The End of Ambiguity: New Legal Minimums for Fire Risk Assessor Competence in England

For nearly two decades, the term "competent person" has been the bedrock of fire safety law in England, yet its definition has often felt like shifting sand. Responsible Persons have been tasked with making a critical judgement call with little formal guidance on what "competent" truly means.

That era of ambiguity is officially ending. Spurred by the post-Grenfell reform agenda, the Building Safety Act 2022 is introducing the most significant changes to fire risk assessor competence since the Regulatory Reform (Fire Safety) Order 2005 began.

Starting 1st April 2025, the rules are not just changing—they are being solidified into a clear, legally enforceable standard.

The Shift: From Principle to Prescription

The old principle was simple in theory: appoint a "competent person." The challenge was in the execution. Without a mandatory framework, the market was inconsistent, leaving Responsible Persons legally exposed if their chosen assessor was later deemed incompetent.

The new regime, introduced via Section 156 of the Building Safety Act, moves from principle to prescription. It legally mandates that a fire risk assessor must now possess a "minimum level of qualification" and have "at least two years of experience" in undertaking fire risk assessments.

This is a game-changer. "Competence" is no longer a vague concept; it is now a measurable benchmark.

Deconstructing the New Legal Minimums

So, what does this legally required competence look like in practice? The new standard rests on three pillars, all of which must be met:

1. The Mandatory Minimum Qualification

This is the most significant new requirement. All fire risk assessors must now hold a recognised qualification. The industry standard that has emerged to meet this legal requirement is the Level 4 Certificate in Fire Risk Assessment.

• What is a Level 4 Certificate? It is a regulated qualification, equivalent to the first year of a university degree, that provides a robust, assessed understanding of fire science, legislation, risk assessment methodologies, and the application of guidance.

• Why this Level? It demonstrates a move beyond basic awareness to a level of applied knowledge and critical thinking necessary to assess complex fire safety issues properly.

• What about other qualifications? While other qualifications may be considered, the Level 4 Certificate is widely recognised by professional bodies and is set to become the baseline benchmark for the industry.

  
  

2. The Mandatory Minimum Experience

Qualifications alone are not enough. The law explicitly requires a minimum of two years' practical experience in conducting fire risk assessments. This ensures the assessor can apply their theoretical knowledge to real-world buildings, understanding the nuances of different premises, from a small shop to a complex high-rise residential block.

3. Ongoing Professional Development (CPD)

While implicitly required to maintain competence, major professional registration schemes make CPD mandatory. The fire safety landscape evolves, and an assessor's knowledge must evolve with it through regular, documented training.

The Gold Standard: Going Beyond the Legal Minimum

While the new law sets a crucial floor, best practice will remain the ceiling. The most robust way to demonstrate you have appointed a competent person is to hire an assessor who is not only qualified and experienced but is also registered with a UKAS-accredited professional scheme.

These schemes, such as the Institution of Fire Engineers (IFE) Register or the FRACC-aligned registers (CABE, IFS, RICS), do the heavy lifting for you.

They:

• Independently verify the assessor's qualifications and experience.

• Assess their work through a rigorous application and peer-review process.

• Enforce a strict code of ethics and require mandatory CPD.

• Provide a public register so you can check an assessor's status.

Hiring from these registers is your strongest defence, proving you have gone above and beyond to ensure competence.

Action Plan for Responsible Persons (Pre-April 2025)

The deadline is not a suggestion—it is a legal cliff-edge. Act now to ensure compliance.

Audit Your Current Assessor Immediately: Contact your existing fire risk assessor. Ask them directly: "Do you hold, or are you in the process of obtaining, a Level 4 Certificate in Fire Risk Assessment (or equivalent) to comply with the April 2025 regulations?" Request evidence.

Kevin at KSH Safety Services is currently part way through the National Safety Academy Level 10 SCQF / equivalent to Level 6 RQF Diploma in Fire Risk Assessment. This meets and exceeds the criteria stated above. He has several years experience in completing fire risk assessments under the older regime.

Verify Professional Registration: Check if they are on a UKAS-accredited register. This is your simplest route to compliance.

Update Procurement Contracts: For any new tender or contract renewal, explicitly state that the successful assessor must provide evidence of their Level 4 qualification (or equivalent), two years' experience, and preferably, third-party registration.

1. Plan for Renewals: If your FRA is due for renewal after April 2025, you must appoint an assessor who meets the new standard. The demand for qualified assessors will be high, so plan early to avoid a last-minute scramble and potential compliance breach.

2. Document Everything: Keep a clear record of the checks you conducted before appointing your assessor. This due diligence is your evidence to the Fire and Rescue Service that you have fulfilled your legal duty.

Conclusion: Competence is Now Defined, Documented, and Non-Negotiable

The April 2025 regulations mark a watershed moment for fire safety in England. The phrase "competent person" has been given teeth. By legally mandating a minimum level of qualification and experience, the law is driving up standards across the industry.

For Responsible Persons, this provides clarity and reduces risk. The guesswork is over. Your duty is clear: you must appoint a fire risk assessor who can demonstrably meet these new, defined standards. Ensuring they do so is your most critical step in protecting lives and fulfilling your legal obligations.