Understanding Responsibilities and Reducing Risk in Combined Residential and Commercial Properties
Mixed-use buildings—such as high street shops with flats above—are a common feature across the UK. While convenient and space-efficient, these buildings can pose significant fire safety challenges due to the combination of commercial and residential activities under one roof.
If you own, manage or occupy a mixed-use building, it’s crucial to understand how fire safety responsibilities are divided and what systems must be in place to protect both the public and residents.
This guide outlines the key fire safety considerations for mixed-use buildings, who is responsible for what, and how to stay compliant with UK fire safety law.
Why Fire Safety in Mixed-Use Buildings Requires Special Attention
When commercial and residential spaces coexist in one structure, fire safety becomes more complex. These buildings often:
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Have shared walls, ceilings or escape routes between businesses and homes
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Combine different risk profiles—for example, a café below and sleeping occupants above
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Rely on multiple responsible persons, making clear communication essential
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May lack clearly separated fire safety systems, especially in older properties
This complexity can increase the risk of fire spreading between units and make evacuation more difficult if systems are not well designed or maintained.
What Laws Apply?
Mixed-use buildings in England fall under multiple pieces of legislation, depending on the type of occupancy:
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The Regulatory Reform (Fire Safety) Order 2005 applies to non-domestic areas—such as the commercial premises and common areas of flats (e.g. stairwells, entrance halls).
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The Fire Safety Act 2021 clarifies that the structure, external walls, and flat entrance doors in a residential building are also covered under the Fire Safety Order.
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The Housing Act 2004 and the Building Safety Act 2022 may apply to the residential part, especially in HMOs or high-rise developments.
Landlords, building owners, leaseholders, or business operators must ensure their part of the building is compliant—and coordinate with others where responsibilities overlap.
Who Is Responsible for Fire Safety?
Responsibility often depends on the lease arrangements and the building’s layout. In general:
1. The Commercial Occupier (e.g. shop or restaurant tenant)
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Responsible for the fire safety of the commercial unit
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Must conduct a fire risk assessment
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Must install and maintain appropriate fire detection and extinguishing equipment
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Must ensure staff training, clear escape routes, and visible fire action notices
2. The Residential Landlord or Freeholder
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Responsible for fire safety in communal areas of flats, such as hallways and staircases
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Must carry out a fire risk assessment for the residential common parts
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Must ensure appropriate alarms, lighting, signage, and fire doors are in place
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If the building contains flats above a shop, the landlord is likely responsible for ensuring adequate separation and compartmentation between commercial and residential areas
3. Flat Occupiers (Leaseholders or Tenants)
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Typically responsible for the safety of their own dwelling, such as testing smoke alarms
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Not responsible for structural or shared fire safety systems
Important: In practice, fire safety compliance often requires coordination between all parties. Where ownership is split, clear agreements or management plans are strongly advised.
Key Fire Safety Challenges in Mixed-Use Buildings
1. Fire Separation Between Units
There must be adequate fire-resistant construction between the commercial unit and the flats above, including floors, ceilings, and service penetrations (e.g. pipes and cables).
Older properties may lack sufficient compartmentation, which could allow smoke and fire to spread quickly between units.
2. Separate or Shared Escape Routes
Flats should have independent escape routes if possible. Where escape routes are shared with a business (such as a rear passage), they must be kept clear and accessible at all times.
Emergency lighting and signage may be required to guide occupants to safety.
3. Fire Alarm Systems
Businesses and flats should usually have separate fire alarm systems, unless a linked system is agreed and properly maintained.
It is a common mistake to assume that the commercial fire alarm covers the entire building. Residential parts, especially communal areas, may require a separate detection system or heat detectors in shared spaces.
4. Fire Doors and Access Control
Flats should have FD30-rated fire doors fitted at their entrances. These doors protect the escape route and must be self-closing and properly sealed.
Security systems (such as keypads or entry buzzers) should not obstruct evacuation or emergency access by the fire service.
Best Practices for Maintaining Fire Safety
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Carry out fire risk assessments separately for the commercial and residential areas—and review them regularly.
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Inspect fire doors, alarm systems, and emergency lighting at recommended intervals.
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Check fire separation—especially if refurbishment or structural changes have been made.
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Ensure coordination between the commercial tenant, landlord, and managing agent where responsibilities overlap.
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Maintain clear records of inspections, maintenance, and fire safety measures.
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Display fire action notices clearly in both commercial and communal residential areas.
Final Thoughts
Fire safety in mixed-use buildings isn’t always straightforward—but it is essential. With multiple occupiers, differing risk levels, and shared structures, it’s important that everyone understands their responsibilities and works together to create a safe environment.
Whether you’re a landlord, managing agent, shop owner, or freeholder, ensuring your part of the building is compliant not only protects lives—it also protects your legal position and your property.
Need help assessing or upgrading fire safety in a mixed-use property? Martyn Young Fireproofing Consultancy offers expert advice on fire protection and prevention measures. Contact us today on 07585 896648