Fire safety enforcement in the UK is a serious matter. If a business or building owner fails to comply with fire safety legislation, the local Fire and Rescue Authority has the power to take formal action. Two of the most significant tools available to enforcing authorities are Enforcement Notices and Prohibition Notices.
Understanding what these notices mean, what to do if you receive one, and who to involve can make a critical difference to both safety and business continuity.
What Is an Enforcement Notice?
An Enforcement Notice is issued when the Fire Authority believes that the Responsible Person has failed to comply with one or more requirements of the Regulatory Reform (Fire Safety) Order 2005. Common reasons include:
- Fire risk assessments that are neither suitable nor sufficient.
- Inadequate means of escape.
- Insufficient fire detection systems.
- Inadequate fire doors or poor compartmentation.
- Lack of staff fire safety training.
Importantly, an Enforcement Notice does not usually mean there is an immediate danger to life, but it does indicate that fire safety standards are inadequate and must be improved. A deadline will be provided by which the work or actions must be completed.
What Is a Prohibition Notice?
A Prohibition Notice is far more serious. It is issued when the Fire Authority believes there is a risk so serious that the use of the premises should be restricted or stopped altogether. Common reasons include:
- Fire separation between floors is insufficient
- The means of escape is inadequate
- Fire protection for the means of escape is insufficient
- The means of giving warning in case of fire is insufficient.
- Escape routes are blocked or obstructed by combustible materials.
- Quick and safe evacuation is compromised because occupants have to pass through areas of high fire risk.
- Quick and safe evacuation is compromised by the presence of highly combustible materials.
A Prohibition Notice may prohibit the use of all or part of a building and takes effect immediately due to the high risk. It will remain in place until the risk has been reduced to an acceptable level.
Appeals: Can You Challenge a Notice?
Yes, both Enforcement and Prohibition Notices can be appealed. However, due to the legal and technical complexity, legal and professional advice is strongly recommended before appealing.
Appeals for both Notices must be made to the Magistrates’ Court and within 21 days of the Notice being served. The difference between the two Notices is that an Enforcement Notice will be suspended during the appeal process; however, a Prohibition Notice will remain in force during the appeal process.
What Should You Do If You Receive a Notice?
Receiving any formal fire safety notice can be stressful, but how you respond is crucial:
- Do Not Ignore It – Failure to comply is a criminal offence and can result in prosecution, unlimited fines, or imprisonment.
- Read the Notice Carefully – Understand what Articles of the Fire Safety Order have been breached, and what actions are required to ensure compliance. The Notice will have relevant timescales and whether any parts of the premises have been restricted.
- Engage with the Fire Authority – Fire officers are generally willing to clarify expectations. Early communication can prevent misunderstandings and demonstrate cooperation.
- Take Immediate Risk Reduction Steps – Especially for Prohibition Notices, temporary measures (such as reducing occupancy or changing work practices) may be necessary while permanent solutions are put in place.
- Consult a Fire Safety Professional – A competent fire risk assessor or consultant can help you to review the Notice and carry out a fire risk assessment to help you agree on suitable compliance solutions.