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Fire safety in workplaces and other non-domestic premises in Scotland is governed by Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. This page sets out, in plain language, what they require of duty holders and their employees.
More than one person can hold duties for the same building. Each is responsible to the extent of their control.
Responsible for the fire safety of their employees at work.
Owners, occupiers, managers and landlords, to the extent of their control. Where control is not connected with running a business, the owner also holds the duties.
A person who, by contract or tenancy, must maintain or repair the premises or ensure fire safety there, to the extent of that obligation.
In Scotland, the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006 apply, enforced by the Scottish Fire and Rescue Service. The Regulatory Reform (Fire Safety) Order 2005 applies in England and Wales only and does not apply in Scotland.
Part 3 of the Fire (Scotland) Act 2005 sets the core duties. Section numbers link to the legislation.
Measures must follow set principles of prevention:
An employer must not charge employees for anything done or provided to meet fire safety duties.
The Scottish Fire and Rescue Service enforces Part 3. Enforcement officers can enter and inspect premises, and the Act provides for enforcement, prohibition and alterations notices, with rights of appeal.
The Fire Safety (Scotland) Regulations 2006 add detail to the duties in sections 53 and 54.
Regularly, and whenever there is reason to think it is no longer valid or there has been a significant change.
Do not employ a young person until the assessment has considered the risks to them.
Record the significant findings, the measures taken and anyone especially at risk if you employ five or more people, the premises need a licence or registration, or an alterations notice is in force for the premises.
Plan, organise, control, monitor and review your fire safety measures. Record the arrangements in the same three situations as above.
Assess, then remove or reduce the risk so far as reasonably practicable, with extra emergency measures where needed.
Suitable firefighting equipment and fire warning, easy to reach and use, signed, with trained people nominated where necessary.
Escape routes and exits kept clear, leading to a place of safety, signed and lit where needed. Exit doors open in the direction of escape and are not locked so they cannot easily be opened.
Procedures for serious and imminent danger, including fire drills, with enough competent people nominated to carry out evacuation.
Premises and fire safety equipment kept in efficient working order and good repair under a suitable system of maintenance.
Nominate competent people to help you meet your duties, with enough time and resources. Use competent employees in preference to outsiders.
Give employees clear information on the risks, the measures in place and the evacuation procedures, and inform outside contractors and their employers.
Adequate fire safety training on starting work and when risks change, repeated periodically, matched to the risk, and given during working hours.
Where premises are shared, duty holders must co-operate, co-ordinate their measures and tell each other about risks.
Both are published on legislation.gov.uk, the official home of UK legislation.
Employees have their own legal duties, and can commit an offence if they fail in them.
Offences are set out in section 72 of the Act. Breaches of the Regulations are prosecuted under the Act.
| Offence | Section | Maximum penalty |
|---|---|---|
| Failing in a duty under sections 53, 54 or 55, putting a relevant person at risk of death or serious injury in the event of fire | 72(1) | Summary: fine up to £20,000 Indictment: up to 2 years' imprisonment, a fine, or both |
| Failing to comply with the Regulations, putting a relevant person at risk of death or serious injury in the event of fire | 72(3) | Summary: fine up to £20,000 Indictment: up to 2 years' imprisonment, a fine, or both |
| Failing to comply with an enforcement, alterations or prohibition notice | 72(4)(e), (f) | Summary: fine up to £20,000 Indictment: up to 2 years' imprisonment, a fine, or both |
| An employee failing in a section 56 duty, putting a relevant person at risk of death or serious injury in the event of fire | 72(2) | Summary: fine up to level 5 Indictment: a fine |
| Obstructing an enforcement officer, or a person brought in by one, or failing without reasonable excuse to give information or help an officer requires | 72(4)(a), (c), (d) | Summary: fine up to level 5 |
| Charging employees for fire safety measures | 72(4)(g) | Summary: fine up to level 5 |
| False records or information: knowingly making a false entry in a required register or document, or knowingly or recklessly giving false information | 72(4)(h), (i) | Summary: fine up to level 5 |
| Pretending to be an enforcement officer | 72(4)(b) | Summary: fine up to level 3 |
Level 3 and level 5 refer to the standard scale of fines in Scotland, currently £1,000 and £5,000.
Where a company or partnership commits an offence with the consent or connivance of, or because of neglect by, a director, manager, secretary or similar officer, that person can be prosecuted as well as the organisation.
For most offences it is a defence to show you took all reasonable precautions and exercised all due diligence. That defence does not apply to the employer's section 53 duty, where the accused must show it was not reasonably practicable to do more.
Where an offence is caused by someone else's act or default, that person is guilty of the offence too. An employer cannot escape liability solely because of something an employee, or a person nominated under the Regulations to assist, did or failed to do.
Important: The fire risk assessment, and the fire safety of your premises, remain your responsibility as the duty holder. Having a fire risk assessment is not enough on its own. Any areas of improvement must be addressed, within the timescales given, for you to meet your legal duties.
This page is a plain-language summary to help duty holders understand their responsibilities. It is not legal advice and does not replace the legislation itself. Checked against legislation.gov.uk in October 2026.
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