is commissioned and paid for by the responsible person — usually the freeholder or management company. The cost is typically recovered from leaseholders through the service charge. You will not receive a direct bill for the FRA, but you contribute to it indirectly.

For buildings that require major remediation works, the Building Safety Act 2022 leaseholder protections may limit what leaseholders can be charged. If your building is affected by cladding or other historical building safety defects, check with your managing agent whether the costs are covered by government funding, a developer pledge, or the building owner's own liability under the Act.

Practical steps for sellers

If you are preparing to sell a flat, here is a step-by-step approach to handling the fire risk assessment:

1. Check early. Before you list your flat, contact your managing agent and ask whether a current FRA exists and when it was last reviewed. Do not wait until a buyer is found.
2. Order the management pack promptly. The leasehold management pack should include fire safety documentation. Ordering it before you market ensures you know the position early.
3. Review the FRA findings. When you receive the FRA or a summary, read it carefully. Look for any outstanding actions, particularly those rated as high priority. These are the items most likely to concern a buyer's lender.
4. Check whether an EWS1 form is needed. If your building is over 11 metres tall and has any form of cladding, check whether an EWS1 form is available or has been commissioned. Some lenders may not require one, but many still do.
5. Be transparent with your buyer. Disclose what you know about fire safety in your building. If there are outstanding FRA actions, explain what the managing agent is doing about them. Transparency builds trust and reduces the chance of the sale collapsing later.
6. Prepare for enquiries. The buyer's solicitor will ask about fire safety as part of their standard leasehold enquiries. Having the FRA, any remediation plans, and evidence of compliance ready will speed up the process.
7. Seek legal advice if there are problems. If your building has significant fire safety issues that are affecting your ability to sell, take advice from a solicitor who specialises in leasehold property or building safety. There may be options available to you, including applying pressure on the responsible person to act or exploring alternative lenders for your buyer.

Sources

• Regulatory Reform (Fire Safety) Order 2005 — legislation.gov.uk
• Building Safety Act 2022 — legislation.gov.uk
• Fire Safety (England) Regulations 2022 — legislation.gov.uk
• National Fire Chiefs Council — Fire risk assessments in purpose-built blocks of flats (guidance)
• HM Government — Fire safety in purpose-built blocks of flats (Approved Document B supplementary guidance)
• UK Finance — Lenders' Handbook, Section 6 (fire safety requirements for valuation) — ukfinance.org.uk
• RICS — EWS1: External Wall Fire Review process guidance note — rics.org
• Grenfell Tower Inquiry — Phase 2 Report, October 2024 — grenfelltowerinquiry.org.uk
• Ministry of Housing, Communities & Local Government — Building Safety Programme monthly data release
• Health and Safety Executive — Building Safety Regulator guidance on higher-risk buildings — hse.gov.uk
• LEASE (Leasehold Advisory Service) — Fire safety guidance for leaseholders — lease-advice.org
• Law Society — Leasehold Property Enquiries (LPE1) form, including fire safety section

Frequently asked questions