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Andrew Spence

Andrew Spence

Duty to Maintain Fire Safety in Redundant and Unused Buildings

A recent major fire in a derelict building in Manchester, which caused the evacuation of adjacent buildings and closed the railway line due to fire and smoke spread has highlighted the need to maintain fire safety measures in unused and redundant buildings.

The Regulatory Reform (Fire Safety) Order 2025 makes no distinction between redundant and unused buildings and those in use. Duty Holders, commonly Landlords, known as the ‘Responsible Person’ for reasons of the 2005 Order have a primary duty to preserve life resulting from fire. This duty is extended to ‘Relevant Persons’ who may be affected by fire, those living or working in adjacent properties for example. At civil law the Duty Holder* may also have a Duty of Care for trespassers who may be present in the building at the time of the fire.

The level of fire control exercised by the Responsible Person should be determined by risk assessment and should also be proportionate to the risk of fire spreading away from the building.

Whereas the cause of the Manchester Fire is unknown, I suggest that the following hazards pose the greatest risk to redundant and unused properties:

  • Trespass leading to an accidental fire or Arson
  • Buildup of waste
  • Deteriorating fabric of the building
  • Storage of flammable or combustible materials
  • Electrical fault
  • Gas leak

Therefore, I suggest the primary fire precautions should look to control these hazards:

  • Ensure that the premises are secure against trespass
  • Carry out regular checks to ensure that the premises are not trespassed
  • Repair or close up any breaches in the building’s security as soon as breaches are noticed
  • ‘Sanitise’ the building; remove waste material and stored flammable or combustible materials. Shut off gas supplies and isolate the electrical supply
  • Consider retaining, where they exist, in safe working order, fire alarms and emergency lighting
  • Ensure that waste, flammable or combustible materials and vegetation are not allowed to build up externally to the building in such a way that the risk of fire spread to the building or adjacent properties is increased
  • Ensure that any works to the premises is controlled as to prevent the risk of fire (Hot Work).
  • Ensure that any fire hydrants and dry risers are in working order and accessible to the Fire Service
  • Ensure that the Fire Service has access to the Responsible Person’s contact details.

* The Occupiers Liability Act 1984 places a Duty of Care on the Duty Holder for those with no lawful reason for being on the premises (Trespassers) when it is known or could be reasonably expected that trespass will take place.